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The Regents - University of California | Office of The President

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124. A series <strong>of</strong> e-mails, discovered by the internal audit which are<br />

attached as Exhibit “B,” demonstrates how the scheme may have been hatched and<br />

that the accounting was done to meet analysts’ expectations.<br />

125. In an July 25, 2000, e-mail from Accounting Department member<br />

Tony Minert to David Myers, WorldCom’s Controller and Senior Vice <strong>President</strong><br />

and Bufford Yates, WorldCom’s Director <strong>of</strong> General Accounting, Minert asks<br />

whether they can capitalize costs for excess capacity based on an e-mail that he<br />

had received advising that “if we could capitalize that piece [excess capacity] and<br />

draw down against it like spare parts inventory, we would make the income<br />

statement look great.”<br />

126. On July 25, 2000, Yates e-mailed Myers:<br />

I might be narrow minded, but I can’t see a logical path<br />

for capitalizing excess capacity.<br />

127. That same day, Yates responded to Minert:<br />

David and I have reviewed and discussed your logic <strong>of</strong><br />

capitalizing excess capacity and can find no support<br />

within the current accounting guidelines that would<br />

allow for this accounting treatment. I think our efforts<br />

should shift back to our gross margin analysis and the g/l<br />

and essbase structural changes needed to support the<br />

analysis.<br />

128. Notwithstanding the knowledge that it was wrong to capitalize these<br />

expenses, both Myers and Yates approved and participated in the capitalization <strong>of</strong><br />

the expenses.<br />

129. <strong>The</strong> e-mails also show that WorldCom employees were willing to do<br />

whatever it took to get the numbers the company needed to meet expectations. On<br />

March 5, 2001, Myers e-mailed Tom Bosley with a cc to Sullivan regarding<br />

“Telco.” (Telco is another term for line costs.)<br />

Pls see the attached Gross Margin analysis which<br />

highlights the need for immediate attention to Telco<br />

and Margins.<br />

46<br />

COMPLAINT

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