Defendant Name: Biovail Corporation

Defendant Type: Public Company
SIC Code: 2834
CUSIP: 07173410

Initial Case Details

Legal Case Name SEC v. Biovail Corporation, Eugene N. Melnyk, Brian Crombie, John Miszuk, and Kenneth G. Howling
First Document Date 24-Mar-2008
Initial Filing Format Civil Proceeding
Case Number 08-cv-02979
Allegation Type Issuer Reporting and Disclosure
Federal District Court New York, Southern District of New York

Violations Alleged

Exchange Act
Sec 10(b) + Rule 10b-5
Rule 12b-20
Sec 13(a)
Rule 13a-1
Sec 13(b)(2)(A)
Sec 13(b)(2)(B)
Securities Act
Sec 17(a) (Not specified)
Other
Rule 13a-16 Exchange Act; Rule 302(b) Regulation S-T
Additionally, Eugene N. Melnyk is alleged to have aided and abetted Biovail Corporation's violation of Sec 10(b) + Rule 10b-5 of the Exchange Act.
Brian Crombie is alleged to have aided and abetted Biovail Corporation's violation of Sec 10(b) + Rule 10b-5 of the Exchange Act.
John Miszuk is alleged to have aided and abetted Biovail Corporation's violation of Sec 10(b) + Rule 10b-5 of the Exchange Act.
Kenneth G. Howling is alleged to have aided and abetted Biovail Corporation's violation of Sec 10(b) + Rule 10b-5 of the Exchange Act.
Brian Crombie is alleged to have aided and abetted Biovail Corporation's violation of Rule 12b-20 of the Exchange Act.
John Miszuk is alleged to have aided and abetted Biovail Corporation's violation of Rule 12b-20 of the Exchange Act.
Brian Crombie is alleged to have aided and abetted Biovail Corporation's violation of Sec 13(a) of the Exchange Act.
John Miszuk is alleged to have aided and abetted Biovail Corporation's violation of Sec 13(a) of the Exchange Act.
Brian Crombie is alleged to have aided and abetted Biovail Corporation's violation of Rule 13a-1 of the Exchange Act.
John Miszuk is alleged to have aided and abetted Biovail Corporation's violation of Rule 13a-1 of the Exchange Act.
Brian Crombie is alleged to have aided and abetted Biovail Corporation's violation of Sec 13(b)(2)(A) of the Exchange Act.
John Miszuk is alleged to have aided and abetted Biovail Corporation's violation of Sec 13(b)(2)(A) of the Exchange Act.
Brian Crombie is alleged to have aided and abetted Biovail Corporation's violation of Sec 13(b)(2)(B) of the Exchange Act.
John Miszuk is alleged to have aided and abetted Biovail Corporation's violation of Sec 13(b)(2)(B) of the Exchange Act.
Brian Crombie is alleged to have aided and abetted Biovail Corporation's violation of Rule 13a-16 Exchange Act.
John Miszuk is alleged to have aided and abetted Biovail Corporation's violation of Rule 13a-16 Exchange Act.

Resolutions

First Resolution Date 24-Mar-2008
Headline Total Penalty and Disgorgement

See Related Documents

Related Documents:

2008-50 24-Mar-2008 Press Release--Civil Action
SEC Charges Biovail Corporation and Senior Executives with Accounting Fraud
Commission stated that: "The Securities and Exchange Commission today charged Canadian pharmaceutical company Biovail Corporation and its former CEO, former CFO, and two current senior executives with engaging in a number of fraudulent accounting schemes and making a series of misstatements to analysts and investors."
comp20506 24-Mar-2008 Complaint
Complaint
On March 24, 2008 the SEC submitted a complaint against Biovail Corporation. The Commission stated: "This case involves chronic fraudulent conduct - including financial reporting fraud and other intentional public misrepresentations - by Biovail Corporation, a Canadian pharmaceutical company whose common stock is traded on the New York and Toronto stock exchanges. Obsessed with meeting quarterly and annual earnings guidance, Biovail's executives repeatedly overstated earnings and hid losses in order to deceive investors and create the appearance of achieving that goal. And, when it ultimately became impossible to continue to conceal the Company's poor performance, Biovail actively misled investors and analysts as to its cause."
LR-20506 24-Mar-2008 Litigation Release
SEC Charges Biovail Corporation and its Former CEO, CFO and Two Current Senior Executives with Securities Fraud; Biovail Settles Charges and Agrees to Pay $10 Million Civil Penalty
On March 24, 2008, the SEC stated that: "[It] charged Canadian pharmaceutical company Biovail Corporation and its former CEO, former CFO, and two current senior executives with engaging in a number of fraudulent accounting schemes and making a series of misstatements to analysts and investors."
court_doc17_08-cv-02979 01-May-2008 Court Docket Document
Final Judgment as to Defendant Biovail Corporation
On May 1, 2008, the Court issued a final judgment against defendant Biovail Corporation stating: "Defendant Biovail 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 jursidiction); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment."
court_doc38_08-cv-02979 01-Aug-2008 Complaint
Amended Complaint
LR-20880 04-Feb-2009 Litigation Release
SEC Obtains Stipulated Judgment Against Former Biovail CEO on Stock Accumulation Disclosure Charges; Eugene Melnyk Stipulates to a Judgment Imposing a $1 Million Civil Penalty
On February 4, 2009, the SEC "announced that the United States District Court has entered a stipulated judgment against Eugene Melnyk, Biovail Corporation's former chairman and chief executive officer, with respect to violations of the stock accumulation disclosure provisions of the federal securities laws alleged by the Commission in a civil enforcement action filed in March 2008. The Commission's securities fraud charges against Melnyk in that action remain pending."
LR-20903 17-Feb-2009 Litigation Release
District Court Denies Defendants' Motions to Dismiss SEC's Amended Complaint in Biovail Matter
On February 17, 2009 the SEC announced the District Court for the Southern District of New York had denied motions to dismiss filed by former officials of Biovail Corporation. The Commission stated: "Biovail previously resolved these claims against it by consenting to a judgment that, among other things, permanently enjoined it from violating the antifraud and other provisions of the federal securities laws, imposed a $10 million civil penalty, and ordered it to pay disgorgement of $1."

Other Defendants in Action:

Kenneth G. Howling
John Miszuk
Eugene N. Melnyk
Brian Crombie