Defendant Name: Terex Corporation 

Defendant Type: Public Company
SIC Code: 3531
CUSIP: 88077910

Initial Case Details

Legal Case Name SEC v. Terex Corporation
First Document Date 12-Aug-2009
Initial Filing Format Civil Proceeding
Case Number 09-CV-01281
Allegation Type Issuer Reporting and Disclosure
Federal District Court Connecticut, District of Connecticut

Violations Alleged

Exchange Act
Sec 10(b) + Rule 10b-5
Rule 12b-20
Sec 13(a)
Rule 13a-1
Rule 13a-13
Sec 13(b)(2)(A)
Sec 13(b)(2)(B)
Securities Act
Sec 17(a)(1)
Sec 17(a)(2)
Sec 17(a)(3)
Sec 17(a) (Not specified)

Related Violations Alleged

Terex Corporation  is alleged to have aided and abetted Any Person's violation of Sec 10(b) + Rule 10b-5 of the Exchange Act.
Terex Corporation  is alleged to have aided and abetted United Rentals, Inc.'s violation of Sec 10(b) + Rule 10b-5 of the Exchange Act (willfully/knowingly).
Terex Corporation  is alleged to have aided and abetted an unidentified individual or entity's violation of Sec 10(b) + Rule 10b-5 of the Exchange Act.
Terex Corporation  is alleged to have aided and abetted Any Person's violation of Rule 12b-20 of the Exchange Act.
Terex Corporation  is alleged to have aided and abetted an unidentified individual or entity's violation of Rule 12b-20 of the Exchange Act.
Terex Corporation  is alleged to have aided and abetted Any Person's violation of Sec 13(a) of the Exchange Act.
Terex Corporation  is alleged to have aided and abetted United Rentals, Inc.'s violation of Sec 13(a) of the Exchange Act (willfully/knowingly).
Terex Corporation  is alleged to have aided and abetted an unidentified individual or entity's violation of Sec 13(a) of the Exchange Act.
Terex Corporation  is alleged to have aided and abetted Any Person's violation of Rule 13a-1 of the Exchange Act.
Terex Corporation  is alleged to have aided and abetted United Rentals, Inc.'s violation of Rule 13a-1 of the Exchange Act (willfully/knowingly).
Terex Corporation  is alleged to have aided and abetted an unidentified individual or entity's violation of Rule 13a-1 of the Exchange Act.
Terex Corporation  is alleged to have aided and abetted Any Person's violation of Rule 13a-13 of the Exchange Act.
Terex Corporation  is alleged to have aided and abetted an unidentified individual or entity's violation of Rule 13a-13 of the Exchange Act.
Terex Corporation  is alleged to have aided and abetted Any Person's violation of Sec 13(b)(2)(A) of the Exchange Act.
Terex Corporation  is alleged to have aided and abetted United Rentals, Inc.'s violation of Sec 13(b)(2)(A) of the Exchange Act (willfully/knowingly).
Terex Corporation  is alleged to have aided and abetted an unidentified individual or entity's violation of Sec 13(b)(2)(A) of the Exchange Act.
Terex Corporation  is alleged to have aided and abetted an unidentified individual or entity's violation of Sec 13(b)(2)(B) of the Exchange Act.

Resolutions

First Resolution Date 12-Aug-2009

Related Documents:

LR-21177 12-Aug-2009 Litigation Release
SEC Charges Terex Corporation With Accounting Fraud
On August 12, 2009, the SEC announced accounting fraud charges against Terex Corporation for making material misstatements in its own financial reports to investors, as well as aiding and abetting a fraudulent accounting scheme at United Rentals, Inc. (URI), another Connecticut-based public company. Terex Corporation agreed to settle the Commission's action.
comp21177 12-Aug-2009 Complaint
Complaint
On August 12, 2009, the Commission filed a claim against Terex Corporation ("Terex"). The Commission alleged that Terex aided and abetted "a fraudulent accounting scheme, involving two sale-leaseback transactions, carried out between 2000 and 2002 by United Rentals, Inc. ("URl") and two of its senior officers. In addition, Terex fraudulently misstated its own financial statements in connection with those transactions." In addition, the Commission alleged that Terex materially misstated its financial condition and operating results in filings with the Commission.
2009-183 12-Aug-2009 Press Release--Civil Action
SEC Charges Terex Corporation With Accounting Fraud
On August 12, 2009, the SEC announced accounting fraud charges against Terex Corporation "for making material misstatements in its own financial reports to investors, as well as aiding and abetting a fraudulent accounting scheme at United Rentals, Inc. (URI), another Connecticut-based public company. "Terex Corporation agreed to settle the Commission's action.
court_doc5_09-cv-01281 20-Aug-2009 Court Docket Document
Final Judgment as to Defendant Terex Corporation
The Court stated: "The Securities and Exchange Commission having filed a Complaint and Defendant, Terex Corporation, having entered a general appearance; consented to the Court's jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment"

Related Actions:

SEC v. United Rentals, Inc.
SEC v. Michael J. Nolan
SEC v. John N. Milne
SEC v. Joseph F. Apuzzo
In the Matter of Michael J. Nolan