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Dell admits to overstating its earnings between 2003 and 2006

2007 hasn't been an especially kind year to Dell. In January, CEO Kevin Rollins stepped down and was replaced by Dell founder Michael Dell. The company then faced accusations that it had received illegal kickbacks from Intel and later delayed its 10-K SEC filing due to accounting inconsistencies. In addition, Dell was accused in May of deceiving its customers with "bait-and-switch" tactics

Earlier this month, DailyTech reported that Dell ran into production snags with its new 13.3" XPS M1330 notebook. The hot item was hampered by a complex painting process for Pearl White and Crimson Red color options and shortages of the LED-backlit display.

The fact that Dell didn't foresee these problems before regular production began is quite perplexing. That being said, it appears that production problems with the XPS M1330 aren't the only troubles surrounding Dell these days.

Dell today dropped another bombshell on the world when it announced that senior management routinely embellished the company's quarterly financial reports. The fraudulent actions took place between 2003 and 2006 according to Dell. It should be noted that 2006 was the year that Dell acquired Alienware and lost its "number one PC builder" crown to Hewlett-Packard.

The "accounting errors and irregularities" were discovered by an Audit Committee investigation and Dell management. The team was comprised of 375 professionals whom conducted investigations at Dell's major operational centers around the globe. Over 200 personnel interviews were conducted and over five million documents were examined.

It was found that net income was overstated by between $50 to $150 million USD during the period. On a quarterly basis, Dell overstated its net income and earnings per share (EPS) the most during fiscal Q1 2003 and fiscal Q2 2004. During those quarters, net income and EPS were overstated by as much as 13 percent.

"The investigation identified evidence that certain adjustments appear to have been motivated by the objective of attaining financial targets, said Dell in a press release. "According to the investigation, these activities typically occurred at the close of a quarter. The investigation found evidence that, in that timeframe, account balances were reviewed, sometimes at the request or with the knowledge of senior executives, with the goal of seeking adjustments so that quarterly performance objectives could be met."

"The rigorous examination of our accounting and finance processes, along with the remedial actions taken and planned, have made and will continue to make Dell a far stronger company and provide a solid foundation on which to move the business forward, reinforce our standards and focus our energy on serving our customers," said Dell vice chairman and CFO Donald J. Carty.

As a result of the investigation, Dell is implementing a number of policies to ensure that its financial performance is accurately reported in the future. The company laid out four key points -- Leadership, People, Structure and Process -- to aide in putting the company back on track.

"We are committed to achieving and maintaining a strong control environment, high ethical standards and financial reporting integrity," said Dell chairman and CEO Michael Dell. "This commitment will be communicated to every Dell employee and external stakeholder. It is accompanied by renewed management focus on decision-making and processes intended to drive long-term shareholder value."

This latest news from Dell comes just days after it was announced that ex-CEO Kevin Rollins will receive $48 million USD in cash from his stock options with the company.



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Sell
By jak3676 on 8/17/2007 11:37:44 AM , Rating: 3
Oddly enough it was that same time period that started recommending HP instead of Dell.

I've always built my own systems, but I've never been able to keep up with the demand from family and friends. For a cheap, low-end system with decent tech support I used to recommend Dell, but a few years ago they started having all kinds of problems. Then they outsourced all their tech support. HP doesn't have any better tech support, but they haven't had the production issues that Dell has. Maybe just my personal experience




RE: Sell
By jak3676 on 8/17/2007 11:45:12 AM , Rating: 5
Of course it should be noted that taking a 150 million charge will not by itself affect the stock price. With the big news today being the fed rate cut, their stock will only go higher today. This is probably a good day to release bad news.


RE: Sell
By Phynaz on 8/17/2007 1:59:05 PM , Rating: 2
This news was released yesterday.
DT is usually 1 -2 days behind other sites in their news reporting.


RE: Sell
By HardwareD00d on 8/19/07, Rating: -1
RE: Sell
By HardwareD00d on 8/19/07, Rating: -1
RE: Sell
By PrimarchLion on 8/19/2007 3:36:41 PM , Rating: 2
I agree, and by posting this message I cannot rate these prior posts up, but its the thought that counts right?


RE: Sell
By Hoser McMoose on 8/17/2007 12:37:02 PM , Rating: 3
Interesting point about outsourced tech support: I used to work for a company that HP outsourced their tech support too (in North America still, just an outsourced company). While working there some of my co-workers were pulled off the phones for HP support to help ramp up a project to do Dell support. Later HP decided to move some of the support elsewhere and many of my former co-workers switched over to Dell support.

So yeah, support between HP and Dell? It's pretty much identical. Slightly different policies here and there, but even those aren't much different.

As a bit of a note about outsourcing in general, a lot of times the outsourced groups were providing BETTER support (as per customer feedback at least) than the actual company employees. And keep in mind that local vs. foreign definitely is not the same as in-company vs. outsourced. As mentioned above, I was working in North America with an outsourced company while some support for North American systems was handled overseas by actual HP employees.


Lawsuit?
By techfuzz on 8/17/2007 11:36:40 AM , Rating: 3
I sense a class action lawsuit by Dell shareholders about to be filed...




RE: Lawsuit?
By jak3676 on 8/17/2007 11:39:35 AM , Rating: 3
That would be the 2nd one. They already have a class action lawsuit from their investors from not disclosing that they were getting a billion a year from Intel.


RE: Lawsuit?
By giantpandaman2 on 8/17/2007 1:32:57 PM , Rating: 2
Sue Rollins, not Dell. :) (Yeah, I know it has very little legal basis...but that doesn't mean that I wouldn't like to see his wallet emptied.)


RE: Lawsuit?
By darkpaw on 8/17/2007 1:51:30 PM , Rating: 3
Might have more basis then it used to, Sarbanes requires execuatives to take personal responsibility for the financial statements. Not sure if that means you can sue them directly, but if he signed off on it I think there might be some kind of a case.


Little bunny Max says:
By Polynikes on 8/17/2007 1:18:46 PM , Rating: 4
Ooh, I love watching corporate heads roll!




RE: Little bunny Max says:
By sdsdv10 on 8/17/2007 1:54:18 PM , Rating: 3
Boy, if leaving with a $48 million pay day is having your "head roll", where's my axe? :)


RE: Little bunny Max says:
By Polynikes on 8/17/2007 7:56:00 PM , Rating: 2
Well someone's gotta pay. If not the departed CEO then someone else.


RE: Little bunny Max says:
By SiliconAddict on 8/19/2007 11:15:02 PM , Rating: 2
Yah probably Bob the janitor.


Remember CA ?
By crystal clear on 8/18/2007 2:43:31 AM , Rating: 2
Could this be a repeat of-(if not of exact nature)

Former CA CEO Kumar To Start 12-Year Prison Sentence

The executive was sentenced last November based on his conviction on eight counts of securities fraud, obstruction of justice, and false statements. A jury found that Kumar presided over a scheme to falsely inflate CA's quarterly sales numbers by adopting a 35-day month internally. CA was formerly known as Computer Associates.

Along with the imprisonment, Kumar was ordered to pay an $8 million fine. And this past April, a court ordered Kumar to make restitution for up to $800 million in losses suffered by investors who lost money as a result of his accounting fraud scheme.

"The integrity of U.S. financial markets depends on corporate executives accurately reporting their companies' performance to the investing public," said U.S. Attorney Roslynn R. Mauskopf, in a written statement. "In violation of the shareholders' trust and federal securities laws, the defendant persistently misrepresented the company's financial position and orchestrated a pervasive cover-up scheme."

Six of Kumar's fellow executives at CA have pleaded guilty to criminal charges related to the case, and the company itself has agreed to contribute $225 million to the victims' fund. To date, more than 95,000 people have made claims against the fund.

Kumar also has agreed to pay CA $15 million to reimburse the company for legal fees it spent on his defense.



http://www.informationweek.com/news/showArticle.jh...




RE: Remember CA ?
By Ringold on 8/18/2007 10:53:00 PM , Rating: 1
While I understand the need for some punishment.. there's something about sending older men, often with families and with zero criminal history (if not even the occasional charitable donation) to jail for such long periods of time over these types of crimes.

That prison cell would be much better used to house hardened criminals, not over-ambitious white-collar types that probably never hurt anyone in their lives in any traditionally criminal way and, thanks to a felony on his record, will never again be put in a position to repeat past transgressions against the financial markets.

Who would ever give these guys a top management job again? Other than that, how could they then repeat the crime? Set up a lemonade stand and lie to his wife saying he sold 50 cups at .55c each when really he sold 45 at .50?

Martha Stewart has returned to the corporate world but you don't see her at the helm either.


RE: Remember CA ?
By crystal clear on 8/18/2007 11:08:20 PM , Rating: 2
You have a valid argument there.

Wonder if anybody in the legal system think the same way ?

I wish they could read your comment .


RE: Remember CA ?
By rcc on 8/20/2007 12:42:34 PM , Rating: 1
I don't entirely disagree. However, in a lot of these cases, the ill-gotten gains are not recoverable. A jail sentence becomes the only way to prevent the criminally inclined from skipping town/country and living it up.

At least with the jail sentence, the victims have hopes that whoever it is will receive conjugal visits from Bubba.


RE: Remember CA ?
By Enigma1776 on 8/22/2007 12:08:20 PM , Rating: 2
Ringold, you have to be kidding?! You actually said:
"While I understand the need for some punishment.. there's something about sending older men, often with families and with zero criminal history (if not even the occasional charitable donation) to jail for such long periods of time over these types of crimes." Well... yes, that is the idea. Send them to jail and make them serve the same horrible time that some poor non-white kid would serve. I ask you, what is worse... this crook getting what he deserves for stealing massive amounts of money from people and ruining them, or some black kid with a hand full of crack? What is more damaging to society? Please do not forget that this man is no better than any of the hardened criminals that you compare him to, in fact he is worse because most of those criminals only hurt 1 or a few people at a time, but this guy and his ilk hurt our entire economy and country. How many people lost money for their pensions because of the losses that this man willfully caused? Also, do you think that at his age that this man is likely to be rehabilitated any more than the hardened criminal you compared him to? If you say yes, then I guess Ken Lay was really not that bad after all. Let the punishment fit the crime. So what if you can personally relate to these crooks. I can't!


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