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Estimated reading time: 2 minutes, 19 seconds

Gilman Covers Exec Financial Penalties

Financial planning firm GilGilmanCiocia logomanCiocia has agreed to indemnify its CEO and chief compliance officer for civil penalties levied against each by the SEC. At the same time, the company revealed its form 10-K that it had missed the deadline for paying part of a $450,000 civil penalty ordered as a result of the cases, which involved the fraudulent sale of variable annuities by some of its representatives to senior citizens. That information came as the company improved both its bottom line and revenue for the year ended June 30.

The SEC report revealed that in August the board of directors had approved  indemnifying CEO Michael Ryan and chief compliance officer, Rose Rudden, who had agreed to pay a $65,000 civil penalty each. Meanwhile, on September 15, the company paid only $100,000 out of an installment of $198,088 due and paid the rest on October 8. That total was out of a total penalty of $450,000 to be paid in three installments. Because of the missed deadline, Gilman noted the SEC had accelerated the due date of the third installment, which had not been paid as of the filing of the 10-K with the SEC on October 13.

Ryan, who is also active in the sale of securities, and Rudden had agreed to an SEC ban on their being able to perform in supervisory roles at any broker/dealer organization. So that Ryan can keep his job as president and CEO and not violate the supervisory restrictions, the directors delegated those duties to Carole Enisman, EVP of operations. She will supervise any issue that could impact the conduct or employment of two company subsidiaries, Prime Capital Services and Asset and Financial Planning, will report directly to the board of directors, not to Ryan on those issues.

For fiscal 2010, GilmanCiocia narrowed its loss to $1.64 million, down from just under $1.8 million for fiscal 2090. The company reported revenue $43.3 million for the most recently ended year, up 4.1 percent from $41.6 million the prior year. One negative factor was that the growth of commissions paid, rising by 6.3 percent from year to year, outstripping the growth in revenue.

 

Bob Scott
Bob Scott has provided information to the tax and accounting community since 1991, first as technology editor of Accounting Today, and from 1997 through 2009 as editor of its sister publication, Accounting Technology. He is known throughout the industry for his depth of knowledge and for his high journalistic standards.  Scott has made frequent appearances as a speaker, moderator and panelist and events serving tax and accounting professionals. He  has a strong background in computer journalism as an editor with two former trade publications, Computer+Software News and MIS Week and spent several years with weekly and daily newspapers in Morris County New Jersey prior to that.  A graduate of Indiana University with a degree in journalism, Bob is a native of Madison, Ind
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