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The Regents - University of California | Office of The President

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103. If a company maintains reserves which are not probable and<br />

reasonably estimable exposures, then the reserves are not recorded in conformity<br />

with GAAP.<br />

104. Beginning in or about 1999, WorldCom improperly used reserve<br />

accounts as a slush fund. WorldCom took reserves for potential losses for bad<br />

debt, court judgments and other contingencies, and improperly drew down those<br />

reserves and used the money to inflate pr<strong>of</strong>its. In 2000 and 2001, WorldCom<br />

improperly reduced their reserve levels to generate an artificially high level <strong>of</strong> net<br />

income. WorldCom had been able to increase its reserves because <strong>of</strong> its mergers<br />

and acquisitions.<br />

B. Improper Accounting for Line Costs<br />

105. By the first quarter <strong>of</strong> 2001, WorldCom was not able to convert<br />

sufficient amount <strong>of</strong> reserves to income and thus the executives at WorldCom<br />

looked for another way to inflate income. <strong>The</strong>y decided, with the agreement and<br />

assistance <strong>of</strong> the Defendants, on a scheme to capitalize Line Costs which were a<br />

significant portion <strong>of</strong> WorldCom’s operating expenses on its Consolidated<br />

Statements <strong>of</strong> Operations. Line Costs represent the various fees WorldCom paid<br />

to third-party telecommunications carriers for WorldCom's right to access the<br />

third-party's network facilities in order to serve customers.<br />

106. Under GAAP, these fees must be reported as an expense in the year in<br />

which they were incurred because they are a cost. See FASB Statement <strong>of</strong><br />

Concepts No. 5, 85.<br />

107. Until approximately the first quarter <strong>of</strong> 2001, WorldCom reported<br />

Line Costs as an expense. Beginning in or about the first quarter <strong>of</strong> 2001, in order<br />

to manage earnings to meet analyst’s expectations, WorldCom began capitalizing<br />

the Line Costs rather than recording them as an expense. <strong>The</strong> following chart<br />

shows the amount <strong>of</strong> Line Costs that WorldCom reported in its financial<br />

statements compared with its actual line costs:<br />

41<br />

COMPLAINT

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