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FORMER
EXECUTIVES OF ORANGE COUNTY MEDICAL DEVICE FIRM INDICTED ON FEDERAL
SECURITIES FRAUD CHARGES FOR LYING AND CAUSING OVER $200 MILLION IN LOSSES
TO INVESTORS
SANTA ANA - Two men
who ran the Irvine-based Endocare, Inc., a manufacturer of a device used
to treat cancerous tumors, were indicted today by a federal grand jury
that accused them of causing investors to lose at least $200 million.
The indictment alleges that the former executives concocted bogus sales
and repeatedly overstated company revenues to analysts, investors, auditors
and the Securities and Exchange Commission. The indictment names Paul
Mikus, a 41-year-old Coto de Caza resident, who was the chief executive
officer and chairman of the board, and John Cracchiolo, a 50-year-old
resident of Gardenville, Nevada, who was the company's chief financial
officer and chief operating officer.
Endocare manufactures and sells a medical device that is used to freeze
cancerous tissue. The device is called a Cryocare Box (Cryo-Box), which
is used with related probe kits. According to the indictment, when Mikus
and Cracchiolo were running Endocare, the company sold the Cryo-Box for
approximately $200,000 to $300,000, but revenue from the purchase of disposable
probe kits was considered superior because such revenue was recurring
and predictable. The profit margin on the sale of disposable probe kits
also was higher than for Cryo-Box sales.
Mikus and Cracchiolo allegedly inflated revenues through a series of sham
transactions and by failing to disclose important business developments,
such as customer checks being returned for insufficient funds. According
to the indictment, Mikus and Cracchiolo fraudulently overstated Endocare's
past and projected revenue and the number of past and projected cryo-procedures
performed, as well as fraudulently reporting to shareholders and analysts
the manner in which Endocare recognized revenue.
In relation to a stock offering in 2001, Mikus and Cracchiolo allegedly
failed to properly disclose to market analysts the scope of Endocare's
relationship to its largest distributor, United States Medical Development
(USMD). During that time, Mikus and Cracchiolo allegedly falsely stated
that the Cryo-Boxes were sold to USMD on a "pass-through basis" in which
USMD immediately resold the Cryo-Boxes for immediate use in performing
procedures, when, in fact, after being purchased, such Cryo-Boxes generally
remained unopened and unused in USMD warehouses. As a result of this conduct,
according to the indictment, investors purchased Endocare's stock at a
price that was inflated due to the defendants' fraudulent conduct.
The indictment charges Mikus and Cracchiolo with 18 counts of wire fraud,
two counts of securities fraud, one count of false certification of financial
reports, one count of false statements in reports filed with the SEC,
one count of lying to accountants, and four counts of "honest services"
wire fraud. These charges carry a statutory maximum penalty of 430 years
in prison and $21.75 million in fines.
An indictment contains allegations that a defendant has committed a crime.
Every defendant is presumed to be innocent until proven guilty in court.
Mikus and Cracchiolo have agreed to surrender themselves to federal authorities
later this month.
The criminal case is the product of an investigation by the Federal Bureau
of Investigation.
The Securities and Exchange Commission filed a civil action against Mikus
and Cracchiolo last August, see: http://www.sec.gov/litigation/litreleases/2006/lr19800.htm.
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