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UPS Pays $45 Million Fine For Improperly Valuing Its Worst-Performing Business
The Securities and Exchange Commission (SEC) announced on Friday that it settled charges against United Parcel Service Inc. for materially misrepresenting its earnings because it failed to follow generally accepted accounting principles (GAAP) when valuing one of its worst performing businesses.
The SEC found that UPS did not record a goodwill impairment for its UPS Freight business division in 2019. If UPS had properly valued Freight, its earnings and other reported items would have been materially lower, the SEC said.
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"Goodwill balances provide investors with valuable insight into whether companies are successfully operating the businesses they own," said Melissa Hodgman, Associate Director at SEC.
"Therefore, it is essential for companies to prepare reliable fair value estimates and impair goodwill when required. UPS fell short of these obligations, repeatedly ignoring its own well-founded sale price estimates for Freight in favor of unreliable third-party valuations," Hodgman added.
In addition to the $45 million civil penalty, UPS agreed to cease and desist from further violations of these provisions, adopt training requirements for certain officers, directors, and employees, and retain an independent compliance consultant to review and make recommendations about the company's fair value estimates and disclosure obligations.
BIT Mining To Pay $4 Million Fine For Bribery
The SEC announced on Monday that BIT Mining Ltd. , formerly known as 500.com Limited, agreed to pay a $4 million civil penalty to resolve charges that it violated the Foreign Corrupt Practices Act (FCPA) from 2017 to 2019 by conducting a widespread bribery scheme to influence foreign officials, including members of Japan's parliament.
The SEC's order finds that the bribery scheme involved illicit payments of approximately $2.5 million in the form of cash bribes, entertainment and trips. The order further finds that the bribes were authorized by a 500.com senior executive in an attempt to establish an integrated resort casino in Japan.
"Investors must have confidence that the operations and performance of public companies reflect merit and legitimate considerations. Bribery and corruption turn that dynamic on its head, distorting the orderly operation of the markets and undermining investor confidence," said Charles E. Cain, Chief of the SEC Enforcement Division's FCPA Unit.
Additionally, the US Department of Justice announced on the same day that it entered into a deferred prosecution agreement in which BIT Mining agreed to pay a $10 million criminal fine, of which $4 million will be satisfied by the company's payment of a civil penalty to the SEC.
More Crime Stories: Here are other crime stories covered by Benzinga this week.
Image: Gerd Altmann from Pixabay
© 2024 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.
By Ben Glickman
United Parcel Service was ordered by regulators to pay $45 million for allegedly overvaluing its freight business in its accounting, leading to higher reported earnings.
The Securities and Exchange Commission on Friday said UPS didn't properly record goodwill impairment related to its freight business, which was sold in 2021, because it had overvalued the unit, leading to artificially inflated earnings and other reported accounting items that misled investors.
The sale of UPS's domestic trucking business to rival TFI International for $800 million marked a major strategic shift for the company at the time. The shipping behemoth opted to shift more focus to its small-parcel delivery business, which boomed during the pandemic as online retail orders spiked.
Regulators alleged UPS in its accounting processes had knowingly ignored an internal analysis contradicting the higher value for the freight business.
A UPS analysis in 2019 concluded that the company's freight business unit would likely sell for $350 million to $650 million, according to the SEC order. The business was valued on the company's balance sheet at about $1.4 billion, meaning UPS would be required to report a goodwill impairment of nearly $500 million, the SEC said.
The company instead relied on a consultant's valuation of the business in its accounting processes, which was about $2 billion, according to the SEC order. Regulators alleged UPS hadn't informed the consultant of its own analysis, which concluded the business's profits would be lower because of a lack of synergies with other parts of UPS.
As a result, the company didn't record an impairment charge in 2019 or after reaching a non-binding sale agreement in 2020.
UPS didn't admit or deny the SEC's findings and agreed to cease and desist from further violations of the provisions, in addition to the civil penalty and other conditions.
Write to Ben Glickman at ben.glickman@wsj.com
By Ben Glickman
United Parcel Service was ordered by regulators to pay $45 million for allegedly undervaluing its freight business in its accounting, leading to higher reported earnings.
The Securities and Exchange Commission on Friday said UPS didn't properly record goodwill impairment related to its freight business, which was sold in 2021, leading to artificially inflated earnings and other reported accounting items.
The SEC alleged UPS had valued its freight business unit at about $650 million in 2019, which would have required a goodwill impairment on its balance sheet of nearly $500 million. But the company instead used an outside consultant and didn't give the consultant complete information, the SEC said.
The unit was improperly valued at about $2 billion, and the company didn't record an impairment charge in 2019 or after reaching a non-binding sale agreement in 2020.
UPS didn't admit or deny the SEC's findings and agreed to cease and desist from further violations of the provisions, in addition to the civil penalty and other conditions.
Write to Ben Glickman at ben.glickman@wsj.com
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