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U.S. Securities and Exchange Commission

SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.

LITIGATION RELEASE NO. 17072 \ July 19, 2001

ORDERS OF PERMANENT INJUNCTION ENTERED AGAINST ACCELR8 TECHNOLOGY CORPORATION, THOMAS V. GEIMER, HARRY J. FLEURY, AND JAMES GODKIN.

SEC v. Accelr8 Technology Corp., et al., Civ. Action No. 99-D-2203, D. Colo.

The Securities and Exchange Commission announced today that on July 12, 2001 the Honorable Wiley Y. Daniel of the United States District Court for the District of Colorado entered orders of permanent injunction against Accelr8 Technology Corporation, Thomas V. Geimer, Harry J. Fleury, and James Godkin. The defendants consented to the entry of the orders without admitting or denying the allegations of the Commission's complaint. The injunctions, among other things, prohibit the defendants from making, or aiding and abetting the making of false filings with the Commission. The Commission's complaint alleged, among other things, that Accelr8 made misleading statements about the capabilities of its Year 2000 software and filed false financial statements in certain of its annual and quarterly reports with the Commission in 1997 and 1998. Accelr8 has its headquarters in Denver, Colorado and the individual defendants reside in the Denver area. Geimer is Accelr8's Chief Executive Officer. Fleury is the company's President, and Godkin prepared Accelr8's financial statements. The individual defendants were ordered to pay penalties totaling $105,000.

Specifically, Accelr8 was permanently enjoined from violating Sections 13(a) and 13(b)(2) of the Securities Exchange Act of 1934 ("Exchange Act") and Rules 12b-20, 13a-1, and 13a-13 thereunder. Thomas Geimer was permanently enjoined from violating Section 13(b) of the Exchange Act and Rules 13b2-1 and 13b2-2 thereunder and aiding and abetting violations of Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1, 13a-13 thereunder. He was ordered to pay a civil penalty of $65,000. James Godkin was permanently enjoined from violations of Section 13(b) of the Exchange Act and Rules 13b2-1 and 13b2-2 thereunder and aiding and abetting violations of Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1, and 13a-13 thereunder. He was ordered to pay a civil penalty of $20,000. Harry Fleury was permanently enjoined from violations of Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1, and 13a-13 thereunder. He was ordered to pay a civil penalty of $20,000. The orders dismiss with prejudice the Commission's allegations that the defendants violated the anti-fraud provisions of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder.

For further information see Litigation Release No. 16354 (November 16, 1999).


http://www.sec.gov/litigation/litreleases/lr17072.htm

Modified: 07/20/2001