Friday, September 24, 2004

Ex-CEO denies fraud charges


Accounting scandal at Computer Associates heads to federal court

By Frank Eltman
The Associated Press

NEW YORK - The former CEO of Computer Associates International Inc. pleaded not guilty to federal securities fraud and other charges Thursday in a multibillion-dollar accounting scandal at the business software maker.

Sanjay Kumar, 42, was charged in a 10-count indictment announced Wednesday with obstruction of justice, conspiracy to obstruct justice and making false statements to law enforcement officers.

Also pleading not guilty to the charges in the indictment was the company's former head of worldwide sales, Stephen Richards.

According to the indictment, Kumar was so involved with adding revenue to a financial quarter even after it closed that he flew to Paris in July 1999 to finalize a deal and personally signed a contract that had been backdated.

The indictment also charges that executives instructed salespeople to complete deals after the quarter had closed and "cleaned up" contracts by removing time stamps from faxes.

Both men were ordered to post $5 million personal recognizance bonds, surrender their passports and limit their travel to the United States.

Their next court date was set for Nov. 23.

Kumar, a co-owner of the New York Islanders hockey team, put up one of his homes as collateral for the $5 million bond, as did Richards.

Kumar did not speak at the arraignment other than to plead not guilty and give his age.

On Wednesday, he released a statement through his lawyer, saying he "denies any wrongdoing."

"Rather than obstructing any inquiry, Mr. Kumar recommended that investigations be conducted by two outside law firms into the allegation that Computer Associates' legitimate revenues were recognized in a quarter prior to permissible," said his lawyer, John P. Cooney.

The attorney also contended that the government targeted Kumar and made plea bargains with involved members of Computer Associates' finance and legal departments.

The charges against Kumar came the same day his former company agreed to pay $225 million to shareholders in a settlement letting it defer criminal prosecution. Under the unusual deal, an outside monitor will track Computer Associates' financial reporting while it makes three restitution payments of $75 million to shareholders over 18 months.

Computer Associates, the world's fourth-largest software maker, restated its financial results from 2000 and 2001 in April to reflect $2.2 billion in revenue that was improperly booked.