Defendant Name: NIC Inc.

Defendant Type: Public Company
SIC Code: 7373
CUSIP: 62914B10

Initial Case Details

Legal Case Name SEC v. NIC Inc., Jeffery S. Fraser, Harry H. Herington, and Eric J. Bur
First Document Date 12-Jan-2011
Initial Filing Format Civil Proceeding
Case Number 11-cv-02016
Allegation Type Issuer Reporting and Disclosure
Federal District Court Kansas, District of Kansas

Violations Alleged

Exchange Act
Rule 12b-20
Sec 13(a)
Rule 13a-1
Rule 13a-11
Sec 13(b)(2)(A)
Sec 13(b)(2)(B)
Sec 14(a)
Rule 14a-3
Rule 14a-9
Securities Act
Sec 17(a)(2)
Sec 17(a)(3)
Additionally, Jeffery S. Fraser is alleged to have aided and abetted NIC Inc.'s violation of Rule 12b-20 of the Exchange Act.
Eric J. Bur is alleged to have aided and abetted NIC Inc.'s violation of Rule 12b-20 of the Exchange Act.
Harry H. Herington is alleged to have aided and abetted NIC Inc.'s violation of Rule 12b-20 of the Exchange Act.
Jeffery S. Fraser is alleged to have aided and abetted NIC Inc.'s violation of Sec 13(a) of the Exchange Act.
Eric J. Bur is alleged to have aided and abetted NIC Inc.'s violation of Sec 13(a) of the Exchange Act.
Harry H. Herington is alleged to have aided and abetted NIC Inc.'s violation of Sec 13(a) of the Exchange Act.
Jeffery S. Fraser is alleged to have aided and abetted NIC Inc.'s violation of Rule 13a-1 of the Exchange Act.
Eric J. Bur is alleged to have aided and abetted NIC Inc.'s violation of Rule 13a-1 of the Exchange Act.
Harry H. Herington is alleged to have aided and abetted NIC Inc.'s violation of Rule 13a-1 of the Exchange Act.
Jeffery S. Fraser is alleged to have aided and abetted NIC Inc.'s violation of Sec 13(b)(2)(A) of the Exchange Act.
Eric J. Bur is alleged to have aided and abetted NIC Inc.'s violation of Sec 13(b)(2)(A) of the Exchange Act.
Jeffery S. Fraser is alleged to have aided and abetted NIC Inc.'s violation of Sec 13(b)(2)(B) of the Exchange Act.
Eric J. Bur is alleged to have aided and abetted NIC Inc.'s violation of Sec 13(b)(2)(B) of the Exchange Act.
Eric J. Bur is alleged to have aided and abetted NIC Inc.'s violation of Sec 14(a) of the Exchange Act.
Harry H. Herington is alleged to have aided and abetted NIC Inc.'s violation of Sec 14(a) of the Exchange Act.
Eric J. Bur is alleged to have aided and abetted NIC Inc.'s violation of Rule 14a-3 of the Exchange Act.
Harry H. Herington is alleged to have aided and abetted NIC Inc.'s violation of Rule 14a-3 of the Exchange Act.
Eric J. Bur is alleged to have aided and abetted NIC Inc.'s violation of Rule 14a-9 of the Exchange Act.
Harry H. Herington is alleged to have aided and abetted NIC Inc.'s violation of Rule 14a-9 of the Exchange Act.

Resolutions

First Resolution Date 12-Jan-2011

Related Documents:

comp21809-nic 12-Jan-2011 Complaint
Complaint
On January 12, 2011, the SEC filed a complaint against NIC Inc. and others. According to the complaint: "Defendant Jeffery S. Fraser, former Chief Executive Officer ('CEO') and Chairman of the Board of Directors of NIC Inc. ('NIC'), concealed from investors that he received more than $1.18 million in perquisites from NIC from at least 2002 to 2007. Defendants NIC and Fraser failed to disclose Fraser's perquisites and falsely represented in proxy statements, annual reports, and registration statements that until 2005, Fraser worked virtually for free. In NIC's 2006 and 2007 public filings, NIC and Fraser continued to materially understate Fraser's perquisites."
LR-21809 12-Jan-2011 Litigation Release
SEC Charges NIC, Inc. and Four Current or Former Executives for Failing to Disclose CEO Perquisites
On January 12, 2011, the SEC announced that it filed a settled complaint against NIC Inc., its former CEO Jeffery Fraser, current CEO Harry Herington, former CFO Eric Bur, and current CFO Stephen Kovzan "with failing to disclose more than $1.18 million in perquisites to Fraser from at least 2002 to 2007." According to the SEC: "NIC, Fraser, Herington and Bur agreed to settle the Commission's charges without admitting or denying the allegations against them. The Commission's litigation continues against Kovzan.... NIC agreed to settle the Commission's charges by paying a $500,000 civil penalty and hiring an independent consultant to recommend, if appropriate, improvements to policies, procedures, controls, and training relating to payment of expenses, handling of whistleblower complaints, and related party transactions. NIC consented to a final judgment enjoining it from violating Sections 17(a)(2) and (3) of the Securities Act of 1933 ('Securities Act'); Sections 13(a), 13(b)(2)(A), 13(b)(2)(B), and 14(a) of the Securities Exchange Act of 1934 ('Exchange Act'), and Exchange Act Rules 12b-20, 13a-1, 13a-11, 14a-3, and 14a-9."
2011-8 12-Jan-2011 Press Release--Civil Action
SEC Charges Government Website Provider and Four Executives With Failure to Disclose CEO Perks
On January 12, 2011, the SEC announced that it charged NIC Inc. ("NIC"), a Kansas-based company that manages government websites, and four current or former company executives--former CEO Jeffrey Fraser ("Fraser"), current CEO Harry Herington ("Herrington"), former CFO Eric Bur ("Bur"), and current CFO Stephen Kovzan ("Kovzan")--with failing to disclose to investors more than $1.18 million in perks paid to Fraser over a six-year period. The SEC filed two complaints filed in federal court in the District of Kansas: one against NIC, Fraser, Herrington and Burn and another against Kovzan. NIC, Fraser, Herrington and Burn have agreed to settle the SEC's charges, while the litigation against Kovzan continues. According to the SEC's complaints, NIC failed to correct Fraser's expense reporting problems even after the finance department employee warned in 2006 of the risk of possible income tax fraud charges, a whistleblower complained to NIC, and the company learned of the SEC's investigation of this matter in mid-2007. The majority of Fraser's perks were not repaid or disclosed, and NIC continued to make misleading public filings. Moreover, NIC failed to disclose to investors in public filings that an internal review concluded Fraser had intentionally misclassified his expenses. Without admitting or denying the allegations, NIC agreed to settle the SEC's charges by paying a $500,000 penalty and hiring an independent consultant to recommend, if appropriate, improvements to policies, procedures, controls, and training relating to payment of expenses, handling of whistleblower complaints, and related party transactions. NIC also consented to a final judgment enjoining it from future violations of the federal securities laws.
court_doc7_11-cv-02016 18-Jan-2011 Court Docket Document
Final Judgment
On January 18, 2011, Federal District Judge Eric F. Melgren entered final judgment against NIC Inc. pursuant to NIC Inc.'s consent.

Other Defendants in Action:

Related Actions:

SEC v. Stephen M. Kovzan
In the Matter of Eric J. Bur, CPA