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Beazer CEO Receives Wells Notice From SEC

Financial Law     updated  2009/11/16 08:39

Federal regulators have notified Beazer Homes USA Inc. that its top executive could face civil charges over incentive compensation.

The notification comes more than a year after the Atlanta-based homebuilder settled a Securities and Exchange Commission investigation into its financial statements.

Beazer Homes said in a regulatory filing Monday that SEC staff issued a so-called Wells notice to CEO Ian McCarthy. That means the staff intends to recommend civil charges against McCarthy for possible securities violations. Recipients of the notices can respond to the allegations before the commission decides on any enforcement action.

Beazer said McCarthy intends to respond to the notice, which is not a formal allegation nor a finding of wrongdoing.

Beazer said the SEC staff recommended action against McCarthy "to collect certain incentive compensation and other amounts allegedly due" under the Sarbanes-Oxley Act of 2002. The company's filing did not disclose how much compensation is involved, or other details about the disputed pay.

The company itself is not named in the notice.

Beazer said SEC staff did not allege "any lack of due care" by McCarthy in connection with the company's financial statements or other disclosures. Beazer noted that in another recent instance involving a CEO at a different company, the SEC maintained it did not need to allege misconduct by the executive to bring such an action.

Beazer did not admit or deny wrongdoing in September 2008 when it settled with the SEC after an investigation into the company's business practices in handling its financial statements. Beazer said the probe involved matters that were the subject of a previous investigation by the company's audit committee.

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