Securities Law Prof Blog

Editor: Eric C. Chaffee
Univ. of Toledo College of Law

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Tuesday, November 3, 2009

Madoff's Accountant Pleads Guilty and Settles SEC Charges

Bernard Madoff's accountant, David Friehling, pleaded guilty to nine criminal counts today in federal district court in Manhattan, which carry a maximum sentence of 114 years.  NYTimes, Madoff’s Accountant Pleads Guilty in Scheme.

In addition, the SEC announced that Friehling and the SEC agreed to a proposed partial settlement of SEC charges.  On November 3, 2009, the SEC submitted to the Honorable Judge Louis L. Stanton, a federal judge in the Southern District of New York, the consents of David G. Friehling and Friehling & Horowitz, CPA'S, P.C. ("F&H") to a proposed partial judgment imposing permanent injunctions against them. Friehling and F&H consented to the partial judgment without admitting or denying the allegations of the SEC's complaint, filed on March 19, 2009. If the partial judgment is entered by the Court, the permanent injunction will restrain Friehling and F&H from violating certain antifraud provisions of the federal securities laws.

The proposed partial judgment would leave the issues of the amount of disgorgement, prejudgment interest and civil penalty to be imposed against Friehling and F&H to be decided at a later time. For purposes of determining Friehling's and F&H's obligations to pay disgorgement, prejudgment interest and/or a civil penalty, the proposed partial judgment precludes Friehling and F&H from arguing that they did not violate the federal securities laws as alleged in the Complaint.

http://lawprofessors.typepad.com/securities/2009/11/madoffs-accountant-pleads-guilty-and-settles-sec-charges.html

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