LANDMARK LAWSUIT FILED AGAINST SEC TO PROTECT ALL WHISTLEBLOWERS
SEC Prosecutions

SEC Prosecutions

Settlements or Summary Judgment of Fraud Charges Against Former Officers of First Merchants Acceptance Corporation

SEC v. Mitchell C. Kahn, Paul M. Van Eyl and Thomas R. Ehmann; In the Matter of Steven R. Zemaitis and Julie Freisinger, Respondents

  • 2009

Fraudulent accounting scheme overstating net income by $76.7 million, or 729 percent. During 1996, uncollectible and delinquent accounts at First Merchants Acceptance began rising, and defendants/respondents were charged with employing a variety of methods to make more than 7000 accounts appear current, to avoid charging them off. Such methods included: treating accounts where both borrowers and cars were missing as repossessions; writing company checks to adjust customer account balances; and unilaterally deferring payments for months at a time. Defendants Kahn and Van Eyl both were criminally convicted and received prison sentences.

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