To: Mephisto who wrote (4190 ) 7/4/2002 2:30:40 AM From: Mephisto Read Replies (1) | Respond to of 5185 Investors sue Merck over 'false revenue claims' July 4, 2002 London Times From Abigail Rayner in New York SHAREHOLDERS are suing Merck, alleging that the American pharmaceuticals company artificially inflated its revenues by $4.6 billion (£3 billion) in 2001 by including revenues that are actually retained by pharmacies. Investors who bought Merck shares between July 23, 1999, and June 20, 2002, allege that they were duped into thinking that the company was performing better than it actually was. In a lawsuit, they claim that Merck improperly included co-payments in its revenues. Co-payments are typically $10 to $15 per prescription, and are contributed by the patient to the price of their prescription drugs. The remainder of the cost is met by the patient's insurance company. The plaintiffs say that this artificially enhanced the company's apparent performance because the co-payments are actually paid to, and retained by, the pharmacy. The lawsuit, which is being brought by the US law firm Milberg Weiss Bershad Hynes & Lerach LLP, alleges that Merck filed "materially false and misleading" statements to the Securities and Exchange Commission regarding its financial performance. The complaint says Merck overstated its revenues by $4.6 billion "in 2001 alone". It adds that the company's financial statements were not prepared in accordance with generally accepted accounting principles. The accounting entries, which have no impact on the company's reported net income, were first disclosed by Merck in April in a filing to the SEC as it prepared for the initial public offering of Medco, its pharmacy benefits unit. Merck used Andersen as its external auditor until earlier this year, when it joined a raft of companies in firing the accountancy firm in the wake of the scandal surrounding its audit of Enron. Last month Andersen was found guilty of obstructing justice by shredding documents related to its audit of Enron. Merck now uses PricewaterhouseCoopers. Christopher Loder, a spokesman for Merck, said: "Merck is confident that its recording of retail co-payments is in accordance with generally accepted accounting principles. "PricewaterhouseCoopers concur with this accounting treatment. This practice has no impact on net income because an equivalent amount is also included in our costs of revenues."timesonline.co.uk