|
VERITAS
has informed the financial markets that it is not yet ready to publish
revised financial statements for the years 2001, 2002 and 2003.
The markets responded badly to this news with VERITAS shares falling
sharply.
VERITAS’s statement to the markets
is as follows (verbatim):
VERITAS Software Corporation (Nasdaq: VRTS)
today announced that it will delay filing its annual report on Form
10-K for the year ended December 31, 2003, to restate the Company's
financial statements for the years ended December 31, 2001 and December
31, 2002. The restatement is the result of an internal investigation,
initiated by management and under the supervision of the audit committee
of the Board of Directors, with the assistance of independent legal
and accounting experts. The financial statements for the year ended
December 31, 2003 will be revised to reflect corrections of the
prior periods and the settlement finalized today of tax audits related
to the Company's 2000 acquisition of Seagate Technology.
On a preliminary basis, the restatement is
expected to decrease 2001 revenues in the range of $1 million to
$5 million from the previously reported $1.49 billion and to increase
2002 revenues in the range of $5 million to $10 million from the
previously reported $1.51 billion. The Company expects that 2001
GAAP net loss will decrease and non-GAAP net income will increase
in the range of $5 million to $10 million from the previously reported
GAAP net loss of $642 million and non-GAAP net income of $291 million.
The Company expects that 2002 net income will decrease in the range
of $5 million to $10 million from the previously reported GAAP net
income of $57 million and non-GAAP net income of $256 million.
As a result of the adjustments to the prior
periods, the Company also expects, on a preliminary basis, that
revenues for the year ended December 31, 2003 will decrease in the
range of $10 million to $15 million from the previously announced
$1.77 billion. Net income for the same period is expected to decrease
in the range of $15 million to $20 million from the previously announced
GAAP net income of $274 million and non-GAAP net income of $353
million.
A further, and unrelated, adjustment will be
required by the settlement finalized today by federal taxing authorities
of tax audits related to the Company's 2000 acquisition of Seagate
Technology. This settlement will result in an increase to 2003 net
income of approximately $95 million. The combined impact of these
adjustments is expected to increase 2003 GAAP net income in the
range of $75 million to $80 million.
The restatement and other adjustments will
not affect the Company's reported cash flows or cash balances for
any of these periods.
The investigation began as an internal matter
reviewed in accordance with the Company's corporate governance processes,
which ultimately led to an independent forensic accounting and legal
investigation under the supervision of the audit committee of the
Board of Directors. This investigation concluded on March 12, 2004
and identified certain accounting practices not in compliance with
generally accepted accounting principles during 2002, 2001 and prior
periods under the direction of former financial management. These
practices included the incorrect deferral of professional services
revenue and the unsubstantiated accrual of certain expenses, which
had a positive impact in some periods and a negative impact in others.
In addition, accounts receivables and deferred revenue were overstated
by approximately $7 million at June 30, 2002. The expected adjustments
for 2003 are primarily a consequence of correcting errors from the
prior periods.
"Upon conclusion of the investigation,
we decided that restating our reported financial statements was
the appropriate course of action," said Gary Bloom, president,
chairman and CEO. "The Company is committed to accurate financial
reporting and our financial leadership has been substantially improved
since the arrival of Ed Gillis, our chief financial officer, in
November 2002."
"While today's announcement is unfortunate, it does not change
the fundamental strength of our business, as we drive the company
to a target of $2 billion in revenue in 2004," Bloom continued.
"We remain comfortable with our guidance for the first quarter,
which included revenue in the range of $455 to $470 million and
diluted earnings per share of $0.17 to $0.20, on a GAAP basis, and
$0.18 to $0.21 on a non-GAAP basis."
The adjustments referred to in this announcement
are preliminary estimates, and because the reaudit has not been
completed further adjustments may be required for these or other
periods. The Company expects to file its Form 10-K during the June
quarter.
The Company has notified the Securities and
Exchange Commission of the internal investigation and will cooperate
regarding this matter.
As a result of the Company's delay in filing
its Form 10-K for 2003, the Company expects to receive notification
from NASDAQ that it is not in compliance with the filing requirements
for continued listing on NASDAQ and that its securities could be
subject to delisting from the NASDAQ National Market. In addition,
the Company anticipates that NASDAQ may change the Company's trading
symbol from "VRTS" to "VRTSE." The Company expects
to remedy its filing deficiency before NASDAQ delists its securities,
but there can be no assurance that NASDAQ will grant a request for
continued listing.”
www.veritas.com

•Date:
16th March 2004 •Region: N.America •Type:
Article •Topic: BC
markets
Rate this article or
make a comment - click
here
|