[comment: like he could pay restitution from bringing the stock drown from $66 to $11 during a bull market.]
nytimes.com
June 13, 2003 Guilty Plea in Network Associates Inquiry By REUTERS
AN FRANCISCO, June 12 ( Reuters) — A former executive at Network Associates, a maker of security software, pleaded guilty to fraud charges for taking part in a scheme to inflate revenue, federal authorities said today.
The charges against the former executive, Terry Davis, 41, were the first to emerge from an investigation into conduct at Network Associates after the company restated its earnings last year for the years 1998-2000, according to the United States attorney's office for the Northern District of California.
A lawyer for Mr. Davis, who faces a maximum of 10 years in prison, a fine of $250,000 and restitution for damages, said his client was satisfied with the plea.
"As to the criminal charges, we are satisfied with the plea and we certainly acknowledge our responsibility," the lawyer, Tom Nolan, said.
"We are going to continue to fully cooperate with the investigation," he added.
In pleading guilty, Mr. Davis said he and others inflated revenue by secretly paying distributors so they would hold excess or unsold inventory they had purchased from Network Associates.
He also admitted making false statements to the company's independent auditor, PricewaterhouseCoopers and earned about $1.4 million from trading the company's stock using nonpublic information, authorities said.
Network Associates has been the subject of investigations by the Securities and Exchange Commission and the Department of Justice over the way the company booked revenue from partners. |