Copyright 2011 Deloitte Development LLC. All rights reserved. 2 Footer Copyright 2012 Deloitte Development LLC. All rights reserved. Reserve Manipulation - Bristol-Myers Squibb Bristol-Myers Squibb is a global pharmaceutical company. SEC complaint alleged: Reversal of reserves to inflate earnings: o Phony divesture reserves o Corporate contingency reserves o Transformed one-time gains into operating income This resulted in an overstatement of income in 2000 and 2001 of $66 million and $157 million, respectively
SOURCE: SEC v. Bristol-Myers Squibb Company, August 4, 2004 (Paras. 56-64) Copyright 2011 Deloitte Development LLC. All rights reserved. 3 Footer Copyright 2012 Deloitte Development LLC. All rights reserved. Reserve Manipulation - Bristol-Myers Squibb Results Settlements Bristol-Myers paid $839 million to affected shareholders, including: o $300 million in a deal with the Justice Department o $100 million civil penalty and $50 million Shareholder Fund payment in an agreement with the SEC Agreed to a deal with the Justice Department, whereby there would be a deferment of criminal prosecution for 24 months and prosecution would be dismissed if the company is compliant with all obligations of the agreement at that time. Indictments Two executives were indicted, including the CFO
SOURCES: Bristol-Myers Squibb press release, June 15, 2005 Copyright 2011 Deloitte Development LLC. All rights reserved. 4 Footer Copyright 2012 Deloitte Development LLC. All rights reserved. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee, and its network of member firms, each of which is a legally separate and independent entity. Please see www.deloitte.com/about for a detailed description of t he legal structure of Deloitte Touche Tohmatsu Limited and its member firms.
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