Defendant Name:
        
        Monsanto Company
    
    Defendant Type:
    
        Public Company
    
    
        SIC Code:
        
            2879
        
    
    
        CUSIP:
        
            61166W10
        
    
    Initial Case Details
    
    
        
            Legal Case Name
        
        
            In the Matter of Monsanto Company, Sara M. Brunnquell, CPA, Anthony P. Hartke, CPA, and Jonathan W. Nienas
        
    
    
        First Document Date
        09-Feb-2016
    
    
        Initial Filing Format
        Administrative Action
    
    
        File Number
        3-17107
    
    
        
            Allegation Type
        
        Issuer Reporting and Disclosure
    
    
            
            
                AAER
            
            
                3741
            
        
 
    
        Violations Alleged
            
            
            
            
            
            
            
            
            
                
                    
                     Additionally,
                    Jonathan W. Nienas is alleged to have caused Monsanto Company's violation of Rule 12b-20 of the Exchange Act.
                
                
                    
                    
                    Anthony P. Hartke is alleged to have caused Monsanto Company's violation of Rule 12b-20 of the Exchange Act.
                
                
                    
                    
                    Sara M. Brunnquell is alleged to have caused Monsanto Company's violation of Rule 12b-20 of the Exchange Act.
                
                
                    
                    
                    Jonathan W. Nienas is alleged to have caused Monsanto Company's violation of Sec 13(a) of the Exchange Act.
                
                
                    
                    
                    Anthony P. Hartke is alleged to have caused Monsanto Company's violation of Sec 13(a) of the Exchange Act.
                
                
                    
                    
                    Sara M. Brunnquell is alleged to have caused Monsanto Company's violation of Sec 13(a) of the Exchange Act.
                
                
                    
                    
                    Jonathan W. Nienas is alleged to have caused Monsanto Company's violation of Rule 13a-1 of the Exchange Act.
                
                
                    
                    
                    Anthony P. Hartke is alleged to have caused Monsanto Company's violation of Rule 13a-1 of the Exchange Act.
                
                
                    
                    
                    Sara M. Brunnquell is alleged to have caused Monsanto Company's violation of Rule 13a-1 of the Exchange Act.
                
                
                    
                    
                    Jonathan W. Nienas is alleged to have caused Monsanto Company's violation of Rule 13a-11 of the Exchange Act.
                
                
                    
                    
                    Anthony P. Hartke is alleged to have caused Monsanto Company's violation of Rule 13a-11 of the Exchange Act.
                
                
                    
                    
                    Sara M. Brunnquell is alleged to have caused Monsanto Company's violation of Rule 13a-11 of the Exchange Act.
                
                
                    
                    
                    Jonathan W. Nienas is alleged to have caused Monsanto Company's violation of Rule 13a-13 of the Exchange Act.
                
                
                    
                    
                    Anthony P. Hartke is alleged to have caused Monsanto Company's violation of Rule 13a-13 of the Exchange Act.
                
                
                    
                    
                    Sara M. Brunnquell is alleged to have caused Monsanto Company's violation of Rule 13a-13 of the Exchange Act.
                
                
                    
                    
                    Jonathan W. Nienas is alleged to have caused Monsanto Company's violation of Sec 13(b)(2)(A) of the Exchange Act.
                
                
                    
                    
                    Anthony P. Hartke is alleged to have caused Monsanto Company's violation of Sec 13(b)(2)(A) of the Exchange Act.
                
                
                    
                    
                    Sara M. Brunnquell is alleged to have caused Monsanto Company's violation of Sec 13(b)(2)(A) of the Exchange Act.
                
                
                    
                    
                    Jonathan W. Nienas is alleged to have caused Monsanto Company's violation of Sec 17(a)(2) of the Securities Act.
                
                
                    
                    
                    Anthony P. Hartke is alleged to have caused Monsanto Company's violation of Sec 17(a)(2) of the Securities Act.
                
                
                    
                    
                    Sara M. Brunnquell is alleged to have caused Monsanto Company's violation of Sec 17(a)(2) of the Securities Act.
                
                
                    
                    
                    Jonathan W. Nienas is alleged to have caused Monsanto Company's violation of Sec 17(a)(3) of the Securities Act.
                
                
                    
                    
                    Anthony P. Hartke is alleged to have caused Monsanto Company's violation of Sec 17(a)(3) of the Securities Act.
                
                
                    
                    
                    Sara M. Brunnquell is alleged to have caused Monsanto Company's violation of Sec 17(a)(3) of the Securities Act.
                
     
    
        Resolutions
        
            
                First Resolution Date
            
            
                09-Feb-2016
            
        
            
                
                    Headline Total Penalty and Disgorgement
                
                
                
                    See Related Documents
                
             
     
    
        Related Documents:
            
                
33-10037                
                
                    09-Feb-2016
                
                
                    Administrative Proceeding
                
             
                
                    Order Instituting 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, Making Findings and Imposing Remedial Sanctions and a Cease-and-Desist Order
                
            
                On February 9, 2016, the SEC instituted settled administrative and cease-and-desist proceedings against Monsanto Company, Sara M. Brunnquell, CPA, Anthony P. Hartke, CPA, and Jonathan W. Nienas. According to the SEC: "Monsanto is an agricultural seed and chemical company that manufactures and sells glyphosate, a herbicide, under the trade name 'Roundup.' During fiscal years 2009, 2010, and 2011, Monsanto improperly accounted for millions of dollars of rebates offered to Roundup distributors and retailers in the U.S. and Canada to incent them to purchase Roundup. Monsanto also improperly accounted for rebate payments to Roundup customers in Canada, France, and Germany as selling, general, and administrative expenses ('SG&A') rather than rebates, which boosted Roundup gross profit in those countries. Monsanto did not have sufficient internal accounting controls to identify and properly account for rebate payments promised to customers. As a result, Monsanto materially misstated its consolidated earnings, and its revenues and earnings for its Roundup business lines, in its periodic reports filed with the Commission for fiscal years 2009, 2010, and 2011. As a result of the improper accounting, Monsanto met consensus earnings-per-share analyst estimates for fiscal year 2009." 
            
            
                
2016-25                
                
                    09-Feb-2016
                
                
                    Press Release--Administrative Proceeding
                
             
                
                    Monsanto Paying $80 Million Penalty for Accounting Violations 
                
            
                On February 9, 2015, the SEC issued a press release in which the SEC "announced that St. Louis-based agribusiness Monsanto Company agreed to pay an $80 million penalty and retain an independent compliance consultant to settle charges that it violated accounting rules and misstated company earnings as it pertained to its flagship product Roundup. Three accounting and sales executives also agreed to pay penalties to settle charges against them." 
            
        
     
    
        Other Defendants in Action: