SEC charges biopharmaceutical company with failing to disclose millions in executive perks

The Securities and Exchange Commission charged Tennessee-based Provectus , a biopharmaceutical company, with allegedly failing to properly report millions of dollars in perks provided to its then-CEO and then-CFO as compensation. The company allegedly lacked sufficient controls surrounding the reporting and disclosure of travel and entertainment expenses submitted by its executives, including Provectus’ former CEO, Dr. H. Craig Dees, who obtained millions of dollars from the company using limited, fabricated, or non-existent expense documentation, according to the SEC. Provectus’ former CFO, Peter R. Culpepper, also allegedly obtained $199,194 in unauthorized and undisclosed perks and benefits. The SEC said Dees treated the company “as his personal piggy bank,” using falsified records to obtain $3.2 million in cash advances and reimbursements to allegedly pay for personal expenses such as cosmetic surgery for female friends, restaurant tips, and personal travel. The SEC settled with the company, which did not include any fines based on its proactive remediation and the cooperation of its new leadership. Provectus also fired the alleged wrongdoers. The company and Culpepper consented to separate orders, without admitting or denying the SEC’s findings. Culpepper agreed to pay $152,376 in disgorgement and interest, a civil penalty, and to be suspended from appearing and practicing before the SEC as an accountant for three years.

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