Defendant Name: Allion Healthcare, Inc.

Defendant Type: Public Company
SIC Code: 8099
CUSIP: 01961510

Initial Case Details

Legal Case Name In the Matter of Allion Healthcare, Inc. and James G. Spencer
First Document Date 18-Mar-2009
Initial Filing Format Administrative Action
File Number 3-13411
Allegation Type Issuer Reporting and Disclosure
AAER 2951

Violations Alleged

Exchange Act
• Rule 12b-20
• Sec 13(a)
• Rule 13a-13
• Sec 13(b)(2)(A)
• Sec 13(b)(2)(B)
Additionally, James G. Spencer is alleged to have caused Allion Healthcare, Inc.'s violation of Rule 12b-20 of the Exchange Act.
James G. Spencer is alleged to have caused Allion Healthcare, Inc.'s violation of Sec 13(a) of the Exchange Act.
James G. Spencer is alleged to have caused Allion Healthcare, Inc.'s violation of Rule 13a-13 of the Exchange Act.
James G. Spencer is alleged to have caused Allion Healthcare, Inc.'s violation of Sec 13(b)(2)(A) of the Exchange Act.
James G. Spencer is alleged to have caused Allion Healthcare, Inc.'s violation of Sec 13(b)(2)(B) of the Exchange Act.

Resolutions

First Resolution Date 18-Mar-2009

Related Documents:

34-59594 18-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 18, 2009, the SEC instituted settled cease-and-desist proceedings against Allion Healthcare, Inc. and James G. Spencer. The SEC stated: "This matter concerns Allion’s failure to properly record and report two significant warrant grants made during the second quarter of 2005. Because Allion failed to recognize interest expense for the warrants in conformity with Generally Accepted Accounting Principles (“GAAP”), the company materially overstated its net income and understated its loss per share when reporting results for the second quarter of 2005 and the nine months ended September 30, 2005. Allion restated its results in March 2006 after the company’s independent auditor inquired about the errors."

Other Defendants in Action:

James G. Spencer