Question

Ian McCarthy was president and CEO of Beazer Homes USA, Inc., a publicly held home construction company that was required to restate its quarterly and annual financial statements due to a fraudulent earnings management scheme perpetrated by Beazer's CAO, Michael Rand, to satisfy analysts' quarterly and annual earnings expectations. Rand directed and supervised a reserve accounting scheme under which reserves for certain future homebuilding expenses were improperly established, inflated, or maintained, so that they could later be used in subsequent fiscal years, including 2006, to boost artificially income and earnings. In 2008, after uncovering the fraud, Beazer correctly restated its 2006 earnings. Even though McCarthy was not engaged in the fraud, the Securities and Exchange Commission demanded that McCarthy reimburse Beazer for cash bonuses, incentive and equity-based compensation, and profits from his sale of Beazer stock received during the 12-month period following the issuance of Beazer's quarterly and annual financial statements for its fiscal year 2006. Was the SEC's action successful?



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  • CreatedJuly 16, 2014
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