Proceedings Dismissed Based On Edgar Database Error

Sutton Resources, Ltd., Exchange Act Rel. 34-63691 (January 11, 2011)

The Commission instituted proceedings to revoke the Exchange Act registration of Sutton due to the company's failure to file periodic reports. The Division of Enforcement moved to dismiss the proceedings and noted that the company had attempted to file a withdrawal of its registration but that the withdrawal was not properly reflected in the Commission's Edgar database. Since the withdrawal was effective, there was no jurisdiction over the company.

Commission computer databases are notoriously inaccurate. When I was at the agency it was common for there to be egregious errors in the computerized records of officer and director securities transaction filings (Forms 3 and 4) - often filed documents were not even reflected in the computerized records.

Read more commentary on SEC administrative opinions at SEC Tea Party, a blog by Robert Fusfeld.