On August 25, 2021, the SEC announced charges against the former CEO of HeadSpin, Inc.  HeadSpin is a private tech company in Silicon Valley.  According to the Press Release and related SEC Complaint, the former CEO falsely manipulated sales records and key performance metrics.  The SEC alleges that the former CEO exerted control over HeadSpin’s financial reporting and was able to misstate results with actions such as creating false invoices and altering real invoices.

In this type of announcement the SEC almost always includes language that their investigation “is continuing.”  Usually further cases follow against the company and other parties.  The SEC did enforce against HeadSpin, but, surprisingly, the enforcement action did not assess penalties against the company.  As outlined in the SEC’s January 28, 2022,  Press Release and Complaint, it was an internal investigation started by the company’s Board of Directors that discovered the CEO’s actions.  Additionally, the company took significant remedial steps including removal of the CEO, hiring new senior management and repaying investors.  Based on these steps and others outlined in the Complaint,  the SEC settled fraud charges against the company without any penalty.

Both the Press Release and SEC Complaint offer valuable insights about steps companies can take when such a problem is discovered.

As always, your thoughts and comments are welcome!