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In re Diebold Securities Litigation
USDC ND Ohio
Disclosure / Restatement
Background
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Company
background
Litigation
background
- In re Diebold Securities Litigation
- USDC ND Ohio 5:05-cv-02873-SL
- Hon. Peter C. Economus
- Filed 12.13.05
Lead
plaintiffs
- International Union of Operating Engineers Local
825 Pension Funds
- Orchard Limited
- Stephen W. Tilton
- Joe B. Young
SEC
disclosures
- Form 12b-25 8.12.08
As previously disclosed, Diebold, Incorporated (the Company) determined that
its previous, long-standing method of accounting for bill and hold transactions
was in error, representing a misapplication of generally accepted accounting
principles, and that it would discontinue its use of bill and hold as a method
of revenue recognition in its North America and International businesses.
The Companys corrected method of recognizing revenue will be adopted
retroactively by restating previously issued financial statements. On January 9,
2008, management of the Company had concluded that the Companys financial
statements for the fiscal years ended December 31, 2006, 2005, 2004 and 2003;
the quarterly data in each of the quarters for the years ended December 31, 2006
and 2005; and the quarter ended March 31, 2007, must be restated and should no
longer be relied upon.
As also previously disclosed, as a result of the Securities and Exchange
Commission (SEC) ongoing investigation, the Company and the Audit Committee,
in consultation with their outside advisors, have been reviewing other
accounting items, including various balance sheet accounts, such as prepaids,
accruals, capitalized assets, deferred revenue and reserves within the Companys
North America and International businesses. This review is expected to be
complete upon filing the Companys restated financial statements.
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Claims
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Complaint
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Motion to File Second Amended Complaint Pending
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Motion
to file
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Motion to
Dismiss Granted
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Motion
to dismiss
Ruling
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Motion to
Defer Decision Denied
SEC_CODE_REF_0090001192884
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Motion
to defer decision on motion to dismiss
Ruling
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Motion to
Amend Complaint Denied
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Filings
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Motion to
Lift Stay Denied
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Motion
to lift stay
Ruling
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Counsel
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Lead
plaintiff
- Milberg LLP
- Scott + Scott
Company
defense
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Related Topics
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