DHB Industries Inc. Reports Receipt of 'Wells Notice' from the Securities and Exchange Commission
26 Mai 2006 - 12:33AM
PR Newswire (US)
WESTBURY, N.Y., May 25 /PRNewswire-FirstCall/ -- DHB Industries,
Inc. (AMEX:DHB), a leader in the field of protective body armor,
announced today that it received a "Wells Notice" on May 23, 2006
from the staff (the "Staff") of the Securities and Exchange
Commission (the "SEC"). The "Wells Notice" indicates that the Staff
has preliminarily determined to recommend that the SEC bring a
civil injunctive action against the Company alleging violations of
the antifraud, reporting and books and records provisions of the
Securities Exchange Act of 1934, as amended (the "Exchange Act").
Should it proceed with an action, the Wells notice states that the
Staff will allege that the Company recorded false journal entries
in 2005 relating to its inventory for the purpose of materially
increasing its gross profit margin and net income. The Wells notice
indicates that the Staff may seek a temporary restraining order,
preliminary injunction, permanent injunction, the appointment of a
corporate monitor and civil money penalties. On March 31, 2006, the
Company disclosed that investors should no longer rely on the
Company's previously issued interim financial statements for 2005
as a result of the identification of certain adjustments of
inventory, both positive and negative, that are individually
material to each quarter. Under SEC procedures, recipients of
"Wells Notices" have the opportunity to make a written submission
before the Staff makes a formal recommendation to the SEC on
whether any action should be brought by the SEC. The Company is
currently in discussions with the Staff to address this matter. As
also previously reported, the Company is currently the subject of
an investigation by the SEC with respect to certain related party
transactions and executive compensation matters regarding the
Company and affiliates of Mr. David H. Brooks, the Company's Chief
Executive Officer. The Company is unable to predict the outcome of
this investigation or these other matters. About DHB Industries,
Inc. DHB Industries, Inc. is a global leader in high performance,
protective technologies, including: state of the art ballistic
technologies and advanced therapeutic technologies. DHB Armor Group
is focused on the design, manufacture, and distribution of bullet
resistant and protective body armor for military, law enforcement,
and corrections in the United States, and worldwide. DHB Armor
Group includes the highly recognized subsidiaries, Point Blank Body
Armor, Inc. (http://www.pointblankarmor.com/) and Protective
Apparel Corporation of America (PACA)
(http://www.pacabodyarmor.com/). DHB Sports Group produces and
markets a comprehensive line of athletic supports and braces which
are merchandised through national superstore chains as well as
private label distributors. The Company maintains facilities in
Westbury, NY, Deerfield Beach, FL, Oakland Park, FL, Pompano Beach,
FL, Jacksboro, TN and Arlington, VA. To learn more about DHB
Industries, Inc., visit the website at
(http://www.dhbindustries.com/). SAFE HARBOR STATEMENT UNDER THE
PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995: THE STATEMENTS
WHICH ARE NOT HISTORICAL FACTS CONTAINED IN THIS PRESS RELEASE ARE
FORWARD-LOOKING STATEMENTS, WHICH ARE BASED LARGELY ON THE
COMPANY'S EXPECTATIONS AND ARE SUBJECT TO VARIOUS BUSINESS RISKS
AND UNCERTAINTIES, CERTAIN OF WHICH ARE BEYOND THE COMPANY'S
CONTROL. WORDS SUCH AS "EXPECTS," "ANTICIPATES," "TARGETS,"
"GOALS," "PROJECTS," "INTENDS," "PLANS," "BELIEVES," "SEEKS,"
"ESTIMATES," VARIATIONS OF SUCH WORDS, AND SIMILAR EXPRESSIONS ARE
INTENDED TO IDENTIFY SUCH FORWARD-LOOKING STATEMENTS. THESE
FORWARD-LOOKING STATEMENTS ARE ONLY PREDICTIONS THAT SPEAK AS OF
THE DATE HEREOF AND ARE SUBJECT TO RISKS, UNCERTAINTIES AND
ASSUMPTIONS THAT ARE DIFFICULT TO PREDICT. THEREFORE, ACTUAL
RESULTS MAY DIFFER MATERIALLY AND ADVERSELY FROM THOSE EXPRESSED IN
ANY FORWARD-LOOKING STATEMENTS. FACTORS THAT MIGHT CAUSE OR
CONTRIBUTE TO SUCH DIFFERENCES INCLUDE, BUT ARE NOT LIMITED TO, (1)
EXPECTATIONS AS TO THE TIMING OF THE FILING OF THE REPORT ON FORM
10-K FOR THE FISCAL YEAR ENDED DECEMBER 31, 2005, (2) ANY LISTING
REQUIREMENTS WHICH MAY BE PRESCRIBED OR ANY DETERMINATION WHICH MAY
BE MADE BY THE AMERICAN STOCK EXCHANGE, (3) UNCERTAINTY OF FUTURE
FINANCIAL RESULTS, (4) ADDITIONAL FINANCING REQUIREMENTS, (5)
DEVELOPMENT OF NEW PRODUCTS, (6) GOVERNMENT APPROVAL PROCESSES, (7)
THE IMPACT OF COMPETITIVE PRODUCTS OR PRICING, (8) TECHNOLOGICAL
CHANGES, (9) THE EFFECT OF POLITICAL AND ECONOMIC CONDITIONS AND
(10) OTHER UNCERTAINTIES DETAILED IN THE COMPANY'S FILINGS WITH THE
SECURITIES AND EXCHANGE COMMISSION. YOU ARE CAUTIONED NOT TO PLACE
UNDUE RELIANCE ON THESE FORWARD-LOOKING STATEMENTS THAT SPEAK ONLY
AS OF THE DATE HEREOF. THE COMPANY UNDERTAKES NO OBLIGATION TO
REVISE OR UPDATE PUBLICLY ANY FORWARD-LOOKING STATEMENTS TO REFLECT
ANY CHANGE IN THE EXPECTATIONS OF OUR MANAGEMENT WITH REGARD
THERETO OR ANY CHANGE IN EVENTS, CONDITIONS, OR CIRCUMSTANCES ON
WHICH ANY SUCH STATEMENTS ARE BASED. Company Contact: Larry Ellis,
CAO 516/997-1155 DATASOURCE: DHB Industries, Inc. CONTACT: Larry
Ellis, CAO of DHB Industries, Inc., +1-516-997-1155, or Web site:
http://www.dhbindustries.com/ http://www.pointblankarmor.com/
http://www.pacabodyarmor.com/
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