DOW JONES NEWSWIRES
Two former executives of CSK Auto Corp. (CAO) have been charged
in a 31-count indictment for an alleged five-year scheme to
manipulate the company's reported earnings, the U.S. Department of
Justice said Wednesday.
CSK Auto, a specialty retailer of auto parts and accessories in
the Western U.S., became a subsidiary of O'Reilly Automotive Inc.
(ORLY) last year. It operates 1,349 stores in 22 states.
The indictment charges Martin G. Fraser, of Glendale, Ariz., and
Don W. Watson, of Gilbert, Ariz., with conspiracy, securities
fraud, mail fraud, false filing with the U.S. Securities and
Exchange Commission, false books and records, and false statements
to its auditors.
Watson faces additional charges of falsely certifying financial
reports.
A spokeswoman from CSK Auto referred questions to O'Reilly,
which declined to comment. Lawyers representing Watson and Fraser
weren't immediately available for comment.
In related actions, Edward William O'Brien III, a former
controller of CSK, pleaded guilty on Tuesday to obstruction of
justice. Another criminal investigation, unsealed Tuesday, was
launched against Gary Michael Opper, former director of credits and
receivables at CSK, charging him with obstruction of justice.
Last month, the SEC filed a civil enforcement action again the
four men.
The Department of Justice alleged Fraser, the former president
and chief operating officer, and Watson, the former chief financial
officer, engaged in a scheme from 2001 to 2006 to misstate the
company's income, mostly by concealing ten of millions of dollars
of uncollectible receivables that it should have written off.
As a result of the scheme, CSK allegedly misstated its
receivables and pretax income in its annual reports for fiscal
2002, 2003 and 2004 by about $10 million, $24 million and $19
million, respectively.
According to the indictment, CSK purchased hundreds of millions
of dollars worth of auto parts every year, and its vendors gave CSK
allowances, or rebates, for products CSK purchased in exchange for
CSK using the allowances, generally, for marketing of the vendors'
products for sale in its stores.
The vendors' allowances allegedly reduced CSK's expenses and
thus increased its income. The indictment alleges that instead of
writing off these uncollectible receivables, the conspirators
concealed them by moving vendor allowance collections from later
years to cover up the shortfalls in prior years, moving
uncollectible receivable balances to subsequent years to hide them
and by billing vendors to try to collect allowances CSK wasn't
owed.
-By John Kell, Dow Jones Newswires, 201-938-5285,
john.kell@dowjones.com