First Enforcement of SarBox Clawback Provision - 22 July 2009

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SEC Seeks Return of $4 Million in Bonuses and Stock Sale Profits From Former CEO of CSK Auto Corp.


Enforcement Action Is First Solely Under "Clawback" Provision of Sarbanes-Oxley Act


FOR IMMEDIATE RELEASE

2009-167


Washington, D.C., July 22, 2009 — The Securities and Exchange
Commission today asked a court to order the former chief executive
officer of CSK Auto Corporation to reimburse the company and its
shareholders more than $4 million that he received in bonuses and stock
sale profits while CSK was committing accounting fraud.

The SEC's enforcement action charges Maynard L. Jenkins of
Scottsdale, Ariz., with violations of the Sarbanes-Oxley Act (SOX). It
is the first action seeking reimbursement under the SOX "clawback"
provision (Section 304) from an individual who is not alleged to have
otherwise violated the securities laws. The SOX "clawback" provision
deprives corporate executives of money that they earned while their
companies were misleading investors.


"The personal compensation received by CEOs while the companies they
serve engage in wrongdoing can be clawed back," said Robert Khuzami,
Director of the SEC's Division of Enforcement. "The costs of such
misconduct need not be borne by shareholders alone."


"Jenkins was captain of the ship and profited during the time that
CSK was misleading investors about the company's financial health,"
said Rosalind R. Tyson, Director of the SEC's Los Angeles Regional
Office. "The law requires Jenkins to return those proceeds to CSK."


According to the SEC's complaint filed in U.S. District Court for
the District of Arizona, Jenkins made $2,091,020 in bonuses and
$2,018,893 in company stock sales that should have been reimbursed to
CSK pursuant to SOX Section 304.


This is the third enforcement action in the SEC's investigation into CSK's alleged accounting misconduct. In March 2009, the SEC charged four former CSK executives with securities fraud. In May 2009, the SEC brought a settled enforcement action against CSK for filing false financial statements for fiscal years 2002 through 2004.


CSK was an automotive parts and accessories retailer headquartered
in Arizona during the relevant time period of the misconduct alleged in
the SEC's enforcement actions. In July 2008, CSK became a wholly-owned
subsidiary of O'Reilly Automotive, Inc.


According to the SEC's complaint against Jenkins, CSK was required
to prepare an accounting restatement due to its fraudulent conduct.
While Jenkins served as CEO, CSK filed two such restatements related to
its overstated vendor allowances.


The SEC alleges that, in violation of Section 304, Jenkins failed to
reimburse CSK for bonuses, or other incentive-based or equity-based
compensation, and profits from the sale of CSK stock he received during
the 12-month periods following the filing of each of CSK's fraudulent
financial statements. The SEC's complaint does not allege that Jenkins
engaged in the fraudulent conduct.


# # #


For more information, contact:


Rosalind R. Tyson

Regional Director, SEC's Los Angeles Regional Office

(323) 965-3807


Michele Wein Layne

Associate Regional Director, SEC's Los Angeles Regional Office

(323) 965-3850


Lorraine Echavarria

Assistant Regional Director, SEC's Los Angeles Regional Office

(323) 965-3914


 



http://www.sec.gov/news/press/2009/2009-167.htm

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