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

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)
Securities Act
Sec 17(a)(2)
Sec 17(a)(3)
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 $80,135,000

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: