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Business Crimes Hotline

BY ALM Staff
September 27, 2006

CALIFORNIA

Software Executive Guilty of Obstructing SEC Investigation

The defendant, the former owner of one California software company as well as a former employee of a second, pleaded guilty to obstructing an SEC investigation into transactions between the companies, according to the DOJ. The defendant reportedly admitted that on two occasions he falsely testified before the SEC when he asserted that he did know about 'finder's fees' paid from one company to the other and also when he questioned the authenticity of his own signature on certain documents. According to prosecutors, the finder's fees were actually payments made in exchange for the defendant's signatures on bogus documents. The defendant also admitted that he knew that some of the contracts involved in the scheme were backdated to make it appear that the deals had been concluded in prior fiscal quarters. (United States v. Whitt, No. 04-2605-11, S.D. Ca.)

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