Violations Alleged
•
Sec 17(a) (Not specified)
Additionally,
Paul W. Boyd is alleged to have aided and abetted Miller Energy Resources, Inc.'s violation of Sec 10(b) + Rule 10b-5 of the Exchange Act (willfully/knowingly).
Paul W. Boyd is alleged to have caused Miller Energy Resources, Inc.'s violation of Sec 10(b) + Rule 10b-5 of the Exchange Act.
David M. Hall is alleged to have caused Miller Energy Resources, Inc.'s violation of Sec 10(b) + Rule 10b-5 of the Exchange Act.
Paul W. Boyd is alleged to have aided and abetted Miller Energy Resources, Inc.'s violation of Rule 12b-20 of the Exchange Act (willfully/knowingly).
Paul W. Boyd is alleged to have caused Miller Energy Resources, Inc.'s violation of Rule 12b-20 of the Exchange Act.
David M. Hall is alleged to have caused Miller Energy Resources, Inc.'s violation of Rule 12b-20 of the Exchange Act.
Paul W. Boyd is alleged to have aided and abetted Miller Energy Resources, Inc.'s violation of Sec 13(a) of the Exchange Act (willfully/knowingly).
Paul W. Boyd is alleged to have caused Miller Energy Resources, Inc.'s violation of Sec 13(a) of the Exchange Act.
David M. Hall is alleged to have caused Miller Energy Resources, Inc.'s violation of Sec 13(a) of the Exchange Act.
Paul W. Boyd is alleged to have aided and abetted Miller Energy Resources, Inc.'s violation of Rule 13a-1 of the Exchange Act (willfully/knowingly).
Paul W. Boyd is alleged to have caused Miller Energy Resources, Inc.'s violation of Rule 13a-1 of the Exchange Act.
David M. Hall is alleged to have caused Miller Energy Resources, Inc.'s violation of Rule 13a-1 of the Exchange Act.
Paul W. Boyd is alleged to have aided and abetted Miller Energy Resources, Inc.'s violation of Rule 13a-11 of the Exchange Act (willfully/knowingly).
Paul W. Boyd is alleged to have caused Miller Energy Resources, Inc.'s violation of Rule 13a-11 of the Exchange Act.
David M. Hall is alleged to have caused Miller Energy Resources, Inc.'s violation of Rule 13a-11 of the Exchange Act.
Paul W. Boyd is alleged to have aided and abetted Miller Energy Resources, Inc.'s violation of Rule 13a-13 of the Exchange Act (willfully/knowingly).
Paul W. Boyd is alleged to have caused Miller Energy Resources, Inc.'s violation of Rule 13a-13 of the Exchange Act.
David M. Hall is alleged to have caused Miller Energy Resources, Inc.'s violation of Rule 13a-13 of the Exchange Act.
Paul W. Boyd is alleged to have aided and abetted Miller Energy Resources, Inc.'s violation of Sec 13(b)(2)(A) of the Exchange Act (willfully/knowingly).
Paul W. Boyd is alleged to have caused Miller Energy Resources, Inc.'s violation of Sec 13(b)(2)(A) of the Exchange Act.
David M. Hall is alleged to have caused Miller Energy Resources, Inc.'s violation of Sec 13(b)(2)(A) of the Exchange Act.
Paul W. Boyd is alleged to have aided and abetted Miller Energy Resources, Inc.'s violation of Sec 13(b)(2)(B) of the Exchange Act (willfully/knowingly).
Paul W. Boyd is alleged to have caused Miller Energy Resources, Inc.'s violation of Sec 13(b)(2)(B) of the Exchange Act.
David M. Hall is alleged to have caused Miller Energy Resources, Inc.'s violation of Sec 13(b)(2)(B) of the Exchange Act.
Paul W. Boyd is alleged to have aided and abetted Miller Energy Resources, Inc.'s violation of Sec 17(a) (Not specified) of the Securities Act (willfully/knowingly).
Paul W. Boyd is alleged to have caused Miller Energy Resources, Inc.'s violation of Sec 17(a) (Not specified) of the Securities Act.
David M. Hall is alleged to have caused Miller Energy Resources, Inc.'s violation of Sec 17(a) (Not specified) of the Securities Act.
Related Documents:
33-9881
06-Aug-2015
Administrative Proceeding
Order Instituting Public Administrative and Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933, Sections 4C and 21C of the Securities Exchange Act of 1934, and Rule 102(e) of the Commission's Rules of Practice
On August 6, 2014, the SEC initiated cease-and-desist proceedings against Miller Energy Resources, Inc., Paul W. Boyd, and David M. Hall, as well as public administrative proceedings against Boyd and Carlton W. Vogt, III. According to the SEC, the case "involves financial accounting and reporting fraud, as well as audit failures, related to the valuation of certain oil and gas assets acquired by Miller Energy." The SEC alleges that as a result of its fraudulent valuation, Miller Energy filed with the Commission financial reports that materially misstated the value of its assets.
2015-161
06-Aug-2015
Press Release--Administrative Proceeding
Miller Energy Resources, Former CFO, Current COO Charged With Accounting Fraud
On August 6, 2015, the SEC announced that it instituted administrative proceedings against Miller Energy Resources, Inc., Paul W. Boyd (its former chief financial officer), and David M. Hall (its current chief operating officer). The SEC alleged that Miller Energy, Boyd, and Hall "inflated values of oil and gas properties, resulting in fraudulent financial reports for the Tennessee-based company." The SEC also charged Carlton W. Vogt III, the audit team leader at Sherb & Co LLP, Miller Energy's former independent auditor.
Order Scheduling Hearing and Designating Presiding Judge
On August 7, 2015, Chief Administrative Law Judge Brenda P. Murray issued this order scheduling a hearing for September 3, 2015 and assigning Administrative Law Judge James E. Grimes to preside over the proceedings.
Order Postponing Hearing and Scheduling Prehearing Conference
On August 14, 2015, ALJ James E. Grimes entered this order postponing a previously scheduled September 3, 2015 hearing. ALJ Grimes also scheduled a prehearing conference on August 31, 2015.
Order Postponing Prehearing Conference
On August 26, 2015, Administrative Law Judge James E. Grimes issued an order postponing a prehearing conference originally scheduled for August 31, 2015 until September 14, 2015.
Order Granting Request to Extend Answer Deadline
On September 8, 2015, Administrative Law Judge James E. Grimes granted defendant Miller Energy Resources, Inc.'s unopposed request to extend its answer deadline.
Order Granting Request to Extend Answer Deadline
On September 23, 2015, an SEC administrative law judge issued an Order Granting Request to Extend Answer Deadline. Miller Energy Resources, Inc. made an unopposed request for an extension to file an Answer to the SEC's August 6, 2015 Order Instituting Administrative and Cease-and-Desist Proceedings. The administrative law judge gave Miller Energy Resources, Inc. until October 6, 2015 to file an Answer.
Order Setting Hearing Location
On October 2, 2015, administrative law judge James E. Grimes ordered that the administrative proceeding hearing will take place in Knoxville, Tennessee.
Order Granting Request to Extend Answer Deadline
On October 8, 2015, administrative law judge James E. Grimes issued an order granting an unopposed request from Miller Energy to extend its deadline to file an Answer to October 20, 2015. The extension was the third extension request from Miller Energy that administrative law judge James E. Grimes granted to Miller Energy.
Order Granting Request to Extend Answer Deadline
On October 20, 2015, Administrative Law Judge James E. Grimes granted three unopposed requests from Miller Energy Resources, Inc. to extend its deadline to file an Answer to the Order Instituting Proceedings.
Order Rescheduling Hearing
On October 29, 2015, Administrative Law Judge James E. Grimes rescheduled the hearing in the matter for February 1, 2016.
Order Granting Request to Extend Answer Deadline
On November 4, 2015, Administrative Law Judge James E. Grimes granted defendant Miller Energy Resources, Inc.'s unopposed request to extend its answer deadline.
Order Scheduling Prehearing Conference
On November 10, 2015, Administrative Law Judge, James Grimes, ordered that "a telephonic prehearing conference be held on November 19, 2015, at 1:30 p.m. EST."
Stay Order As to Miller Energy Resources, Inc.
On November 19, 2015, Administrative Law Judge James E. Grimes granted the joint motion of Miller Energy Resources, Inc. and the Division of Enforcement to stay the proceeding based on an agreement in principle to "a settlement that will resolve the proceeding as to Miller Energy on all major terms."
Order
On November 20, 2015, Administrative Law Judge, James E. Grimes, ordered that "by December 2, 2015, the Division and/or the Office of the General Counsel shall submit a privilege log and declaration, or similar evidence, sufficient to invoke the privileges on which they seek to rely."
Order Setting Hearing Location
On December 16, 2015, Administrative Law Judge James E. Grimes ordered that the hearing in this matter shall be held in an alternate courtroom on the original date, February 1, 2016.
Stay Order as to Carlton W. Vogt, III
On January 2, 2016, Administrative Law Judge James E. Grimes granted the joint motion to stay the proceeding as to Carlton W. Vogt, III, CPA, based upon his and the Division of Enforcement's agreement in principle to a settlement.
Order Staying Proceeding as to David M. Hall and Canceling Hearing
On January 11, 2016, the SEC granted the joint motion to stay the proceeding as to respondent David M. Hall based upon his and the Division of Enforcement's agreement in principle to a settlement that will resolve the proceeding as to Hall. Accordingly, the proceeding was stayed as to all four respondents, and the hearing scheduled for February 1, 2016 was cancelled.
33-10002
12-Jan-2016
Administrative Proceeding
Order Making Findings and Imposing a Cease-and-Desist Order and Penalties Pursuant to Section 8A of the Securities Act of 1933 and Section 21C of the Securities Exchange Act of 1934 as to Miller Energy Resources, Inc.
On January 12, 2016, the SEC instituted settled administrative proceedings against Miller Energy Resources, Inc. for financial accounting and reporting fraud, as well as audit failures, related to the valuation of certain oil and gas assets acquired by the company. According to the Commission, the company purchased assets for $2.25 million during a competitive bid in a bankruptcy proceeding. It then reported those assets at an overstated $480 million, thereby failing to account for the acquisition in accordance with GAAP.
34-95642
31-Aug-2022
Administrative Proceeding
Order Appointing Tax Administrator
The Commission ordered that: "Heffler, Radetich &
Saitta, LLP is appointed as the Tax Administrator for the QSF in the above-referenced proceeding."
34-95941
29-Sep-2022
Administrative Proceeding
Order Appointing Fund Administrator and Setting Administrator's Bond Amount
The Commission ordered that: "GBP is appointed as the fund administrator . . . and shall obtain a bond in accordance with Rule 1105(c) of the Commission's Rules,10 in the amount of $7,241,124.92."
34-99469
05-Feb-2024
Administrative Proceeding
Notice of Proposed Plan of Distribution and Opportunity for Comment
The Commission stated: "Notice is hereby given . . . that the Division of Enforcement has submitted
to the Commission a proposed plan of distribution (the “Proposed Plan”) for the distribution of
monies paid, along with any additional funds collected, in the above-captioned matters."
Proposed Plan of Distribution
The Commission stated: "The Division of Enforcement submits this Proposed Plan of Distribution."
34-99904
03-Apr-2024
Administrative Proceeding
Corrected Order Approving Plan of Distribution
The Commission ordered that: "the Proposed Plan is approved, and the approved Plan of Distribution shall be posted simultaneously with this order on the Commission’s website at www.sec.gov."
Plan of Distribution
The Commission stated: "The Division of Enforcement has submitted this Plan of Distribution (the “Plan”) to the United States Securities and Exchange Commission (the “Commission”) . . . This Plan provides for the distribution of a Fair Fund (the “Fair Fund”)1 established for the disgorgement, prejudgment interest, and civil penalties collected in the KPMG AP2 from KPMG LLP (“KPMG”) and John Riordan, CPA (“Riordan”) (collectively, the “KPMG Respondents”) and the civil penalties collected in the Miller Energy AP, including any future funds collected in the Miller Energy AP, from Miller Energy Resources, Inc. (“Miller Energy”), Paul W. Boyd, CPA (“Boyd”), David M. Hall (“Hall”), and Carlton W. Vogt, III, CPA (“Vogt”) (collectively, the “Miller Energy Respondents”)."
