To: Lizzie Tudor who wrote (10147 ) 4/2/1998 12:38:00 PM From: Robert Graham Read Replies (1) | Respond to of 14631
I think the difference may be that Phil andCompany became very aggressive with their misrepresentations in their desire to mislead the public. He went as far as to publish that the US was out of beta and significant sales were being made of the product when no sales had been made and the product was not only in effect still in beta but also incomplete. It is unusual to see such blatant manipulation through press releases. Most CEOs stop with for instance how revenue was booked and perhaps how some expenses are depreciated or amortized. AOL's capitalization of advertising costs was one of the more blatant attempts to come out in recent history by a very visible and popular company. Interesting to note here that the stock since then has been a very popular holding with the public. But I do not think they were making up sales, which is what Phil essentially did through his press releases. Then he manipulated the revenue on the books to help support what he was stating in his press releases. Over the period of several quarters Phil became more and more aggressive with this manipulation of the public's perception of the company. It got to the point where even the press releases standing on their own were getting very hard for me to believe, as I am sure was the case with many of you. But at this point in time, I was already invested in the stock. So I became nervous waiting for the other shoe to drop thinking that this cannot be happening. I think it all comes down to the degree of manipulation, how the company went about manipulating the investor's perception, and their timing of their manipulation. Here people were manipulated into purchasing the stock just before it headed south to end up 1/4 of its initial value. This is unlike other companies that manipulate to encourage a continued runup of their stock,for instance, IMO like the way IOM does. Sure the stock eventually dumps, but not after many speculators have enjoyed good profit making in the stock. Now if all Phil did was stuff the channel for one quarter, I do not think many would of taken this as being substantial,since this not an uncommon practice among high-tech companies. As a side note, I have recently run into an investor who thinks the explicit management of how revenue is booked through the use of unbooked revenue reserves in order to report consistently improving quarterly profits is a "conservative" practice by management. According to them, this is the "conservative" revenue reporting practice performed by WIND. What some people are able to see in their upside-down world never ceases to amaze me. Look at the current market. There now are speculators rushing into purchase the lower cap tech stocks just after the company reports an earnings warning without even waiting for a dump in the stock price. The market has definitely changed, particularly this year. So maybe your right. In today's marketplace, what Phil did would normally not be considered that bad were it not that there was a very substantial selloff of the stock that caught many people with allot of money unaware. Just some thoughts. Bob Graham