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The Regents - University of California | Office of The President

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WorldCom did not achieve its growth by following a<br />

predefined strategic plan, but rather by opportunistic and<br />

rapid acquisitions <strong>of</strong> other companies. <strong>The</strong> unrelenting<br />

pace <strong>of</strong> these acquisitions caused the Company<br />

constantly to redefine itself and its focus. <strong>The</strong><br />

Company’s unceasing growth and metamorphosis made<br />

integration <strong>of</strong> its newly acquired operations, systems and<br />

personnel much more difficult. This dramatic growth<br />

and related changes also made it difficult for investors to<br />

compare the Company’s operations to historical<br />

benchmarks.<br />

V. WORLDCOM’S FINANCIAL STATEMENTS<br />

A. Financial Statements Must Be Prepared According to GAAP<br />

47. As a publicly traded company, WorldCom was required to file<br />

reports, including financial statements, with the SEC. <strong>The</strong> SEC requires that these<br />

financial statements be prepared according to Generally Accepted Accounting<br />

Principles (“GAAP”). See Regulation, S-X, 17 C.F.R. § 210.01(a)(1) (annual and<br />

quarterly financial statements filed with the SEC must comply with GAAP).<br />

GAAP are recognized and used by the accounting pr<strong>of</strong>ession in order to define<br />

acceptable accounting practices at a particular time. Statements <strong>of</strong> Financial<br />

Accounting Standards (“FAS”) are the highest authority in GAAP and are created<br />

by the Financial Accounting Standards Board. GAAP provides other authoritative<br />

pronouncements, including Accounting Principles Board Opinions (“APB”) and<br />

Statements <strong>of</strong> Position (“SOP”) <strong>of</strong> the American Institute <strong>of</strong> Certified Public<br />

Accountants (“AICPA”).<br />

48. If SEC filings do not comply with GAAP, they are presumed to be<br />

misleading and inaccurate, despite footnote or other disclosures.<br />

49. According to WorldCom’s filings with the Securities and Exchange<br />

Commission, press releases and Annual Reports, WorldCom represented to the<br />

investing public that it was a pr<strong>of</strong>itable, growing company. In SEC filings, press<br />

releases and in Annual Reports, WorldCom represented that it had net income<br />

applicable to common shareholders <strong>of</strong> $3,941,000,000 in 1999; $4,088,000,000 in<br />

2000; and $1,384,000 in 2001.<br />

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COMPLAINT

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