FOX LAW OFFICES, P.A.
561 NE Zebrina Senda
Jensen Beach, Florida 34957
Telephone: (772) 225-6435
July 3, 2014
United States Securities and Exchange Commission
Division of Corporation Finance
100 F Street, N.E.
Washington, D.C. 20549
Attn: Tia L. Jenkins, Senior Assistant Chief Accountant
Re: | ScripsAmerica, Inc. Form 10-K for the Year Ended December 31, 2013 Filed April 15, 2014 File No. 000-54550 |
Dear Ms. Jenkins:
This letter is a response to the Staff’s comment letter dated June 16, 2014 (the “Staff Letter”) on the Form 10-K for the year ended December 31, 2013 (the “10-K Filing”) of ScripsAmerica, Inc. (the “Company”) filed with the Securities and Exchange Commission on April 15, 2014. The item number below corresponds to the item number in the Staff Letter. For convenience we have reproduced the text of the comment and provided the Company’s response immediately below the text.
Form 10-K for the Year Ended December 31, 2013
Item 9A. Control and Procedures, page 42
(c) Management's Report on Internal Control Over Financial Reporting, page 42
1. | We note your disclosures regarding the material weaknesses you have identified in your internal control over financial reporting. However, you have not included your conclusion on the effectiveness of your internal control over financial reporting as of December 31, 2013 as required by Item 308(a) of Regulation S-K. Please provide us with and confirm that in future filings you will include your assessment of the effectiveness of your internal control over financial reporting as of the end of your most recent fiscal year end as required by Item 308(a) of Regulation S-K. |
Response: The Company hereby confirms that as a result of the material weaknesses described in Item 9A of its 10-K Filing the Company’s management has concluded that as of December 31, 2013 the Company did not maintain effective internal control over financial reporting based on the criteria establishedinInternal Control — Integrated Frameworkissued by the Committee of Sponsoring Organizations of the Treadway Commission. The Company hereby confirms that it will include in future filings its assessment of the Company’s internal control over financial reporting as of the end of its most recent fiscal year end as required by Item 308(a) of Regulation S-K.
U.S Securities and Exchange Commission
Division of Corporation Finance
July 3, 2014
Page 2
The Company has annexed to this response letter the Company’s Tandy representations required by the Staff Letter. The Company respectfully submits via EDGAR the foregoing response to the Commission as requested by the Staff Letter.
Please call me at (772) 225-6435 if you have any comments on the information provided herein or if we can furnish any additional information or otherwise be of assistance.
Very truly yours, | |
/s/Richard C. Fox | |
Richard C. Fox, Esq. |
cc: Mr. Robert Schneiderman
Annex A
ScripsAmerica, Inc.
Corporate Office Centre Tysons II
1650 Tysons Boulevard, Suite 1580
Tysons Corner, VA 22102
July 3, 2014
Tia L. Jenkins
Senior Assistant Chief Accountant
Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549
Dear Ms. Jenkins:
Pursuant to your letter dated June 16, 2014 addressed to the undersigned with respect to the Annual Report on Form 10-K for the year ended December 31, 2013 of ScripsAmerica, Inc. (the “Company”), Commission File No. 000-545550 (the “filing”), the Company hereby acknowledges 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. |
Respectfully submitted,
SCRIPSAMERICA, INC.
By: /s/ Robert Schneiderman
Robert Schneiderman
Chief Executive Officer