More SEC Filing Delays from Dell, Apple: Will NASDAQ Respond?

By Scott M. Fulton, III | Published December 15, 2006, 11:38 AM

As Apple and Dell continue wrestling with the dregree of false value unreported options grants gave their respective companies, both announced they would be delaying their quarterly earnings filings with the US Securities and Exchange Commission.

Having already repeatedly delayed its second quarter fiscal 2007 filing from last August, and now delaying its third quarter filing a second time (the first was last month), Dell is now entering uncharted waters for a reputed technology giant. The first threats of possible delisting of Dell stock from the NASDAQ exchange came three months ago. After Dell received its first delisting notice from the exchange, it responded with an appeal, which normally gives a company a few weeks to get its accounting together.

Dell hasn’t been completely silent about its financial status, continuing to release “preliminary financial statements” as recently as November 21. The company earned $677 million during the last fiscal quarter, on revenues of nearly $14.4 billion. But these preliminary reports can’t yet apply the numbers to Dell’s corporate history, especially now that the SEC probe has entered “formal” status, and Dell may not even know how many years worth of earnings it will need to restate.

The problem deals with the granting of backdated options – the automatic right to purchase company stock today at yesterday’s prices – to company executives. When these grants are made, they instantly have value to the recipient, as opposed to the granting of standard options, whose paper value may be zero at least until stock values rise. Backdating options is not illegal, but failing to report their grants as charges against earnings is illegal.

If Dell is in uncharted waters, though, it’s not alone, as Apple may be sailing close by. Its first delisting notice from the NASDAQ exchange came last August. Today, Apple promised it’s working to file its 10-K report for the close of its last fiscal year, along with its 10-Q reports for the last two fiscal quarters, by December 29 – the date when the NASDAQ threatened it could make good on its delisting threat. Delisting is not like being suspended from a club for bad behavior; for a company, it means having to find some back channel for raising operating capital.

The investigation against Apple at this point has not been described as “formal,” like the one against Dell, though that state of affairs could change quickly, maybe even today. Apple has previously stated that it knows CEO Steve Jobs was not among those to whom backdated options were granted. Dell has yet to make a similar statement.

At this point, an appropriate dramatization of the two company’s situation could perhaps best be presented by Justin Long and John Hodgman standing on a white background, one saying, “Hi, I’m Apple,” and the other saying, “And I’m Dell.” Follow that with four months of silence.

Comments

View comments by with a score of at least

Last paragraph made me laugh so hard. Is it not wonderland time when the FEC has sat on this behavior — among many others — and not enforced the law, forcing the NASDAQ to issue warnings? I know it's a simple point, but jeez, it reinforces the truism that most law never touches a corporation, ever. HP, AT&T, Enron, whatever, they're all walking after paying micro-fines.

Yet if I steal a toothbrush, I'm up for state-sponsored forcible rape for 6-10!

Score: 0

|

Geez, Jeff Skilling was ripped off then!

Score: 0

|

Comcast deal for NBC Universal is about content, not broadband

Although Comcast is certainly America's largest broadband provider, at least for PCs, in most regards, today's deal with GE may not impact the Internet at all.

The Black Screen Syndrome, or, Tech news in search of the apocalypse

Scott Fulton On Point: This is a story about something that should not have been a story, about something that at one time was a story.

Five compact digital camera myths and realities

This holiday 2009 primer offers tips on what and what not to look for in a compact digital camera.

Mark Russinovich on MinWin, the new core of Windows

The next version of Windows three years hence will likely build onto a significant architectural change implemented in Windows 7 and Server 2008 R2.

Android team updates 'Donut' and 'Eclair' SDKs

The Android SDK includes components which optimize app development for each version of the mobile operating system. Today, the 1.6 and 2.0 components got updates.

See ya later, WinMo: Microsoft's mobile strategy needs a reboot

Carmi Levy | Wide Angle Zoom: Hands up if you're considering upgrading to a Windows phone for the holidays...Anybody?

Online advertising evolves away from display, toward interactive software

Marketing departments and agencies are increasingly establishing positions for "creative technologists" who can steer designers and developers toward platforms that enable direct connections with consumers.

Google begrudgingly adjusts news crawling for paid publishers

If publishers want to make readers pay for news content, and thereby drive down its popularity and Google ranking, the company says, they can just go right on ahead.

Fee or free? Murdoch, Huffington square off over the cost of Internet news

Participants in an FTC workshop yesterday witnessed the two extremes of the Web news publishing debate, still centered on the issue of long-term profitability.

Security firm: Windows patches not responsible for 'Black Screen of Death'

On second thought, maybe that access control list thingie with the lockdown something-or-rather didn't trigger an alleged, perhaps non-existent, pandemic.

Apple settles with Psystar except for 'circumvention devices'

The fracas with the Florida clone computer maker might have ended today had Apple not have muddled the issue over a cheap piece of Psystar software.