13.10.2014 Views

The Regents - University of California | Office of The President

The Regents - University of California | Office of The President

The Regents - University of California | Office of The President

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

1<br />

2<br />

3<br />

4<br />

5<br />

6<br />

7<br />

8<br />

9<br />

10<br />

11<br />

12<br />

13<br />

14<br />

15<br />

16<br />

17<br />

18<br />

19<br />

20<br />

21<br />

22<br />

23<br />

24<br />

25<br />

26<br />

27<br />

28<br />

misrepresented the financial condition <strong>of</strong> WorldCom through filings with the SEC,<br />

annual statements, press releases, analyst statements, and other documents<br />

provided to the public.<br />

94. As the Defendants knew from their close relationship with<br />

WorldCom, WorldCom was always an aggressive company that engaged in illegal<br />

activity. For example, according to a July 8, 2002 article in Time, the Mississippi<br />

Attorney General investigated WorldCom and discovered that its employees, at<br />

Ebbers direction, made a series <strong>of</strong> campaign contributions which were illegally<br />

reimbursed by the company. In 1995, WorldCom pled guilty to a felony charge<br />

and paid a $120,000 penalty.<br />

95. From WorldCom’s beginnings through 2002, WorldCom manipulated<br />

its financial statements to show increasing revenues. Its purported extraordinary<br />

growth was a fraud and its financial statements were false.<br />

96. <strong>The</strong> Defendants accomplished the scheme to defraud through mergers<br />

and acquisitions which allowed revenues to be inflated and expenses minimized.<br />

From at least 1994 through 2002, financial manipulations rather than real growth<br />

made WorldCom appear to be a successful company.<br />

97. For example, through the mergers from at least 1994 through 2002,<br />

WorldCom, with the substantial assistance <strong>of</strong> Defendants, was able to improperly<br />

record extraordinary charges or capitalized expenses that it could hide through<br />

mergers. As a result, WorldCom’s expenses on its financial statements were<br />

understated. WorldCom, with the substantial assistance <strong>of</strong> Defendants during the<br />

period from at least 1994 through 2002, overvalued assets, including goodwill.<br />

WorldCom, with the substantial assistance <strong>of</strong> Defendants, shifted revenue.<br />

Revenues which should have been recorded in a quarter before a merger were<br />

improperly booked in the quarter after the acquisition so that WorlCom could<br />

claim the revenue and make it appear as if the acquisition had real benefits to<br />

38<br />

COMPLAINT

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!