Sunday, January 29, 2012 12:58:57 PM
How many PIPE offerings have there been up to now?
How big of a rug is needed to SWEEP this under?
JBI's FRAUD RECONFIRMED
"When it came to reporting the credits in JBI's third
quarter results, Mr. Bordynuik had his in-house
accountant record them at the $9.99-million value.
He told her in a Skype conversation to
"please get the pro formas as juicy as you can
so I can acquire a chemical company for less."
The overstated value carried over into the
actual Form 10-Q that the company later filed with
the SEC.
Although Mr. Bordynuik said the credits were "audit
proof," the accountant had some concerns, the SEC
says. She told him that it would be better to value
them at the $1-million that the company had paid for
them. A business consultant that JBI had hired also
expressed the same view, pointing out that one day
prior to the transaction the company had no assets
and the very next day it had nearly $10-million.
According to the complaint,
Mr. Bordynuik did not follow through on the advice
of either the consultant or his accountant,
and had the credits listed on the balance sheet
for $9.99-million. In reality, the credits had no value,
"and certainly not the grossly overstated value" the
company reported, the SEC says.
The complaint also cites Mr. Bordynuik for using an
auditor who was in jail when the
company's year-end arrived. On Nov. 28, 2009,
just months before the year-end financials
were due, the auditor (a principal of Florida firm
Gately & Associates) was arrested for violation of
probation, drinking and driving, and possession of
marijuana. According to the SEC, when Mr.
Bordynuik learned of the arrest he not only insisted
on continuing to use the auditor, he also agreed to
pay for the auditor's criminal lawyer and for an
alcohol treatment program. The SEC says this
dissolved any notion of independence between the
auditor and Mr. Bordynuik.
While JBI claimed that another auditor at Gately
worked on its 2009 annual financials,
there is no evidence that anyone at Gately actually did a proper audit,
the complaint states. Mr. Bordynuik did not consult with
anybody at Gately about the media credit and no one
at JBI was able to contact the auditor for a significant
period of time before the company's year-end filing.
Despite this, an employee at Gately applied the firm's
electronic signature to JBI's Form 10-K,
falsely representing that there had been an
audit, the SEC claims. (The Public
Company Accounting Oversight Board has since
barred the firm from performing audits, citing
matters unrelated to JBI.)
In addition to the allegations against Mr. Bordynuik,
the SEC claims that the company's chief financial
officer, Mr. Baldwin, did little to question the value of
the credits. After taking over as CFO on Jan. 1, 2010,
he saw that they were the largest single asset on the
company's balance sheet. Despite that, he did
nothing to learn about their value beyond some
discussions with Mr. Bordynuik, the complaint
states.
On May 21, 2010, JBI issued a news release stating
that its previously issued financial results
should not be relied upon. It later
restated the results, writing down the value of the
media credits to nil.
The SEC is seeking disgorgement
of ill-gotten gains, appropriate civil penalties, and
officer and director bans for Mr. Bordynuik and Mr.
Baldwin."
http://www.stockwatch.com/News/Item.aspx?bid=Z-C:*SEC-1916110&symbol=*SEC&news_region=C
How big of a rug is needed to SWEEP this under?
JBI's FRAUD RECONFIRMED
"When it came to reporting the credits in JBI's third
quarter results, Mr. Bordynuik had his in-house
accountant record them at the $9.99-million value.
He told her in a Skype conversation to
"please get the pro formas as juicy as you can
so I can acquire a chemical company for less."
The overstated value carried over into the
actual Form 10-Q that the company later filed with
the SEC.
Although Mr. Bordynuik said the credits were "audit
proof," the accountant had some concerns, the SEC
says. She told him that it would be better to value
them at the $1-million that the company had paid for
them. A business consultant that JBI had hired also
expressed the same view, pointing out that one day
prior to the transaction the company had no assets
and the very next day it had nearly $10-million.
According to the complaint,
Mr. Bordynuik did not follow through on the advice
of either the consultant or his accountant,
and had the credits listed on the balance sheet
for $9.99-million. In reality, the credits had no value,
"and certainly not the grossly overstated value" the
company reported, the SEC says.
The complaint also cites Mr. Bordynuik for using an
auditor who was in jail when the
company's year-end arrived. On Nov. 28, 2009,
just months before the year-end financials
were due, the auditor (a principal of Florida firm
Gately & Associates) was arrested for violation of
probation, drinking and driving, and possession of
marijuana. According to the SEC, when Mr.
Bordynuik learned of the arrest he not only insisted
on continuing to use the auditor, he also agreed to
pay for the auditor's criminal lawyer and for an
alcohol treatment program. The SEC says this
dissolved any notion of independence between the
auditor and Mr. Bordynuik.
While JBI claimed that another auditor at Gately
worked on its 2009 annual financials,
there is no evidence that anyone at Gately actually did a proper audit,
the complaint states. Mr. Bordynuik did not consult with
anybody at Gately about the media credit and no one
at JBI was able to contact the auditor for a significant
period of time before the company's year-end filing.
Despite this, an employee at Gately applied the firm's
electronic signature to JBI's Form 10-K,
falsely representing that there had been an
audit, the SEC claims. (The Public
Company Accounting Oversight Board has since
barred the firm from performing audits, citing
matters unrelated to JBI.)
In addition to the allegations against Mr. Bordynuik,
the SEC claims that the company's chief financial
officer, Mr. Baldwin, did little to question the value of
the credits. After taking over as CFO on Jan. 1, 2010,
he saw that they were the largest single asset on the
company's balance sheet. Despite that, he did
nothing to learn about their value beyond some
discussions with Mr. Bordynuik, the complaint
states.
On May 21, 2010, JBI issued a news release stating
that its previously issued financial results
should not be relied upon. It later
restated the results, writing down the value of the
media credits to nil.
The SEC is seeking disgorgement
of ill-gotten gains, appropriate civil penalties, and
officer and director bans for Mr. Bordynuik and Mr.
Baldwin."
http://www.stockwatch.com/News/Item.aspx?bid=Z-C:*SEC-1916110&symbol=*SEC&news_region=C
