SEC Comment Letter for OBSIDIAN ENTERPRISES INC (CIK 0000825521) — Oct 21, 2005
OBSIDIAN ENTERPRISES INC (CIK 0000825521)
Date: Oct. 21, 2005 · CIK: 0000825521 · Accession: 0000000000-05-053758
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<TYPE>LETTER
<SEQUENCE>1
<FILENAME>filename1.txt
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October 21, 2005
Mr. Rick D. Snow
Executive VP and CFO
Obsidian Enterprises, Inc.
111 Monument Circle, Suite 4800
Indianapolis, IN 46204
RE: Form 8-K Item 4.01 filed October 20, 2005
File # 0-17430
Dear Mr. Snow:
We have reviewed your filing and have the following comments.
Where indicated, we think you should revise your documents in
response to these comments. If you disagree, we will consider
your
explanation as to why our comment is inapplicable or a revision
is
unnecessary. Please be as detailed as necessary in your
explanation. In some of our comments, we may ask you to provide
us
with information so we may better understand your disclosure.
After reviewing this information, we may or may not raise
additional comments.
Please understand that the purpose of our review process is
to
assist you in your compliance with the applicable disclosure
requirements and to enhance the overall disclosure in your
filing.
We look forward to working with you in these respects. We
welcome
any questions you may have about our comments or on any other
aspect of our review. Feel free to call us at the telephone
number
listed at the end of this letter.
1. Regarding the material weaknesses that were disclosed in your
Form 8-K, please describe the nature of each material weakness
and
the amounts involved, as applicable. Also, tell us:
a. in what period each material weakness and accounting error or
misapplication of GAAP occurred,
b. the amount of each accounting error and misapplication of
GAAP,
c. the reason(s) for each error or misapplication of accounting,
d. whether or not you intend to restate any prior period for any
adjustments. If not, tell us why not, and
e. in detail, all the steps you have taken (or plan to take) and
procedures you have implemented (or plan to implement) to
correct
each concern.
2. Please provide us with a schedule of your fiscal year end
fourth
quarter adjustments to close the books, or adjustments recorded
in
connection with or as a result of the audit. Clearly explain
the
reason for each adjustment. For each adjustment, show us the
impact on pre-tax net loss. Quantify the net effect of all
adjustments on pre-tax net income (loss). Also, tell us why
none
of the adjustments relate to prior period. Explain in detail
why
you believe the timing of each adjustment is appropriate.
3. Please provide us with any letter or written communication to
and from the former accountants regarding any disagreements or
reportable events to management or the Audit Committee.
4. To the extent that you make changes to the Form 8-K to comply
with our comments, please obtain and file an updated Exhibit 16
letter from the former accountants stating whether the
accountant
agrees with the statements made in your revised Form 8-K.
*****
We urge all persons who are responsible for the accuracy and
adequacy of the disclosure in the filing to be certain that the
filing includes all information required under the Securities
Exchange Act of 1934 and that they have provided all information
investors require for an informed investment decision. Since
the
company and its management are in possession of all facts
relating
to a company`s disclosure, they are responsible for the accuracy
and adequacy of the disclosures they have made.
In connection with responding to our comments, please provide,
in
writing, a statement from the company acknowledging that
* the company is responsible for the adequacy and accuracy of
the
disclosure in the filing;
* staff comments or changes to disclosure in response to staff
comments do not foreclose the Commission from taking any action
with respect to the filing; and
* the company may not assert staff comments as a defense in any
proceeding initiated by the Commission or any person under the
federal securities laws of the United States.
In addition, please be advised that the Division of Enforcement
has
access to all information you provide to the staff of the
Division
of Corporation Finance in our review of your filing or in
response
to our comments on your filing.
Please file your response via EDGAR in response to these
comments
within 5 business days of the date of this letter. Please note
that if you require longer than 5 business days to respond, you
should contact the staff immediately to request additional time.
You may wish to provide us with marked copies of each amended
filing to expedite our review. Direct any questions regarding
the
above to the undersigned at (202) 551-3866.
Sincerely,
Jeffrey Gordon
Staff Accountant
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Rick D. Snow
Executive VP and CFO
October 21, 2005
Page 1
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549-7010
DIVISION OF
CORPORATION FINANCE
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