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Posts with tag sec

Broadcom cofounder Henry Samueli reaches plea agreement, admits he lied to SEC


Broadcom's former management team is still in a heap of trouble over falsified financial statements, but it looks like co-founder Henry Samueli has managed to reach a plea deal with the Feds that'll keep him out of jail -- he's admitted that he misstated Broadcom's finances and knowingly backdated stock options issued to executives, and he'll be fined some $12M plus an additional $250K, as well as serve five years' probation. The court hasn't yet approved the deal, but compared to the "warehouse of meth" antics of Henry T. Nicholas III, Broadcom's other co-founder, a little accounting chicanery seems positively straightlaced, you know?

Another Apple shareholder files backdating lawsuit

After the SEC more or less cleared Apple of those pesky backdating charges and a California court dismissed a shareholder class-action lawsuit accusing the company of improper accounting procedures, it looked like the good times were over, but fear not: another institutional investor has filed suit against Apple alleging the company cooked the books. The Boston Retirement Board filed suit in the Santa Clara County Superior Court, saying that it has investigated the matter and turned up even more evidence, which it can't reveal until the court decides how to handle confidential information. All it will say is that it has proof that "all of Apple's directors were aware of and participated in the backdating scheme," which isn't really new news -- and we're wondering what new information could have turned up that the SEC didn't find in its lengthy, much-watched investigation. Still, it looks like this is the story that won't go away -- anyone ready for some more hot accounting nights?

Steve Jobs subpoenaed over stock option backdating

It's not easy being Steve Jobs. When you're not jet-setting around the world, introducing your disappointing EDGE-only iPhone to the European market, you're getting subpoenaed by US securities regulators over a lawsuit concerning stock option backdating. According to reports, El-Jobso has been called in for the US Securities and Exchange's case against former Apple general counsel Nancy Heinen over backdating option grants to Jobs and other executives. Apparently, Heinen is looking for 45 depositions for the case, though the SEC is hoping to limit that to 12 (per party). SEC lawyers are claiming that Heinen and former Apple Chief Financial Officer Fred Anderson (of Elevation Partners fame) backdated more than $20 million in stock options in 2001 for Jobsy, themselves, and other executives. Anderson -- who's already paid $3.5 million in fines -- claims he was given permission by Jobs himself to backdate the options. An internal Apple review claims it found two questionable stock options awarded to Jobs, but found no wrongdoing on his part. For Jobs' sake, let's hope he stays out of the slammer -- a pretty face like that won't last long on the inside.

[Thanks, Randall]

Dell admits to 4 years of financial malfeasance -- up to $150 million to be scrubbed

It's already been a rough year for Dell's dwindling market share much to the delight of HP and Apple. Now, as followup to the evidence of accounting errors and misconduct announced back in March, Dell has admitted that their senior / executive management regularly falsified quarterly financial returns from 2003 to 2006. In a filing with the SEC, Dell admits that "account balances were reviewed, sometimes at the request of senior executives, with the goal of seeking adjustments so that quarterly objectives could be met." In only one case did Dell actually invent sales numbers, usually, the shifty accounting involved the recognition of revenue earlier than appropriate. Dell must now reduce its reported net income for the period by as much as $150 million with the biggest downward restatements hitting Q1 2003 and Q2 2004 by 10 to 13 percent -- other quarters are expected to be 5 percent or less. It's unclear whether any of the management responsible for, or engaged in this malfeasance are still employed by Dell. Dell's CFO only said that "disciplinary action had been taken" and that current management and the board are "comfortable we have taken steps necessary to make sure this never happens at Dell again." Dell's stock is actually up a few points in pre-market trading which could be a sign that investors aren't too concerned by the piddley restatement (Dell posted $12 billion in net income during the period in question) and are stoked to see Dell finally move forward, undistracted. That is, if the SEC agrees. We'll see how the stock does once investors wake to the latest fetor to seep outta Austin this side of SXSW.

Xbox 360 exec Robbie Bach's personal red ring of death: insider sales?

Robbie Bach, Microsoft's executive in charge of the Xbox game console, raised a few eyebrows recently when he sold millions in Microsoft stock just prior to going public with Xbox 360 woes. In a review of SEC filings, Robbie sold some $6.2 million worth of company stock between May 2 and Microsoft's July 5th announcement of charges exceeding $1 billion for Xbox 360 repairs. It is of course perfectly normal for high-ranking corporate execs to turn over company stock. However, this is typically done according to a schedule in order to deflect concerns over insider trading -- Bach's trades followed 8 months of zero sales. Microsoft's stock did not make a significant move after the announcement which, in legal hindsight, has led some insider watchdogs to give Robbie the benefit of the doubt. We'll see if the SEC is so forgiving.

SEC to fine Nortel up to $100 million for shady accounting

Looks like a heartfelt apology just wasn't enough for the SEC -- the agency is expected to fine formerly high-flying communications company Nortel up to $100 million this week for inflating revenue on quarterly reports by an estimated $3.4 billion. The SEC is also suing a handful of former Nortel executives who approved the bogus numbers, allegedly to trigger bonuses for themselves. Nortel just settled several outstanding class-action lawsuits from shareholders for slightly more than $2 billion, so another $100 mil probably seems like a drop in the bucket at this point, but here's hoping this whole sad chapter is over -- we still want to see that MIMO WiMAX rig start shipping.

NVIDIA faces barrage of civil lawsuits

Those price fixing allegations that AMD and NVIDIA were facing late last year may have vanished from the forefront of your memory, but you can rest assured that the legal teams connected to the two are still workin' overtime to clean things up. Apparently, NVIDIA has been slapped with as many as 51 civil complaints over "price fixing and anti-competitive agreements, among other things," and on its March 16th filing with the SEC, the firm states that "42 civil complaints as of March 14 were filed against it on the same allegations." Notably, the outfit did state that the "lawsuits are putative class-actions," and unsurprisingly felt that they were all lacking merit and would be fought vigorously. Tsk, Tsk.

[Via Gearlog]

New York Attorney General files Dell deception lawsuit

New York Attorney General Andrew Cuomo has filed a lawsuit against Dell, accusing the company of false advertising, failure to honor rebates and warranties, and several other fraudulent acts (including the specific, legally defined crime of "fraud" in New York). Dell is quite unsurprisingly contesting the suit, saying that "we are confident that our practices will be found to be fair and appropriate," and that the number of customers named in the Attorney General's filing "are based upon a small fraction of Dell's consumer transactions." Dell spokesman Bob Pearson makes sure to say that "even one dissatisfied customer is too many," which sorta makes his earlier statement about the number of affected customers being small meaningless: especially since if the claimants are successful, this'll make at least two dissatisfied Dell customers. As one of America's largest corporations, Dell has been the subject of many lawsuits, although not all are filed by Attorneys General. That said, Pearson has made certain that this recent suit is not related to the Security and Exchange Commission's ongoing investigations into Dell's accounting practices. Well, that's a relief then.

Dell finds evidence of accounting errors and misconduct

RuRow Raggy -- in a wee-hour, tail-between-the-legs announcement, Dell just admitted financial "accounting errors" and "evidence of misconduct." This, after a months-long, independent review by the company's internal audit committee which, incidentally has yet to complete its investigation. It's not clear if any of this will require the restatement of previous earnings reports although second, third and fourth quarter statements from Dell all remain preliminary and have yet to be filed with the SEC. An analyst said to have spoken to Dell's management about the matter in "general terms" calls the situation "serious" but "not life threatening" to Dell. However, we'd feel a bit better if s/he had talked to the SEC instead. After all, they've been probing Dell's financials since August of 2005. It's also not clear if the alleged Intel kickbacks play any role in the matter. However, the resignations of both Dell's former CFO and Kevin Rollins (former CEO) in recent months is starting to look suspiciously familiar. Hey, welcome back Michael, aren't you glad you came?

[Thanks, LordFarkward]

Apple takes $84 million charge, defends Steve Jobs in options scandal

While Apple's surely enjoying the perks of having a monumental amount of iPods unwrapped just days ago, everything's not exactly kosher in Cupertino. Aside from the mysterious mouse the firm just patented, the company is facing another bevy of off-the-wall lawsuits, all while trying to fish its CEO out of potentially hot water. After the Securities and Exchange Commission found that ole Steve was granted 7.5 million stock options without the proper authorization of Apple's board of directors in 2001, there was widespread speculation that Mr. One More Thing may suffer the same fate as Apple's former CFO Fred Anderson, who resigned after a similar debacle in 2004. It seems, however, that things just might work out okay after all, as Apple finally filed its required forms with SEC, recognizing a "total additional non-cash, stock-based compensation expense of $84 million after tax, including $4 million and $7 million in fiscal years 2006 and 2005, respectively." Aside from taking the lofty charge, the company also stated that while Jobs was "aware of the favorable grant date recommendations, he did not financially benefit from these grants or appreciate the accounting implications." So all those out there holding your breath to see if Macworld would ever be the same if this went south, it looks like we'll be seeing jeans and a black shirt all over again in just a few weeks.



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