NEW YORK: Former Computer Associates International Inc chief
executive Sanjay Kumar was charged on Wednesday with securities fraud and
obstruction of justice stemming from a two-year investigation of improper
accounting at the software maker.
The company said on Wednesday it
would pay $225 million to settle federal accounting fraud charges, as the
government accused the company of improperly booking $2.2 billion in revenues in
2000 and 2001 and obstructing the two-year investigation of the
company.
A federal court approved an agreement that allows the
company 18 months to pay the fine and implement a number of remedial policies to
avoid prosecution.
Kumar and former global sales chief Stephen
Richards were charged in a 10-count indictment that was returned by a grand jury
last Friday and unsealed on Wednesday. The charges include securities fraud,
conspiracy and obstruction of justice.
Richards was also charged with
one count of perjury, while Kumar was charged with one count of making false
statements to law enforcement officers.
The US Securities and
Exchange Commission also filed securities fraud charges against the company,
Kumar, Richards and former general counsel Stephen Woghin.
"Like a
team that plays on after the final whistle has blown, Computer Associates kept
scoring until it had all the points it needed to make every quarter look like a
win," said Mark Schonfeld, director of the SEC's northeast regional
office.
Former general counsel Woghin pleaded guilty to securities
fraud conspiracy and obstruction of justice and agreed to be barred from working
as an officer or director of a public corporation. His partial settlement also
called for a possible payment later.
Attorneys for the three
executives were not immediately available to comment. Kumar stepped down as CEO
in April and severed all ties with the company in June.
The $225
million payment to former and current shareholders comes on top of an earlier
agreement to pay $163 million to settle class action suits.
The
company, which admitted wrongdoing as part of the agreement, also agreed to make
a number of changes, including reorganizing the finance department and to create
a hotline for employees to call to report violations of the company's code of
conduct.
"Computer Associates, through former executives Kumar,
Richards, Woghin and others, obstructed the SEC's investigation into the
company's accounting practices," the SEC said in a statement.
The
company's former chief financial officer and three other former top finance
executives have pleaded guilty to criminal charges and await sentencing. More
than 15 executives and employees have have left the company in the last year due
to the investigation.
"The board deeply regrets what has happened,"
Robert Giuffra of Sullivan & Cromwell, the company's outside counsel, said
in court. He added the company "accepts responsibility for this
conduct."
Computer Associates previously offered to pay the
government $10 million to settle the investigation, although the company has
said the actual fine could be much higher.
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