James Charles Blue.The Securities and Exchange Commission has filed civil charges against three former executives of a ConAgra Foods ConAgra Foods, Inc. (NYSE: CAG) is one of North America's largest packaged foods companies. ConAgra's products are available in supermarkets, as well as restaurants and food service establishments. Its headquarters are located in Omaha, Nebraska. subsidiary for allegedly scheming to inflate earnings. The defendants were James Charles James Charles was one of the founding members of the Richmond Football Club. He was Richmond's inaugural Club Secretary, serving in 1885 and 1886, at the same time as being the Club's delegate to the Victorian Football Association. Blue, former president and chief operating officer Chief Operating Officer (COO) The officer of a firm responsible for day-to-day management, usually the president or an executive vice-president. of ConAgra Agri Products, Randy Cook, former president of North America Operations of United Agri Products, and Victor Campbell, UAP's former controller. The SEC alleged that Blue, Cook and Campbell participated in a fraudulent scheme to overstate UAP's operating results in 1999 and 2000, while benefiting from inflated bonuses. The misconduct allegedly caused ConAgra to overstate pre-tax income for fiscal 1999 by $46.7 million, or 7.35%, and in fiscal 2000 by $48.5 million, 7.85%, the SEC said. Blue has agreed to settle the charges without admitting or denying the allegations in the complaint, according to the SEC. He agreed to pay a total of $622,087, which includes $336,362 in disgorgement Disgorgement A repayment of ill-gotten gains that is imposed on wrongdoers by the courts. Funds that were received through illegal or unethical business transactions are disgorged, or paid back, with interest to those affected by the action. , $175,725 of prejudgment pre·judge tr.v. pre·judged, pre·judg·ing, pre·judg·es To judge beforehand without possessing adequate evidence. pre·judg interest, and a $110,000 civil penalty. Campbell, who also neither admitted nor denied the SEC allegations, agreed to pay $198,074, which includes $96,893 in disgorgement, $51,181 of prejudgment interest, and a $50,000 civil penalty. The commission is seeking a permanent injunction permanent injunction n. a final order of a court that a person or entity refrain from certain activities permanently or take certain actions (usually to correct a nuisance) until completed. for Cook against future violations, an officer-and-director bar, and civil penalties, it said. The regulator also seeks to have Cook divest all unexercised stock options and disgorge all gains with interest. The SEC added that the settlement terms are subject to court approval, and that the investigation of the matter would continue. |
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