Builders FirstSource, Inc. (BLDR)
Whether directors and officers of Builders FirstSource, Inc. (BLDR) breached their fiduciary duties to the company and its shareholders.
Investigation
06/22/2021
Initial Lawsuit
06/22/2021
Lawsuit Progression
09/01/2021
Investigating statements regarding the Company’s revenue recognition practices, expense irregularities and interference with external audit process.
11/01/2019
Tarena releases the findings of an independent investigation into accounting practices, revenue recognition and various irregularities and employee interferences with external audit process:
Summary of Findings
The following is a summary of the principal findings of the Investigation as of the date hereof. Unless otherwise indicated, the Investigation findings generally cover the fiscal years 2014 through 2018.
· Revenue Inaccuracies: The Audit Committee’s independent review found that the Company’s reported revenues for fiscal years 2014, 2015, 2016 and 2017 and previously announced unaudited revenues for each quarter of and full year 2018 were not accurate. Factors contributing to the misstatement of revenue included intentional revenue inflation, inaccurate student account, status and loan data recorded in the Company’s customer relationship management (CRM) system, premature recognition of revenue from certain students, and inaccurate accounting treatment of tuition refunds.
· Expense Inaccuracies and Irregularities: The Audit Committee discovered instances of improper charges against accounts receivable and/or bad debts through payment to third parties, as well as guarantee payments to certain financial institutions or peer-to-peer financial tools for certain overdue student loans. The Audit Committee also identified certain expenses that were not supported by appropriate documentation and indications that funds or other benefits were provided to third parties contrary to Company policy.
· Conflicts of Interest and Related Party Transactions: The Audit Committee found evidence that the Company engaged in business transactions with organizations owned, invested in or controlled by Company employees or their family members which in some instances were not properly disclosed by the Company.
· Interference With External Audit Process: It was found that certain employees interfered with the external audit of the Company’s financial statements for certain periods.
The Company is assessing the overall financial impact of these findings on its financial statements. The management team of the Company anticipates that the total amount of revenue misstatement between fiscal years 2014 through 2018 to be less than RMB900 million, representing approximately 11.5% of the total revenue previously reported by the Company for such period. This figure represents the estimate of the management team based on currently available information. The actual amount of revenue misstatement may be higher.”
See more on Factual TimelineThis is a class action on behalf of persons or entities who purchased or otherwise acquired publicly traded Tarena securities between August 16, 2016 and November 1, 2019, inclusive.
According to the complaint, defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the company’s business, operations, and prospects. Specifically, defendants allegedly failed to disclose to investors that:
(1) certain employees were interfering with external audits of the Company’s financial statements for certain periods;
(2) the Company suffered from revenue and expense inaccuracies;
(3) the Company engaged in business transactions with organizations owned, invested in or controlled by Company employees or their family members, which insome instances were not properly disclosed by the Company;
(4) as a result of the foregoing, the Company’s financial statements from 2014 through the end of Class Period were not accurate;
(5) as a result, Defendants’ statements about its business, operations, and prospects, were materially false and misleading and/or lacked a reasonable basis at all relevant times.
09/01/2021
The court issued an order appointing the lead plaintiff and lead counsel.
11/01/2021
This is a class action on behalf of a class consisting of all persons other than Defendants who purchased Tarena American Depositary Shares (ADSs) between August 16, 2016 and November 1, 2019, inclusive.
Operative complaint
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