
Global Crossing Execs Improperly Reported Earnings, Says Lawsuit
March 6, 2002 -- A securities class action is pending against
several top officers of Global Crossing Ltd. (NYSE: GX) (OTC Bulletin
Board: GBLXQ) who allegedly released false and misleading financial
statements to investors.
The class action was filed February 11, 2002 in the U.S. District Court
for the Southern District of New York and seeks damages for violations of
federal securities laws on behalf of all investors who bought Global
Crossing stock from January 2, 2001 through October 4, 2001 (the
"Class Period").
The complaint charges five top Global Crossing managers with
artificially inflating earnings by improperly recording and reporting cash
and revenue from certain long-term lease contracts for the rights to use
the company's fiber optic cable network. Simultaneously, the complaint
says, Global Crossing entered into substantially similar agreements with
the same companies to purchase bandwidth capacity from them in a different
area. In essence, the complaint alleges that these swap transactions were
improperly recorded to artificially inflate the company's financial
results.
At the same time, according to the complaint, the company was carrying
an increasingly heavy debt burden that was exacerbated by an
ever-shrinking market for bandwidth. This forced the company to
drastically lower its prices. The company was unable to offset the
declining demand for bandwidth capacity with the sale of customized
provider services because, unknown to investors, the defendants had no
viable plan for establishing Global Crossing as a provider of these
services, the complaint says.
Also during the Class Period, the complaint says, the individual
defendants and other Global Crossing insiders generated more that $149
million from insider stock sales.
The full extent of Global Crossing's financial crisis began to emerge
on October 4, 2001 when the company announced that its third quarter 2001
cash revenues were $400 million below expectations and that it was selling
off its desktop trading systems division. The complaint says that
investors were also stunned by the announcement that the company's
expected recurring adjusted EBITDA would fall almost $300 million less
than analyst expectation. In reaction to these statements, Global Crossing
stock plunged 49% to $1.07 per share.
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