Beazer Homes USA Inc., the home builder that in 2008 settled U.S. allegations that it misstated earnings, received notice that the Securities and Exchange Commission may sue Chief Executive Officer Ian J. McCarthy to collect compensation paid to him.

McCarthy plans to respond with reasons the SEC should not proceed, Beazer said Monday. The Atlanta company was not named in the so-called Wells notice.

In announcing a settlement with Beazer in September 2008, the SEC said "Beazer, acting through certain of its officers and employees, fraudulently misstated its net income for the purpose of improperly managing its quarterly and annual earnings."

Beazer did not admit any wrongdoing in settling the case, which the SEC said involved accounting practices from 2000 through 2007.

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