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The AAO Weblog covers accounting issues and current events as they relate the practice of investment analysis.

 
 
Jul 21

Written by: Jack Ciesielski
7/21/2006 8:01 AM 

No need to wonder any longer. And no need to mix up "Brocade" with "Broadcom." Get it straight: Brocade Communications is the first company to face civil and criminal charges. The former CEO/president/chairman, Gregory Reyes, the former VP-Human Resources, Stephanie Jensen and former CFO, have all been named in separate suits brought by the US Attorney's office and the SEC.

Being the first case brought regarding backdating, you'd expect it to be the strongest case that could be presented out of the passel of companies under investigation - and it probably is. "Probably" because we don't know what's been uncovered in the other investigations - but from the looks of the SEC's complaint, this one has all the ingredients of a good hand for the prosecution. CEO Reyes acted as a one-man compensation committee; he enlisted Jensen's help in backdating option documents (and she understood the implications); Reyes benefitted personally from the options backdating scheme.

The firm issued misleading financial statements that investors relied upon. When the firm made a restatement of results in January 2005, the 2004 results showed an increase in net loss from $2 million to $32 million. The 2003 net loss increased from $136 million to $147 million, but the 2002 net income increased by $60 million to $126 million. For the period between 1999 to 2001, cumulative income declined by a total of $304 million. During the period, CEO Reyes and CFO Canova knew the statements were misleading, yet represented to the auditors that they'd provided them with factually correct, non-fraudulent information for the audits and also signed off on the certifications of the 2002 and 2003 10-K annual reports.

There doesn't seem to be a lot of gray area here, though I'm sure the defendants' counsel will devise some. You've got a case involving long-established accounting principles and blatant document-doctoring to make the transactions support the accounting result that was desired. There was personal gain, and there were outright lies to investors through the financial statements. The only question is: what about the activity like this that may have been occurring in companies that haven't been investigated?

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Pension & Other Benefit Plans: A Look Ahead


    Investors in firms with defined benefit pension plans always face the risk of suddenly being pushed farther back in line when it comes to being served their returns. Variability in plan assets and variability in benefit plan obligations are the reason: poor asset returns coupled with sinking interest rates always spell tough times for defined benefit plan funding. In that regard, this year’s asset returns combined with the Fed’s “Operation Twist” add up to “Operation Agony” for defined benefit pension plans. If trends continue along their current path, firms that may have anticipated moving to more realistic pension accounting - like Honeywell, AT&T and Verizon already have done - might forego that decision. It could be just too painful. 

    Pensions aren’t the only kind of benefit plan affected by Operation Twist. Other postemployment benefit (OPEB) plans share much the same accounting model as pensions, including the calculation of a projected benefit obligation that similarly incorporates a discount rate - one that will also be affected by Operation Twist. The net OPEB obligations were slightly less than pension obligations at the end of 2010, but also promise to grow in 2011. Investors perceive them as less threatening than pension obligations because they don’t require funding. Strangely, there are a number of firms that are recognizing income from these benefit plans - without ever creating a dime of cash for investors.

A recent edition of The Analyst’s Accounting Observer dissects these issues, and is available only to paid subscribers. A condensed version is available for free upon request. To receive it, send an e-mail to Brenda Rappold at brappold@accountingobserver.com, with “PENSIONS” in the subject line.

For information about subscribing to The Analyst’s Accounting Observer, click here.