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In re FREDERICK A. KADEN & CO.

summary

Frederick A. Kaden & Co. and its partner Frederick A. Kaden, CPA, violated Section 102(a) of the Sarbanes-Oxley Act by issuing an unregistered audit report for Daxor Corporation in March 2004, earning $22,850, leading the SEC to initiate administrative proceedings seeking censure or permanent bars from practicing before it.

paragraph

The SEC alleged that Frederick A. Kaden & Co. and Frederick A. Kaden, CPA, willfully violated Section 102(a) of the Sarbanes-Oxley Act by preparing and issuing an audit report for Daxor Corporation on March 17, 2004, despite neither being registered with the PCAOB, which became mandatory after October 22, 2003. The audit, included in Daxor’s Form 10-K filing, generated $22,850 in fees for the firm. The SEC initiated administrative proceedings under Sections 4C and Rule 102(e) of its rules, seeking potential censure or permanent denial of the respondents’ privilege to practice before the Commission for willful violations of federal securities laws.

narrative

The U.S. Securities and Exchange Commission (SEC) instituted administrative proceedings against Frederick A. Kaden & Co. and its engagement partner, Frederick A. Kaden, CPA, for violating Section 102(a) of the Sarbanes-Oxley Act by issuing an audit report for Daxor Corporation on March 17, 2004, without being registered with the Public Company Accounting Oversight Board (PCAOB), a requirement effective since October 22, 2003. Kaden & Co. received $22,850 for auditing Daxor’s fiscal year 2003 financial statements, which were included in Daxor’s Form 10-K filed with the SEC, despite neither respondent ever registering with the PCAOB. The SEC alleged that both respondents willfully violated federal securities laws by participating in the preparation and issuance of an audit report for a public company without the legally required registration. Under Sections 4C(a)(1) and 4C(a)(3) of the Exchange Act and Rule 102(e)(1)(i) and (iii), the SEC sought to determine whether to censure the respondents or permanently bar them from appearing or practicing before the Commission. The proceedings were initiated to afford the respondents an opportunity to present defenses, with a hearing ordered and an initial decision due within 300 days. Daxor, a registered issuer with $48.3 million in total assets and $3.1 million in revenue for 2003, was subject to Sarbanes-Oxley requirements, making the unregistered audit a serious breach of investor protection standards. The matter was formally handled by the SEC, with Nancy M. Morris serving as Secretary, and was not classified as rulemaking under the Administrative Procedure Act, meaning procedural delays did not apply.

Enriched metadata

Scheme
accounting-fraud (100%)
Classified accounting-fraud(confidence 100%). EDGAR detection: forms 10-K/10-Q/8-K/NT 10-K· recall 80% / precision 48%. detection rule →
Statutes
17 C.F.R. § 201.11017 C.F.R. § 201.220SECTION 4C OF THE SECURITIES EXCHANGE ACT
Parties
Securities and Exchange CommissionFREDERICK A. KADEN & CO.FREDERICK A. KADENCPA
Keywords
commissionkadenaudit reportrules practicefrederick kadendaxorrulesauditreportpubliccommission rulesexchangerespondentspracticeexchange commission

Extracted insights

Dollar amounts 3
  • $48.30M $48,300,532 $10M–$100M
  • $3.17M $3,165,437 $1M–$10M
  • $23K $22,850 $10K–$100K
Entities 5
  • person american stock exchange
  • company daxor corporation
  • company frederick a. kaden & co.
  • agency sec division of enforcement
  • agency Securities and Exchange Commission
Triples 16
  • Frederick A. Kaden & Co. is New York Corporation And Public Accounting Firm
  • Frederick A. Kaden & Co. headquartered in Brentwood, New York
  • Frederick A. Kaden & Co. prepared and issued Audit Report Dated March 17, 2004
  • Frederick A. Kaden & Co. audited Daxor Corporation Financial Statements For Fiscal Year 2003
  • Frederick A. Kaden & Co. received $22,850 For Audit Services
  • Frederick A. Kaden, CPA licensed in New York Since 1982
  • Frederick A. Kaden, CPA participated in Preparation And Issuance Of March 17, 2004 Daxor Audit Report
  • Daxor Corporation is New York Corporation Based In New York, New York
  • Daxor Corporation reported $3,165,437 In Revenue For Fiscal Year 2003
  • Daxor Corporation reported $48,300,532 In Total Assets For Fiscal Year 2003
  • Daxor Corporation traded on American Stock Exchange
  • Frederick A. Kaden & Co. failed to register with Public Company Accounting Oversight Board
  • Frederick A. Kaden, CPA failed to register with Public Company Accounting Oversight Board
  • SEC instituted Administrative Proceedings Against Frederick A. Kaden & Co. And Frederick A. Kaden, CPA
  • SEC Division Of Enforcement alleged Violations By Frederick A. Kaden & Co. And Frederick A. Kaden, CPA
  • Daxor Corporation filed Form 10-K On March 30, 2004
Text layers
Extracted body text (8,301c)

 
UNITED STATES OF AMERICA 

                                                                     Before                                                                     the                                                                     

SECURITIES AND EXCHANGE COMMISSION 

September 13, 2007 
ADMINISTRATIVE PROCEEDING 
File No. 3-12791 
In the Matter of 
FREDERICK A. KADEN & CO., 
and FREDERICK A. KADEN, 
CPA, 
Respondents. 
ORDER INSTITUTING  
ADMINISTRATIVE PROCEEDINGS 
PURSUANT TO SECTION 4C OF THE 
SECURITIES EXCHANGE ACT OF 1934 
AND RULE 102(e) OF THE 
COMMISSION’S RULES OF 
PRACTICE, AND NOTICE OF 
HEARING 
I. 
The Securities and Exchange Commission (“Commission”) deems it appropriate that public 
administrative proceedings be, and hereby are, instituted pursuant to Section 4C of the Securities 
Exchange Act of 1934 (“Exchange Act”) and Rule 102(e) of the Commission’s Rules of Practice 
against Frederick A. Kaden & Co. (“Kaden & Co.”) and Frederick A. Kaden, CPA (“Kaden”) 
(collectively “Respondents”). 
II. 
After an investigation, the Division of Enforcement alleges that: 
A. RESPONDENTS 
1. Frederick A. Kaden & Co. is a New York corporation and public accounting firm 
headquartered in Brentwood, New York.  Kaden & Co. prepared and issued an audit report dated 
March 17, 2004, in connection with its audit of Daxor Corporation (“Daxor”). 
2. Frederick A. Kaden, CPA, has been a certified public accountant licensed in New 
York since 1982.  As engagement partner on the Daxor engagement, Kaden participated in the 
preparation and issuance of the March 17, 2004 Daxor audit report.   

B.	OTHER RELEVANT ENTITIES 
1. Daxor is a New York corporation based in New York, New York.  During the 
relevant period, Daxor’s common stock traded on the American Stock Exchange.  Its common 
stock is registered with the Commission pursuant to Section 12(b) of the Exchange Act.  Daxor 
reported $3,165,437 in revenue and total assets of $48,300,532 for its fiscal year ended 2003.  
Daxor has at all relevant times been an issuer as defined by the Sarbanes-Oxley Act of 2002 (the 
“Act”). 
C. 	FAILURE TO REGISTER WITH THE PUBLIC COMPANY ACCOUNTING 
OVERSIGHT BOARD 
1. Section 102(a) of the Act prohibits any person that is not a registered public 
accounting firm with the Public Company Accounting Oversight Board (“PCAOB”) from 
preparing or issuing, or participating in the preparation or issuance of, any audit report with respect 
to any public reporting company after October 22, 2003. 
2. At no point did any of the Respondents register with the PCAOB as a public 
accounting firm. 
3. Kaden & Co. audited Daxor’s financial statements included in Daxor’s annual 
report for fiscal year 2003 on Form 10-K, filed with the Commission on March 30, 2004.   
4. Kaden & Co. prepared and issued an audit report dated March 17, 2004, which was 
included in Daxor’s Form 10-K.   
5. Kaden participated in auditing the financial statements included in Daxor’s annual 
report for fiscal year 2003 on Form 10-K, filed with the Commission on March 30, 2004.   
6. Kaden participated in the preparation and issuance of an audit report dated March 
17, 2004, which was included in Daxor’s Form 10-K. 
7. Kaden & Co. received $22,850 for conducting an audit of Daxor’s financial 
statements for its fiscal year 2003 and for issuing an audit report on those financial statements.  
D.	        VIOLATIONS        
1. Section 4C(a) of the Exchange Act provides, in relevant part, that the Commission 
“may censure any person, or deny, temporarily or permanently, to any person the privilege of 
appearing or practicing before the Commission in any way, if that person is found by the 
Commission ... (1) not to possess the requisite qualifications to represent others ... or (3) to have 
willfully violated, or willfully aided and abetted the violation of, any provision of the securities 
laws or the rules and regulations issued thereunder.” 
2. Rule 102(e)(1) of the Commission’s Rules of Practice provides that the 
Commission “may censure a person or deny, temporarily or permanently, the privilege of 
2


appearing or practicing before it in any way to any person who is found by the Commission ... (i) 
not to possess the requisite qualifications to represent others ... or (iii) to have willfully violated ... 
any provision of the Federal securities laws or the rules and regulations thereunder.” 
3. Section 102(a) of the Act provides that “it shall be unlawful for any person that is 
not a registered public accounting firm to prepare or issue, or to participate in the preparation or 
issuance of, any audit report with respect to any issuer.” 
4. Because Kaden & Co. had not registered with the PCAOB, it lacked “the requisite 
qualifications” to issue an audit report dated March 17, 2004. 
5. By participating in the preparation or issuance of an audit report after October 22, 
2003 by an audit firm that was not registered with the PCAOB, Kaden lacked “the requisite 
qualifications to represent others.” 
6. In violation of Section 102(a) of the Act, Kaden & Co. prepared and issued an audit 
report on the financial statements of a reporting company after October 22, 2003, without first 
registering with the PCAOB. Kaden & Co. thus also willfully violated the federal securities laws. 
III. 
In view of the allegations made by the Division of Enforcement, the Commission deems it 
necessary and appropriate that public administrative proceedings be instituted to determine:    
A. Whether the allegations set forth in Section II are true and, in connection therewith, 
to afford Respondents an opportunity to establish any defenses to such allegations; and 
B. Whether, pursuant to Sections 4C(a)(1) and 4C(a)(3) of the Exchange Act and Rules 
102(e)(1)(i) and 102(e)(1)(iii) of the Commission’s Rules of Practice, Kaden & Co. should be 
censured by the Commission or temporarily or permanently denied the privilege of appearing or 
practicing before the Commission. 
C. Whether, pursuant to Section 4C(a)(1) of the Exchange Act and Rule 102(e)(1)(i) of 
the Commission’s Rules of Practice, Kaden should be censured by the Commission or temporarily 
or permanently denied the privilege of appearing or practicing before the Commission. 
IV. 
IT IS ORDERED that a public hearing for the purpose of taking evidence on the questions 
set forth in Section III hereof shall be convened at a time and place to be fixed, and before an 
Administrative Law Judge to be designated by further order as provided by Rule 110 of the 
Commission's Rules of Practice, 17 C.F.R. § 201.110.   
IT IS FURTHER ORDERED that Respondents shall file an Answer to the allegations 
contained in this Order within ten (10) days after service of this Order, as provided by Rule 220 of 
the Commission's Rules of Practice, 17 C.F.R. § 201.220.  
3


If Respondents fail to file the directed answer, or fail to appear at a hearing after being duly 
notified, the Respondents may be deemed in default and the proceedings may be determined against 
them upon consideration of this Order, the allegations of which may be deemed to be true as 
provided by Rules 155(a), 220(f), 221(f) and 310 of the Commission's Rules of Practice, 17 C.F.R.  
§§ 201.155(a), 201.220(f), 201.221(f) and 201.310. 
This Order shall be served forthwith upon Respondents personally or by certified mail. 
IT IS FURTHER ORDERED that the Administrative Law Judge shall issue an initial 
decision no later than 300 days from the date of service of this Order, pursuant to Rule 360(a)(2) of 
the Commission’s Rules of Practice. 
In the absence of an appropriate waiver, no officer or employee of the Commission engaged 
in the performance of investigative or prosecuting functions in this or any factually related 
proceeding will be permitted to participate or advise in the decision of this matter, except as witness 
or counsel in proceedings held pursuant to notice.  Since this proceeding is not “rule making” within 
the meaning of Section 551 of the Administrative Procedure Act, it is not deemed subject to the 
provisions of Section 553 delaying the effective date of any final Commission action. 
            By            the            Commission.            
        Nancy M. Morris
        Secretary 
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OCR text (8,082c · tika · 95% conf)
UNITED STATES OF AMERICA 

 Before the 


SECURITIES AND EXCHANGE COMMISSION 

September 13, 2007 

ADMINISTRATIVE PROCEEDING 
File No. 3-12791 

In the Matter of 

FREDERICK A. KADEN & CO., 
and FREDERICK A. KADEN, 
CPA, 

Respondents. 

ORDER INSTITUTING  
ADMINISTRATIVE PROCEEDINGS 
PURSUANT TO SECTION 4C OF THE 
SECURITIES EXCHANGE ACT OF 1934 
AND RULE 102(e) OF THE 
COMMISSION’S RULES OF 
PRACTICE, AND NOTICE OF 
HEARING 

I. 

The Securities and Exchange Commission (“Commission”) deems it appropriate that public 
administrative proceedings be, and hereby are, instituted pursuant to Section 4C of the Securities 
Exchange Act of 1934 (“Exchange Act”) and Rule 102(e) of the Commission’s Rules of Practice 
against Frederick A. Kaden & Co. (“Kaden & Co.”) and Frederick A. Kaden, CPA (“Kaden”) 
(collectively “Respondents”). 

II. 

After an investigation, the Division of Enforcement alleges that: 

A. RESPONDENTS 

1. Frederick A. Kaden & Co. is a New York corporation and public accounting firm 
headquartered in Brentwood, New York.  Kaden & Co. prepared and issued an audit report dated 
March 17, 2004, in connection with its audit of Daxor Corporation (“Daxor”). 

2. Frederick A. Kaden, CPA, has been a certified public accountant licensed in New 
York since 1982.  As engagement partner on the Daxor engagement, Kaden participated in the 
preparation and issuance of the March 17, 2004 Daxor audit report.   



B.	 OTHER RELEVANT ENTITIES 

1. Daxor is a New York corporation based in New York, New York.  During the 
relevant period, Daxor’s common stock traded on the American Stock Exchange.  Its common 
stock is registered with the Commission pursuant to Section 12(b) of the Exchange Act.  Daxor 
reported $3,165,437 in revenue and total assets of $48,300,532 for its fiscal year ended 2003.  
Daxor has at all relevant times been an issuer as defined by the Sarbanes-Oxley Act of 2002 (the 
“Act”). 

C. 	 FAILURE TO REGISTER WITH THE PUBLIC COMPANY ACCOUNTING 
OVERSIGHT BOARD 

1. Section 102(a) of the Act prohibits any person that is not a registered public 
accounting firm with the Public Company Accounting Oversight Board (“PCAOB”) from 
preparing or issuing, or participating in the preparation or issuance of, any audit report with respect 
to any public reporting company after October 22, 2003. 

2. At no point did any of the Respondents register with the PCAOB as a public 
accounting firm. 

3. Kaden & Co. audited Daxor’s financial statements included in Daxor’s annual 
report for fiscal year 2003 on Form 10-K, filed with the Commission on March 30, 2004.   

4. Kaden & Co. prepared and issued an audit report dated March 17, 2004, which was 
included in Daxor’s Form 10-K.   

5. Kaden participated in auditing the financial statements included in Daxor’s annual 
report for fiscal year 2003 on Form 10-K, filed with the Commission on March 30, 2004.   

6. Kaden participated in the preparation and issuance of an audit report dated March 
17, 2004, which was included in Daxor’s Form 10-K. 

7. Kaden & Co. received $22,850 for conducting an audit of Daxor’s financial 
statements for its fiscal year 2003 and for issuing an audit report on those financial statements.  

D.	 VIOLATIONS 

1. Section 4C(a) of the Exchange Act provides, in relevant part, that the Commission 
“may censure any person, or deny, temporarily or permanently, to any person the privilege of 
appearing or practicing before the Commission in any way, if that person is found by the 
Commission … (1) not to possess the requisite qualifications to represent others … or (3) to have 
willfully violated, or willfully aided and abetted the violation of, any provision of the securities 
laws or the rules and regulations issued thereunder.” 

2. Rule 102(e)(1) of the Commission’s Rules of Practice provides that the 
Commission “may censure a person or deny, temporarily or permanently, the privilege of 

2




appearing or practicing before it in any way to any person who is found by the Commission ... (i) 
not to possess the requisite qualifications to represent others … or (iii) to have willfully violated … 
any provision of the Federal securities laws or the rules and regulations thereunder.” 

3. Section 102(a) of the Act provides that “it shall be unlawful for any person that is 
not a registered public accounting firm to prepare or issue, or to participate in the preparation or 
issuance of, any audit report with respect to any issuer.” 

4. Because Kaden & Co. had not registered with the PCAOB, it lacked “the requisite 
qualifications” to issue an audit report dated March 17, 2004. 

5. By participating in the preparation or issuance of an audit report after October 22, 
2003 by an audit firm that was not registered with the PCAOB, Kaden lacked “the requisite 
qualifications to represent others.” 

6. In violation of Section 102(a) of the Act, Kaden & Co. prepared and issued an audit 
report on the financial statements of a reporting company after October 22, 2003, without first 
registering with the PCAOB. Kaden & Co. thus also willfully violated the federal securities laws. 

III. 

In view of the allegations made by the Division of Enforcement, the Commission deems it 
necessary and appropriate that public administrative proceedings be instituted to determine:    

A. Whether the allegations set forth in Section II are true and, in connection therewith, 
to afford Respondents an opportunity to establish any defenses to such allegations; and 

B. Whether, pursuant to Sections 4C(a)(1) and 4C(a)(3) of the Exchange Act and Rules 
102(e)(1)(i) and 102(e)(1)(iii) of the Commission’s Rules of Practice, Kaden & Co. should be 
censured by the Commission or temporarily or permanently denied the privilege of appearing or 
practicing before the Commission. 

C. Whether, pursuant to Section 4C(a)(1) of the Exchange Act and Rule 102(e)(1)(i) of 
the Commission’s Rules of Practice, Kaden should be censured by the Commission or temporarily 
or permanently denied the privilege of appearing or practicing before the Commission. 

IV. 

IT IS ORDERED that a public hearing for the purpose of taking evidence on the questions 
set forth in Section III hereof shall be convened at a time and place to be fixed, and before an 
Administrative Law Judge to be designated by further order as provided by Rule 110 of the 
Commission's Rules of Practice, 17 C.F.R. § 201.110.   

IT IS FURTHER ORDERED that Respondents shall file an Answer to the allegations 
contained in this Order within ten (10) days after service of this Order, as provided by Rule 220 of 
the Commission's Rules of Practice, 17 C.F.R. § 201.220.  

3




If Respondents fail to file the directed answer, or fail to appear at a hearing after being duly 
notified, the Respondents may be deemed in default and the proceedings may be determined against 
them upon consideration of this Order, the allegations of which may be deemed to be true as 
provided by Rules 155(a), 220(f), 221(f) and 310 of the Commission's Rules of Practice, 17 C.F.R.  
§§ 201.155(a), 201.220(f), 201.221(f) and 201.310. 

This Order shall be served forthwith upon Respondents personally or by certified mail. 

IT IS FURTHER ORDERED that the Administrative Law Judge shall issue an initial 
decision no later than 300 days from the date of service of this Order, pursuant to Rule 360(a)(2) of 
the Commission’s Rules of Practice. 

In the absence of an appropriate waiver, no officer or employee of the Commission engaged 
in the performance of investigative or prosecuting functions in this or any factually related 
proceeding will be permitted to participate or advise in the decision of this matter, except as witness 
or counsel in proceedings held pursuant to notice.  Since this proceeding is not “rule making” within 
the meaning of Section 551 of the Administrative Procedure Act, it is not deemed subject to the 
provisions of Section 553 delaying the effective date of any final Commission action. 

 By the Commission. 

        Nancy  M.  Morris
        Secretary  

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