Defendant Name: Krispy Kreme Doughnuts, Inc.

Defendant Type: Public Company
SIC Code: 5461
CUSIP: 50101410

Initial Case Details

Legal Case Name In the Matter of Krispy Kreme Doughnuts, Inc.
First Document Date 04-Mar-2009
Initial Filing Format Administrative Action
File Number 3-13388
Allegation Type Issuer Reporting and Disclosure
AAER 2941

Violations Alleged

Exchange Act
Rule 12b-20
Sec 13(a)
Rule 13a-1
Rule 13a-11
Rule 13a-13
Sec 13(b)(2)(A)
Sec 13(b)(2)(B)


First Resolution Date 04-Mar-2009

Related Documents:

34-59499 04-Mar-2009 Administrative Proceeding
Order Instituting Cease-and-Desist Proceedings Pursuant to Section 21C of the Securities Exchange Act of 1934, Making Findings, and Imposing a Cease-and-Desist Order
On march 4, 2009, the SEC instituted settled cease-and-desist proceedings against Krispy Kreme Doughnuts, Inc., stating: "Between approximately February 2003 and May 2004, Krispy Kreme fraudulently inflated or otherwise misrepresented its earnings for the fourth quarter of its 2003 fiscal year, which ended on February 2, 2003, and each quarter of its 2004 fiscal year, and its full year results for fiscal 2004, which ended on February 1, 2004. By this misconduct, the Respondent avoided lowering its earnings guidance and improperly reported for each of those quarters what had become a prime benchmark of its historical performance, i.e., reporting quarterly earnings per share of common stock (“EPS”) that exceeded its previously announced EPS guidance by one cent."

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In the Matter of Sherry J. Polonsky