Life Sciences

Former device execs charged with federal securities fraud

Device Regulation Alert: Safety, Compliance and Reimbursement News, April 23, 2007

Two former executives of the California-based device company Endocare have been indicted on federal securities fraud. The indictment says the fraudulent activity caused investors to lose at least $200 million, according to the U.S. Attorney's office in California's Central District. Paul Mikus, former CEO and chairman of the board, and John Cracchiolo, former CFO and COO, are charged with 18 counts of wire fraud, two counts of securities fraud, one count of lying to accountants, and four counts of "honest services" wire fraud. The charges carry a maximum penalty of 430 years in prison and $21.75 million in fines.

The indictment alleges that the two men "concocted bogus sales" and repeatedly overstated revenue to investors, analysts, auditors, and the Securities and Exchange Commission. For example, they allegedly failed to disclose important information such as customer checks being returned for insufficient funds. They also overstated past and projected revenue and the number of past and projected procedures performed using the company's device.

Endocare manufactures and sells a device called the CryoCare Box which is used to freeze cancerous tissue. Go to the U.S. Attorney's Web site to read more.

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