The Securities and Exchange Commission said it’s charging an energy store company and a former executive with inflating financial results. The SEC said Maxwell Technologies prematurely recognized $19 million in revenue between Dec. 2011 and Jan. 2013 from the sale of ultracapacitors, and that a former sales executive, Van Andrews, allegedly inflated the company’s revenues by entering into secret side deals with customers and by falsifying records. Maxwell’s former CEO David Schramm and former controller James DeWitt also were charged for failing adequately to respond to red flags, the SEC said. Both Maxwell and Andrews consented to the SEC’s order without admitting or denying the allegations, and Maxwell agreed to pay a $2.8 million penalty and Andrews agreed to pay a $50,000 fine and a five-year bar from serving as an officer or director of a public company. Without admitting or denying the findings that they caused certain violations by Maxwell, Schramm agreed to pay a total of nearly $80,000 in disgorgement, prejudgment interest, and penalty and DeWitt agreed to pay a $20,000 penalty, the SEC said. Maxwell has previously restated results.
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