FOR IMMEDIATE RELEASE 99-10 SEC Sues Donnkenny, Inc. and Four Former Senior Executives and Employees for Financial Fraud; U.S. Attorney Announces Guilty Pleas Washington, D.C., February 2, 1999 -- The Securities and Exchange Commission today charged Donnkenny, Inc. - a manufacturer and marketer of women's sportswear and other apparel - and four former senior executives and employees with perpetrating a financial fraud from early 1994 until the Fall of 1996. The individuals were also charged with illegal insider trading. Also today, the U.S. Attorney for the Eastern District of New York announced that Donnkenny's former chairman and chief executive officer, Richard F. Rubin, today pleaded guilty to conspiracy to commit securities fraud, a felony. The U.S. Attorney also announced that Donnkenny's former top-two financial officers - Edward T. Creevy and Ronald H. Hollandsworth - each have similarly pled guilty to conspiracy to commit securities fraud. Richard H. Walker, Director of the SEC's Division of Enforcement, said, "The integrity of our markets rests upon the accuracy of financial reporting. Ensuring accurate financial reporting by holding individuals responsible for outright fraud and unacceptable earnings management is a top priority of the Commission. Today's cases demonstrate the resolve of both the Commission and the criminal authorities to stamp out financial fraud and protect investors." The SEC charges, filed in District Court for the District of Columbia, allege that: Richard Rubin fraudulently managed the company's reported revenues and earnings beginning in at least early 1994 and continuing until at least August 1996. Rubin directed a scheme whereby the company improperly reported revenue both on sales before they occurred as well as on bogus transactions. His purpose was to create the illusion that each quarter the company's financial results met or exceeded projections and analysts' expectations. As a result of the scheme, Donnkenny publicly disseminated materially false and misleading financial statements and other disclosures through press releases and filings with the SEC. Assisting Rubin were three company employees: Donnkenny's former chief financial officer, Edward Creevy, its former controller, Ronald Hollandsworth, and former assistant controller, Kymberlee W. Kulis. Together these four individuals caused Donnkenny to improperly recognize revenue by: * holding open quarters to book out-of-period shipments; * anticipating future sales by pulling forward orders without shipping the goods to customers; * recording fictitious sales from non-existent contract work and through false journal entries; and * hiding inventory at an idle Donnkenny facility and a third-party warehouse. The SEC further charges that Rubin, Creevy, Hollandsworth, and Kulis each engaged in illegal insider trading by selling Donnkenny securities knowing that the company's publicly reported financial results were materially misstated. The individuals' alleged illegal securities transactions included: * Rubin sold 780,000 shares and caused his wife to sell 77,000 shares of Donnkenny stock, from which the Rubins received proceeds of approximately $17.9 million. In addition, in July 1996, immediately before the fraud was detected, Rubin entered into an options transaction known as a "no-cost collar" from which he received approximately $3.6 million after the fraud was revealed and the price of Donnkenny's stock plummeted; * Creevy and Hollandsworth each sold 14,000 shares of Donnkenny stock, receiving profits of $148,325 and $139,250, respectively; and * Kulis sold 899 shares of Donnkenny stock receiving profits and avoiding losses of $10,599. Relief Sought: The Commission seeks to permanently enjoin Rubin, Creevy, Hollandsworth, and Kulis from violating or aiding and abetting violations of the antifraud, periodic reporting, books and records, and internal accounting control provisions of the federal securities laws. The Commission also asked the court to permanently bar Rubin, Creevy, and Hollandsworth from serving as officers or directors of public companies. Finally, in addition to seeking civil money penalties for insider trading and for their respective roles in the financial fraud, the Commission also requested that the court order the defendants to disgorge their ill-gotten gains from their insider trading, and with respect to Rubin, that he disgorge the bonuses he received from the company while directing the fraud. Settlements: Simultaneously with the filing of the complaint the following settlements were agreed to: Kymberlee W. Kulis: Without admitting or denying the complaint's allegations, Kulis agreed not to violate the federal securities laws in the future and agreed to pay more than $34,000, representing disgorgement of her trading profits and losses avoided and civil money penalties. Donnkenny, Inc.: Without admitting or denying the Commission's findings, Donnkenny consented to a Commission order directing the company to cease and desist from committing or causing any violations or future violations of the antifraud, periodic reporting, books and records, and internal accounting control provisions of the federal securities laws. The Commission thanks the U.S. Attorney's Office for its cooperation in this matter. Details of the Commission's actions are available at: www.sec.gov. For further information contact: William R. Baker, III, (202) 942-4570 Associate Director, Division of Enforcement Kathleen M. Hamm, (202) 942-4637 Assistant Director, Division of Enforcement # # #