Defendant Name:
        
        Osiris Therapeutics, Inc.
    
    Defendant Type:
    
        Public Company
    
    
        
            Document Reference:
        
        court_doc4_17-cv-03230
    
    Document Details
    
    
        
            Legal Case Name
        
        SEC v. Osiris Therapeutics, Inc.; Phillip R. Jacoby, Jr.; Gregory I. Law; Lode B. Debrabandere; and Bobby Dwayne Montgomery
    
    
        
        
            Document Name
        
        
            Final Judgment as to Defendant Osiris Therapeutics, Inc.
        
    
    
        
        
            Document Date
        
        
            07-Nov-2017
        
    
    
    
        
        
            Document Format
        
        
            Civil Proceeding
        
    
    
    
        
            
                Case Number
            
            
                17-cv-03230
            
        
            
                
                    Federal District Court
                
                
                    Maryland, District of Maryland
                
            
             
    
    
        
            Allegation Type
        
        
            
            Issuer Reporting and Disclosure
        
    
 
    
        
            Document Summary
        
        
            On November 7, 2017, a federal district judge entered final judgment against Osiris Therapeutics, Inc. pursuant to the consent of Osiris Therapeutics, Inc. 
        
    
 
    
    
        Disgorgement & Penalty Information
        
        
            
                Resolutions
            
                
                    
                        Enjoinment
                    
                
                
                    
                        Various Undertakings
                    
                
         
                    
                
                    Monetary Penalties:
                
                
                    
                        
                            Civil Penalty
                        
                    
                    
                            
                                Individual:    
                                $1,500,000.00
                            
                            
                                Shared:    
                                
                            
                    
             
     
        
    
            
    
        Related Documents:
            
                
2017-207                
                
                    02-Nov-2017
                
                
                    Press Release--Civil Action
                
             
                
                    SEC Charges Biotech Company, Executive with Accounting Fraud 
                
            
                In a press release published on November 2, 2017 the SEC stated that "Osiris Therapeutics routinely overstated company performance and issued fraudulent financial statements for a period of nearly two years. According to the SEC's complaint, the company improperly recognized revenue using artificially inflated prices, backdated documents to recognize revenue in earlier periods, and prematurely recognized revenue upon delivery of products to be held on consignment. Osiris Therapeutics and its executives also allegedly used pricing data that they knew was false and attempted to book revenue on a fictitious transaction, among other accounting improprieties." 
            
            
                
                    Complaint: Jury Trial Demanded
                
            
                According to the SEC: "Osiris is a biotechnology company that researches, develops and markets products for orthopedics, sports medicine, and wound care. During all four quarters of 2014 and the first three quarters of 2015, Osiris and its former senior officers engaged in a wide-ranging fraud to artificially inflate the company's reported revenue. In addition to directing the misstatement of Osiris' financial results, the company's former senior officers engaged in numerous other fraudulent and deceptive acts, including entering into undisclosed side agreements with distributors, recognizing revenue in direct contradiction to their disclosed accounting policies, lying to Osiris' independent registered public accounting firm ("Auditor"), using false pricing data, and backdating and falsifying documents. The misstatements and scheme were carried out by former officers of Osiris, including Jacoby who served as Osiris' chief financial officer and, subsequently, vice president of finance and principal accounting officer; Law who served as Osiris' vice president of finance and principal accounting officer and, subsequently, chief financial officer; Debrabandere who served as Osiris' chief executive officer; and Montgomery, who served as Osiris' general manager of orthopedics and sports medicine and, subsequently, its chief business officer." 
            
            
                
                    SEC Charges Biotech Company, Executives with Accounting Fraud
                
            
                In a litigation release published on November 3, 2017, the SEC stated that "Osiris Therapeutics routinely overstated company performance and issued fraudulent financial statements for a period of nearly two years. According to the SEC's complaint, the company improperly recognized revenue using artificially inflated prices, backdated documents to recognize revenue in earlier periods, and prematurely recognized revenue upon delivery of products to be held on consignment. Osiris Therapeutics and its executives also allegedly used pricing data that they knew was false and attempted to book revenue on a fictitious transaction, among other accounting improprieties." 
            
            
                
                    SEC Obtains Final Judgment Against Former Executive Charged with Lying to Auditors
                
            
                The SEC stated: "On October 8, 2019, the U.S. District Court for the District of Maryland entered a final judgment against Bobby Dwayne Montgomery, a former executive of biotech company Osiris Therapeutics, Inc. for his role in Osiris's fraudulent conduct. . . . Osiris previously settled the SEC's charges and paid a $1.5 million penalty." 
            
        
     
    
        Other Defendants in Action: