New Constructs includes off-balance sheet debt in all of its reports and adjusts the reported earnings of all companies for this misleading accounting practice.
The brothers face five charges of engaging in a commercial practice which is a misleading action and three charges of engaging in a commercial practice which is a misleading omission.
The Federal Communications Commission defines cramming as the practice of placing unauthorized, misleading or deceptive charges on your telephone bill.
The former executive chairman of the company, Les Hinton, admitted earlier this year that previous evidence suggesting the practice was restricted to one reporter had proven inaccurate, but denied misleading the committee.