SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 15562 / November 17, 1997 Accounting and Auditing Enforcement Release No. 988 / November 17, 1997 SECURITIES AND EXCHANGE COMMISSION v. JOHN LOGAN, United States District Court for the District of Columbia, Civil Action No. 97CV02718 The Securities and Exchange Commission today announced the filing of a civil injunctive action in the United States District Court for the District of Columbia in Washington, D.C., against John Logan, a former Regional Sales Director in the Contact Lens Division ( CLD ) of Bausch & Lomb, Incorporated ( B&L ). The Commission's Complaint alleges that, during 1993, Logan granted, and instructed others to grant, certain distributors of B&L contact lenses the right to return those lenses, in connection with a year-end 1993 company marketing program called the December Program. According to the Complaint, Logan knew, or was reckless in not knowing, that B&L would incorrectly record these transactions as sales and improperly recognize the revenue generated by the sales. The Complaint alleges that as a result of his conduct, Logan aided and abetted B&L s violation of the antifraud, reporting, recordkeeping, and internal controls provisions of the federal securities laws and directly violated the internal controls provisions. The Complaint alleges that ultimately, B&L improperly recognized $22 million in revenue from the December Program, which consisted of the sale of significant amounts of contact lenses through consignment sales to the CLD s distributors less than two weeks before B&L s 1993 year-end. This improper revenue recognition, together with the improper recognition of revenue from the fictitious sale of sunglasses in its Asia-Pacific Division, resulted in B&L materially overstating its 1993 revenue by $42.1 million and its 1993 net income by at least $17.6 million, or 11%. This income overstatement appeared in the company s financial statements filed with the Commission for its fiscal years ended December 1993 and 1994. Simultaneously with the filing of the Complaint, Logan consented to the entry of a proposed Final Judgment that would enjoin him from violating, or aiding and abetting violations of, the antifraud, reporting, recordkeeping, and internal controls provisions of the federal securities laws, Sections 10(b), 13(a), 13(b)(2)(A) and (B), and 13(b)(5) of the Securities Exchange Act of 1934 and Rules 10b-5, 12b-20, and 13a-1 thereunder. Logan also agreed to pay a $10,000 civil penalty pursuant to Section 21(d)(3) of the Exchange Act. The Commission has submitted the proposed Final Judgment for approval and entry by the Court. ======END OF PAGE 1======