Breadcrumb

Mary Beth Stevens and Paul W. Oliver, Jr.

SECURITIES EXCHANGE ACT OF 1934
Release No. 50053 / July 21, 2004

ACCOUNTING AND AUDITING ENFORCEMENT
Release No. 2057 / July 21, 2004

Admin. Proc. File No. 3-11554


In the Matter of

Michael H. Taber, CPA,

Respondents.



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ORDER INSTITUTING ADMINISTRATIVE PROCEEDINGS PURSUANT TO RULE 102(e) OF THE COMMISSION'S RULES OF PRACTICE, MAKING FINDINGS, AND IMPOSING REMEDIAL SANCTIONS

I.

The Securities and Exchange Commission ("Commission") deems it appropriate and in the public interest to institute public administrative proceedings against Michael Taber pursuant to Rule 102(e)(3)(i) of the Commission's Rules of Practice.1

II.

In anticipation of the institution of these proceedings, Taber has submitted an Offer of Settlement (the "Offer"), which the Commission has determined to accept. Solely for the purpose of these proceedings and any other proceedings brought by or on behalf of the Commission, or to which the Commission is a party, and without admitting or denying the findings herein, except as to the Commission's jurisdiction over him and the subject matter of these proceedings, and the findings contained in Section III.3. below, which are admitted, Taber consents to the entry of this Order Instituting Administrative Proceedings Pursuant to Rule 102(e) of the Commission's Rules of Practice, Making Findings, and Imposing Remedial Sanctions ("Order"), as set forth below.

III.

On the basis of this Order and Taber's Offer, the Commission finds that:

1. Taber, age 58, is and has been a certified public accountant licensed to practice in the state of New York. Taber served as Chief Financial Officer and Vice President of Finance of Del Global Technologies, Inc. ("Del") during the period relevant to the conduct described herein and continuing until his termination in January 2001.

2. Del was, at all relevant times, a New York corporation headquartered in Valhalla, New York. Del designs, manufactures and markets medical imaging and diagnostic systems, as well as power conversion and electronic noise suppression subsystems for medical and industrial applications. At all relevant times, Del's common stock was registered with the Commission pursuant to Section 12(g) of the Securities Exchange Act of 1934 ("Exchange Act") and traded on the NASDAQ National Market.

3. On June 7, 2004, a final judgment was entered against Taber in the civil action entitled Securities and Exchange Commission v. Del Global Technologies, Inc., et al., No. 04 CV 4092, in the United States District Court for the Southern District of New York. The final judgment, among other things, permanently enjoined Taber from future violations of Securities Act of 1933 Section 17(a), Exchange Act Sections 10(b) and 13(b)(5) and Exchange Act Rules 10b-5, 13b2 1 and 13b2-2.

4. The Commission's complaint in the civil action alleged, among other things, that Taber participated in a fraudulent scheme which resulted in the filing of financial statements that, in contravention of generally accepted accounting principles ("GAAP"), materially overstated Del's revenues for every fiscal quarter from fiscal year 1997 through fiscal year 2000. The complaint further alleged that Taber misled Del's outside accountants in connection with their review of Del's financial statements for the fiscal periods from 1997 through 2000 by failing to provide them with material facts concerning the company's financial statements.

IV.

In view of the foregoing, the Commission deems it appropriate and in the public interest to impose the sanction agreed to in Taber's Offer.

Accordingly, it is hereby ORDERED, effective immediately, that:

Taber is suspended from appearing or practicing before the Commission as an accountant.

By the Commission.

Jonathan G. Katz
Secretary


Endnotes

The Commission, with due regard to the public interest and without preliminary hearing, may, by order, . . . suspend from appearing or practicing before it any . . . accountant . . . who has been by name . . . permanently enjoined by any court of competent jurisdiction, by reason of his or her misconduct in an action brought by the Commission, from violating or aiding and abetting the violation of any provision of the Federal securities laws or of the rules and regulations thereunder.


Last Reviewed or Updated: June 27, 2023