Defendant Name: Swisher Hygiene Inc.

Defendant Type: Public Company
SIC Code: 9999
CUSIP: 87080830

Initial Case Details

Legal Case Name In the Matter of Swisher Hygiene Inc.
First Document Date 24-May-2016
Initial Filing Format Administrative Action
File Number 3-17257
Allegation Type Issuer Reporting and Disclosure
AAER 3775

Violations Alleged

Exchange Act
Sec 10(b) + Rule 10b-5
Rule 12b-20
Sec 13(a)
Rule 13a-11
Rule 13a-13
Sec 13(b)(2)(A)
Sec 13(b)(2)(B)
Securities Act
Sec 17(a) (Not specified)


First Resolution Date 24-May-2016

Related Documents:

33-10081 24-May-2016 Administrative Proceeding
Order Instituting Cease-and-Desist Proceedings Pursuant to Section 8A of the Securities Act of 1933 and Section 21C of the Securities Exchange Act of 1934, Making Findings, and Imposing a Cease-and-Desist Order
On May 24, 2016, the SEC instituted settled cease-and-desist proceedings against Swisher Hygiene Inc. ("Swisher"). According to the SEC: "Swisher reported materially misstated financial results to the investing public and in filings with the Commission during the first three quarters of 2011. The filings with the Commission included Registration Statements, Forms 8-K and quarterly reports on Forms 10-Q. The improper accounting involved, among other things, the accounting for business combinations in a manner that was not in conformity with Generally Accepted Accounting Principles ('GAAP'), as well as the improper use of reserve accounts to reduce losses. In addition, beginning in the second quarter of 2011 and continuing through the remainder of that year, Swisher engaged in a scheme to manage reported financial results to predetermined Adjusted EBITDA targets. The scheme, orchestrated by one or more senior officers of Swisher, occurred during the financial statement closing process for each of the relevant periods and involved the manipulation and recording of accounting entries that were not in conformity with GAAP in order to achieve a predetermined target. Once the desired target was achieved, the financial statement closing process would cease with no further analysis of other significant accounts. Accounting entries that were utilized in furtherance of the scheme included those related to earnout accruals, compensation for employees of acquired entities, unfavorable contracts, insurance reserves and the allowance for doubtful accounts receivable." While the SEC deemed it appropriate to impose a civil penalty on Swisher, the SEC did not order a civil penalty because of a $2,000,000 penalty Swisher paid to the United States under a deferred prosecution agreement with the Department of Justice.

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In the Matter of Joanne K. Viard, CPA
In the Matter of Michael J. Kipp