U.S. Securities and Exchange Commission
Litigation Release No. 18343 / September 11, 2003
Auditing and Accounting Enforcement Release No. 1860 / September 11, 2003
United States District Court for the Northern District of California, Civil
Action No. C 03-04135 HRL
The United States Securities and Exchange Commission announced today
the filing of financial reporting fraud charges against Christine B.
Hoberg, former chief financial officer of Nvidia Corporation, alleging
that she purposefully failed to record $3.3 million in expenses
relating to a deal with a supplier. As a result of that transaction,
the complaint alleges, Nvidia materially overstated its gross profit
and income for the quarter ended April 30, 2000.
Hoberg, 48, of Los Altos, California, was charged in a complaint filed
in the U.S. District Court for the Northern District of California.
Simultaneous with the filing of the complaint, and without admitting
or denying the allegations, Hoberg consented to a court order
directing her to pay $671,694.99 (including $596,694.99 in
disgorgement of ill-gotten gains and prejudgment interest and $75,000
in penalties), prohibiting her from serving as an officer or director
of any public company for five years, and enjoining her from
violations of the antifraud and other provisions of the securities
laws.
According to the complaint against Hoberg, in early 2000 Nvidia was
lagging behind expectations for its financial performance for the
quarter ended April 30, 2000. In order to meet those expectations,
Nvidia entered into an agreement with a supplier in which the supplier
granted Nvidia $3.3 million in cost reduction credits for the April 30
quarter. In exchange, though, Nvidia agreed to repay the supplier this
same amount by paying artificially higher prices on purchases later in
the year.
Under generally accepted accounting principles ("GAAP"), Nvidia's
explicit agreement to repay the costs to its supplier created a
liability that Nvidia was required to record in its accounting
records. Thus, under GAAP, Nvidia should have recorded both the cost
reductions and an offsetting liability for its agreement to repay the
costs in the future.
Instead, Hoberg directed that Nvidia record only the cost reductions
portion of the transaction on its books for the April 30 quarter. By
failing to record the offsetting $3.3 million liability for the second
portion of the deal, Hoberg led Nvidia to overstate its gross profit
SNIPPETS:
U.S. Securities and Exchange Commission
United States District Court for the Northern District of California, Civil Action No. C
The United States Securities and Exchange Commission announced today the filing of financial
As a result of that transaction, the complaint alleges, Nvidia materially overstated its
According to the complaint against Hoberg, in early 2000 Nvidia was lagging behind
In order to meet those expectations, Nvidia entered into an agreement with a supplier in
Under generally accepted accounting principles, Nvidia's explicit agreement to repay the
Thus, under GAAP, Nvidia should have recorded both the cost reductions and an offsetting
Hoberg directed that Nvidia record only the cost reductions portion of the transaction on its
By failing to record the offsetting $3.3 million liability for the second portion of the
During a subsequent review of Nvidia's quarterly results by its outside auditors, Hoberg
The complaint charges Hoberg with financial reporting fraud of the Securities Exchange Act of
Simultaneous with the filing of the complaint, Hoberg agreed, without admitting or denying
|