Caught At ConAgra

Photo of Douglas A. McIntyre
By Douglas A. McIntyre Published
This post may contain links from our sponsors and affiliates, and Flywheel Publishing may receive compensation for actions taken through them.

From AAO Weblog

Last Wednesday, the SEC filed a civil action against three former officers of ConAgra Agri Products Companies, a unit of ConAgra: former president and COO, James Blue, former North American operations president Randy Cook, and former controller Victor Campbell.

The trio is charged with quite a bit. The suit alleges they perpetrated fraudulent accounting practices including improper revenue recognition for deferred delivery sales and linked rebates from suppliers; omission of bad debt expenses when incurred; and flawed revenue recognition related to advance vendor rebates. Outcome: ConAgra overstated its income before income taxes by about 7.35% in 1999 and 7.85% in 2000. At the segment level, operating profit was overstated by 16.36% in fiscal 1999, and 34.97% in fiscal 2000.

All three defendants benefited from their actions by receiving bonus compensation based on the inflated earnings. The SEC’s complaint holds many details of their handiwork, but here’s an abbreviated version:

The improper revenue recognition for “deferred delivery sales” is for items sold, but not yet delivered; they were still in possession of goods at the end of the periods in question. This is the “bill and hold” revenue technique made famous by Sunbeam Corporation in the 1990’s. It can be accomplished legitimately, but it should be rare: Staff Accounting Bulletin 101 describes the conditions necessary to pull it off properly. Not so in this case – and compounding the faulty recognition, UAP received vendor rebates based on the inflated sales, which further increased revenues. (Wrongly.)

More bad accounting: the provision for bad debts was not stoked while receivables soured . In those two years under examination, the firm avoided $35 million of bad debt expense. Even a plan to write down uncollectible receivables over five years (which is still a violation of GAAP) was rejected by the principals as being too costly to earnings. Finally, the trio was involved with negotiating rebates from vendors in advance of fulfilling the conditions for actually earning them (like selling the vendors’ products) and then recognizing them as revenue.

The unit was offloaded to Apollo Management in 2003. The Commission’s investigation continues. What’s interesting is that these machinations aren’t based on some twisted interpretation of an exceedingly complex accounting standard. No, they’re just basic blocking-and-tackling issues that had been warped into a work of financial fiction. Bad incentives may have made for bad accounting.

http://www.accountingobserver.com/blog/

Photo of Douglas A. McIntyre
About the Author Douglas A. McIntyre →

Douglas A. McIntyre is the co-founder, chief executive officer and editor in chief of 24/7 Wall St. and 24/7 Tempo. He has held these jobs since 2006.

McIntyre has written thousands of articles for 24/7 Wall St. He is an expert on corporate finance, the automotive industry, media companies and international finance. He has edited articles on national demographics, sports, personal income and travel.

His work has been quoted or mentioned in The New York Times, The Wall Street Journal, Los Angeles Times, The Washington Post, NBC News, Time, The New Yorker, HuffPost USA Today, Business Insider, Yahoo, AOL, MarketWatch, The Atlantic, Bloomberg, New York Post, Chicago Tribune, Forbes, The Guardian and many other major publications. McIntyre has been a guest on CNBC, the BBC and television and radio stations across the country.

A magna cum laude graduate of Harvard College, McIntyre also was president of The Harvard Advocate. Founded in 1866, the Advocate is the oldest college publication in the United States.

TheStreet.com, Comps.com and Edgar Online are some of the public companies for which McIntyre served on the board of directors. He was a Vicinity Corporation board member when the company was sold to Microsoft in 2002. He served on the audit committees of some of these companies.

McIntyre has been the CEO of FutureSource, a provider of trading terminals and news to commodities and futures traders. He was president of Switchboard, the online phone directory company. He served as chairman and CEO of On2 Technologies, the video compression company that provided video compression software for Adobe’s Flash. Google bought On2 in 2009.

Featured Reads

Our top personal finance-related articles today. Your wallet will thank you later.

Continue Reading

Top Gaining Stocks

CBOE Vol: 1,568,143
PSKY Vol: 12,285,993
STX Vol: 7,378,346
ORCL Vol: 26,317,675
DDOG Vol: 6,247,779

Top Losing Stocks

LKQ
LKQ Vol: 4,367,433
CLX Vol: 13,260,523
SYK Vol: 4,519,455
MHK Vol: 1,859,865
AMGN Vol: 3,818,618