SEC, Ernst & Young and Bally Total Fitness.

Article A below gives the background to the case.

Answer the questions based on the appropriate documents.

 

Questions (B)

1. What is the SEC charge against E&Y ?

2. What did E&Y agree to send to Kenneth R. Lench?

 

Questions (D)

1. What was the problem with Bally’s “Reactivation” Revenue Recognition policy?

2. Who is Randy G. Fletchall, CPA?

3. What is a “preferability letter"?

4. Why was heightened scrutiny warranted in connection with Bally’s accounting methods?

5. Which is better - accrual accounting or cash basis accounting?

6. Did Fletchall exercise due care according to SEC - why not?

7. What did the SEC do to Fletchall ?

 

Questions (E)

1. Who is Mark V. Sever ?

2. What was he charged of by the SEC?

3. What did the SEC do to Mark V. Sever?

 

Questions (J and K)

1. Who are John W. Dwyer and Theodore P. Noncek ? What were their previous positions and where did they work?

2. What did they agree to with the SEC?

3. By how much did Bally overstate its year-end 2001 net worth by?

 


A. SEC Charges Ernst & Young and Six Partners for Roles in Accounting Violations at Bally Total Fitness http://www.sec.gov/news/press/2009/2009-271.htm


B. Order Against Ernst & Young LLP http://www.sec.gov/litigation/admin/2009/33-9096.pdf

C. Litigation Release No. 21342 http://www.sec.gov/litigation/litreleases/2009/lr21342.htm


D.  Securities and Exchange Commission deems it appropriate and in the public interest that that public administrative proceedings be, and hereby are, instituted against Randy G. Fletchall, CPA  Order Against Randy G. Fletchall, CPA http://www.sec.gov/litigation/admin/2009/34-61191.pdf

E. Order Against Mark V. Sever, CPA  •  http://www.sec.gov/litigation/admin/2009/33-9094.pdf

F. Order Against Kenneth W. Peterson, CPA  • http://www.sec.gov/litigation/admin/2009/33-9093.pdf


G. Order Against Thomas D. Vogelsinger, CPA  •  http://www.sec.gov/litigation/admin/2009/34-61195.pdf

H. Order Against William J. Carpenter, CPA  •  http://www.sec.gov/litigation/admin/2009/33-9092.pdf

I. Order Against John M. Kiss, CPA  •  http://www.sec.gov/litigation/admin/2009/33-9095.pdf


Bally Total Fitness

J. SEC Complaint v. John W. Dwyer: S.E.C. settled charges against Bally’s former chief financial officer, John W. Dwyer,http://www.sec.gov/litigation/complaints/2009/comp21342-dwyer.pdf

K. SEC Complaint v. Theodore P. Noncek:  Former controller, Theodore P. Noncek. Both men had been Ernst auditors. http://www.sec.gov/litigation/complaints/2009/comp21342-noncek.pdf


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