==========================================START OF PAGE 1====== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 14905/ May 9, 1996 Accounting and Auditing Enforcement Release No. 780/ May 9, 1996 SECURITIES AND EXCHANGE COMMISSION v. GERALD R. BLACKIE, JON R. ERICKSON AND MARK S. TAGUE (Civ. No. 96-1059) (TPJ) The Securities and Exchange Commission ("Commission") announced today that it filed and simultaneously settled a financial fraud action seeking permanent injunctions and monetary and other relief in the United States District Court for the District of Columbia against three former senior managers of Platinum Software Corporation ("Platinum" or the "Company") -- Gerald R. Blackie ("Blackie"), formerly Platinum's Chief Executive Officer, President and Chairman of the Board of Directors, Jon R. Erickson ("Erickson"), formerly Platinum's Chief Financial Officer, who is a certified public accountant ("CPA"), and Mark S. Tague, formerly Platinum's Executive Vice President/Corporate Controller, who is an inactive CPA. The Complaint alleges that during 1993 and early 1994, the defendants engaged in a fraudulent accounting scheme to overstate Platinum's revenue, earnings and cash received and understate the time the Company was taking to collect its receivables, and to support these misstatements and conceal them from the Company's independent auditors, among others, by backdating and withholding documents and manipulating the Company's accounting records. According to the Complaint, the scheme involved, among other things, the improper recording of revenue from a number of license agreements that were accompanied by an undisclosed side letter giving the customer the right to cancel the agreement for a period of time, the backdating of license agreements and shipping documents to record revenue prematurely, the holding open of Platinum's books for cash received, and the arbitrary reclassification of receivables as cash. In addition, the Complaint alleges, Blackie, Erickson and Tague each sold Platinum common stock while they were in possession of adverse material non-public information about Platinum's true financial condition, thereby avoiding trading losses of $1,018,000, $498,000 and $960,000, respectively. Blackie, Erickson and Tague also received bonuses of $128,125, $50,000 and $6,000, respectively, during the period of the alleged fraud based upon Platinum's purportedly strong financial performance. ==========================================START OF PAGE 2====== The Commission charged that by the alleged conduct Blackie, Erickson and Tague violated the antifraud and certain other provisions of the federal securities laws, specifically, Section 17(a) of the Securities Act of 1933 and Sections 10(b) and 13(b)(5) of the Securities Exchange Act of 1934 and Rules 10b-5, 13b2-1 and 13b2-2 thereunder. The Commission also today entered cease and desist orders, by consent, as to Platinum based upon the alleged scheme, and as to two of its sales managers, John F. Keane and William B. Falk, based upon acts that allegedly contributed to the scheme. Finally, Erickson and Tague have agreed to the institution of administrative proceedings pursuant to Rule 102(e) of the Commission's Rules of Practice, upon entry of the injunctions, barring Erickson permanently and barring Tague for a period of at least five years from appearing or practicing before the Commission as an accountant. Relief Simultaneously with the filing of the Commission's Complaint, Blackie, Erickson and Tague, without admitting or denying the allegations of the Complaint, consented to the entry of Final Judgments permanently enjoining them from violating the provisions of the federal securities laws charged against them, ordering them to disgorge trading losses avoided and the previously noted bonuses paid to them by Platinum during the period of the alleged fraud, plus prejudgment interest thereon, and directing Blackie and Tague to pay civil money penalties of $100,000 and $50,000, respectively. Blackie and Erickson also consented to provisions in the Final Judgments barring each for a period of ten years from serving as an officer or director of any public reporting company. In the proposed Final Judgment to which he consented, Tague agreed to disgorge $210,000 in trading losses avoided, plus $161,590 prejudgment interest, in addition to the amounts he previously disgorged in a related shareholder action. In the proposed Final Judgment to which Erickson consented, the Court would not impose a civil money penalty and Erickson's disgorgement of trading losses avoided and bonuses received would be limited to $100,000, based upon his demonstrated inability to pay and on amounts he previously dis- gorged in a related shareholder action.