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Shortly after being retained, the companys law firm met with Kumar, Richards, Woghin and other CA executives in order to inquire into their knowledge of the practices that were the subject of the government investigations.
During these meetings, the defendants and others allegedly failed to disclose, falsely denied and concealed the existence of the 35-day month practice.
These remedial steps include: Under the agreement, the court will appoint an independent examiner who will be empowered to review CAs compliance with all of the terms and conditions in the agreement.
In light of CAs acceptance of responsibility, continued cooperation, remedial measures, and agreement to compensate the victims of its fraud, the United States Attorneys Office has agreed not to prosecute CA for the fraudulent and obstructive conduct of its former officers, executives and employees.
The government's case is being prosecuted by Assistant United States Attorneys David Pitofsky, Eric Corngold and Eric Komitee.
The ex-CEO read a statement that expressed regret - "I take full responsibility for my actions and apologize for my conduct" - with all the remorse of a man reciting a grocery list.
This practice, sometimes referred to within CA as the 35-day month or the three-day window, violated generally accepted accounting principles and resulted in the filing of materially false financial statements.
For example, Kumar, assisted by former CA Chief Financial Officer Ira Zar, kept CAs books open at the end of fiscal periods.However, should CA violate the terms of the agreement executed today, or commit any other crimes, it shall be subject to prosecution, including prosecution for the fraud that is the subject of the indictment.The President's Corporate Fraud Task Force was established in July 2002 to coordinate and oversee all federal corporate fraud investigations. The 10-count indictment, returned last Friday by a federal grand jury in Brooklyn, New York and unsealed today, charges Sanjay Kumar, the former Chief Executive Officer and Chairman of the Board of Computer Associates International, Inc. The agreement does not protect any individuals from prosecution. Mauskopf of the Eastern District of New York, and FBI Director Robert Mueller announced today the unsealing of an indictment charging two former executives of Computer Associates International, Inc., for their alleged participation in a long-running, company-wide accounting fraud scheme and subsequent efforts to obstruct the governments investigation. If CA abides by the terms of the agreement, the United States Attorneys Office has agreed not to prosecute CA.