https://www.sec.gov/litigation/apdocuments/3-17990-event-11.pdf page 2. Asher Enterprises, Inc. then recommended RBSM, LLP as the new auditorpage 3. When RBSM did notfinish the audits, DBMM submitted their answer and counterclaims against AsherEnterprises, Inc., which included counterclaims that Asher Enterprises, Inc. had-:unauthorized communications with the DBM M's certifying accountant
e-Smart Technologies,Release No. 50514 2004 WL 2309336 (Oct. 12, 2004), in which the Commission declined torevoke the company’s securities. In Phlo, “the issuer – unlike Absolute – pointed to specificinternal accounting failures that led to its violations.” Further, “the Company made extensive andsuccessful efforts to remedy the internal accounting failures that led to its violations, becamecurrent in its reporting obligations while the disciplinary proceeding was pending, and expendedsignificant resources in so doing.” Id. The circumstances of e-Smart, the Commission in AbsolutePotential continued, were also distinguishable: there, management had retained new counsel,explained the filing delinquencies and was able to bring and keep the Company current.