reports with the Commission. Rule 12b-20 further requires that in addition to the information expressly required to be included in a statement or report, there shall be added such further material information, if any, as may be necessary to make the required statements, in the light of the circumstances under which they are made, not misleading.
95.The quarterly reports (Form 10-Q) filed by C&A for the fourth quarter of 2001 through the third quarter of 2004, the annual reports (Form 10-K) filed by C&A for 2001, 2002, and 2003, and the current reports (Form 8-K) filed by C&A on March 17 and April 5, 2005, were inaccurate because they contained materially false or misleading financial information, and failed to provide such additional material information as necessary to make the statements therein not misleading, as described in Paragraphs 49-72.
96. C&A failed to file an annual report for 2004 and failed to file a quarterly report for the first quarter of 2005.
97.By reason of the foregoing, C&A violated Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1, 13a-11, and 13a-13, and unless restrained will continue to violate those provisions.
Aiding and Abetting C&A’s Violations of Section 13(a) of the Exchange
Act and Exchange Act Rules 12b-20, 13a-1, 13a-11, and 13a-13
(Stockman, Stepp, Jones, Cosgrove, McCallum,
Barnaba, Gougherty, Galante, and Williams)
98.Paragraphs 1-72 are incorporated herein with the same force and
effect as if set out in full.