Investors Sue Dell Over Bad Accounting
By Ed Oswald | Published February 2, 2007, 12:30 PM
Investors in Dell are suing the company, accusing it of improperly accounting for bonuses it received from Intel for using its chips exclusively. The suit, which seeks class action status, claims the profits of the company were artificially inflated.
Dell could have been receiving as much as $1 billion per year in kickbacks, which were not properly accounted for and would likely be illegal under U.S. law. Furthermore, this could have hid more serious financial issues at the Texas-based computer maker.
Plaintiffs argue it did just that, and that the company became dependent on them to help it report positive results to its investors. In addition, they claim Dell had been planning machines with AMD chips since 1999, although Intel would successfully quash any plans to release them.
Accounting, quality and customer service issues were hidden from investors, and Intel is accused of being a conspirator in a plan to defraud Dell investors. In any case, as these issues were occurring, Dell executives were selling billions of dollars in stock, the suit alleges.
Thusly, 16 executives were named in the lawsuit, including founder Michael Dell and recently exited CEO Kevin Rollins. Additionally, company accountant PricewaterhouseCoopers has been named as a defendant. The suit was filed in U.S. District Court in Austin, Texas.
For the most part, those involved were not commenting on the suit, although Intel denied any wrongdoing and promised to defend itself against the charges. It even suggested that some of the issues raised in the complaint were "completely made up."
Indications that Dell was suffering from accounting issues first surfaced in August, when it admitted to a Securities and Exchange Commission investigation into the matter, which has since been expanded. Dell had also been subpoenaed by the U.S. attorney for the Southern District of New York.
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1:40 pm ET 2 February 2007 - In a statement just released to BetaNews, Intel spokesperson Chuck Mulloy said the following:
"We've conducted a preliminary review of the complaint. At first glance, it appears the allegations with respect to Intel were completely made up. While the plaintiff rehashes antitrust allegations from other cases, there is no antitrust claim in this case.
"We deny the plaintiff's allegations," Mulloy continued, "and plan to move quickly to defend ourselves." He added that Intel has never been contacted or received any inquiry from the US Securities and Exchange Commission or the Dept. of Justice with regard to Dell's accounting, which has been under investigation by those agencies for at least several months, if not longer. The existence of the investigation was revealed by Dell Computer last August. Had Intel been a subject of concern regarding Dell's accounting practices, he said, Intel would probably have been contacted by now.
A spokesperson for AMD had no comment on the matter this afternoon, other than to say the company is reviewing the complaint carefully.
In the high-tech suppliers always give freebies or pay for a service in hope that company (in this case an OEM) will continue using their products. This is a very common practice.
But, the fact that Dell didn't report certain contributions (just like campaign contributions) it means that some of the executives pocketed the money. This also brings another revelation:
- Did AMD blackmail Dell in exchange for not revealing this high-tech game? Do you remember how easily Dell complied with AMD?
- How manipulative are OEMs with suppliers?
As a fact OEMs treat suppliers like dirt because they know they can get away with it. Reason? Competition is very limited - in most cases it's a duopoly.
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|It's always been known (or at least suspected by most) that Intel gave huge incentives to Dell, in an effort to make sure they sell only Intel based products. The question is whether they've done it illegally, and if so, trying to prove it. Obviously they didn't just show up at the Dell CEO's house with a briefcase full of money, like you see in the movies. Intel is a big company with a big army of lawyers. They knew what they were doing. It's possible to give these "incentives" or "rebates", whatever you want to call them, and stay perfectly legal. I doubt Intel will get in trouble because of this class action brought against Dell. Whatever shady dealings were going on inside Dell probably didn't have much to do with Intel. Even if they did, good luck proving it.
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|Well--IF the accusations are true, it would be a double-edged sword: Dell has used lots of ATI products in the past, and IMHO that is likely one of the reasons Dell finally began using AMD in its products. Well--AMD owns ATI as we all know, so the move was almost inevitable, and the sales of AMD vs. Intel are much different than reported here IF you count the ATI chipsets/video card sales. Dell may actually be forced to use AMD even more than it currently does to avoid losing even more money.
Either way, AMD is the clear winner in this fight methinks--although the Intel technology has passed AMD's and isn't showing any signs of slowing down...
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|AMD bought ATI recently. AMD Athlon were getting a lot of attention around 1999, I personally own one, and it kicks ass. And it's much more affordable than Intel, yet none of the big computer makers offer it.
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