Green Mountain Coffee Roasters, Inc. Announces Restatement of Financials
WATERBURY, Vt.--(BUSINESS WIRE)--
Green Mountain Coffee Roasters, Inc. (NASDAQ: GMCR) (the "Company")
today announced that it will restate its previously issued financial
statements for fiscal years 2007, 2008 and 2009 and the first three
quarters of fiscal year 2010 (including the quarterly data for fiscal
years 2009 and 2010 and its selected financial data for the relevant
periods), due to errors identified in these financial statements. This
decision was made by the Company's board of directors, upon the
recommendation of the audit committee and in consultation with
management. As a result of this decision, investors should no longer
rely upon the Company's previously released financial statements for
these periods and any earnings releases or other communications relating
to these periods.
As discussed below, these errors were discovered by management during
the course of its preparation of the year-end financial statements and
audit, as well as during the course of an internal investigation
initiated by the audit committee of the Company's board of directors in
light of the previously disclosed inquiry by the staff of the Securities
and Exchange Commission's ("SEC") Division of Enforcement. The internal
investigation is nearly complete, and the Company continues to cooperate
fully with the SEC. None of the financial statement errors implicate
misconduct with respect to the Company or its management or employees.
In addition, none of the financial statement errors are related to the
Company's relationship with M.Block & Sons, the fulfillment vendor
through which the Company makes a majority of the at-home orders for the
Keurig business unit's single-cup business sold to retailers.
The amounts disclosed below are the net cumulative effect of these
errors through June 26, 2010. The effects on certain reported periods
are quantitatively significant, and the impact of the individual errors
will be disclosed in more detail in the Company's restated financial
statements.
The adjustments necessary to correct the errors will have no effect on
reported cash flow from operations, and are not expected to have a
material impact on the balance sheet. The estimated impact of these
items for the restatement periods is expected to reduce cumulative net
income by approximately $6.1 - $6.5 million and cumulative diluted
income per share by approximately $0.04 - $0.05 per share.
The Company has discovered the following errors:
-
A $7.6 million overstatement of pre-tax income, cumulative over the
restated periods, due to the K-Cup inventory adjustment error
previously reported in the Company's Form 8-K filed on September 28,
2010. This error is the result of applying an incorrect standard cost
to intercompany K-Cup inventory balances in consolidation. This error
resulted in an overstatement of the consolidated inventory and an
understatement of the cost of sales. Rather than correcting the
cumulative amount of the error in the quarter ended September 25,
2010, as disclosed in the September 28, 2010 Form 8-K, the effect of
this error will be recorded in the applicable restated periods.
-
A $1.4 million overstatement of pre-tax income, cumulative over the
restated periods, due to the under-accrual of certain marketing and
customer incentive program expenses. The Company also has corrected
the classification of certain of these amounts as reductions to net
sales instead of selling and operating expenses. These programs
include, but are not limited to, brewer mark-down support and funds
for promotional and marketing activities. Management has determined
that miscommunication between the sales and accounting departments
resulted in expenses for certain of these programs being recorded in
the wrong fiscal periods.
-
A $1.0 million overstatement of pre-tax income, cumulative over the
restated periods, due to changes in the timing and classification of
the Company's historical revenue recognition of royalties from third
party licensed roasters. Because royalties were recognized upon
shipment of K-Cups by roasters pursuant to the terms and conditions of
the licensing agreements with these roasters, Keurig historically
recognized these royalties at the time Keurig purchased the K-Cups
from the licensed roasters and classified this royalty in net sales.
Management has determined to recognize this royalty as a reduction to
the carrying cost of the related inventory. The gross margin benefit
of the royalty will then be realized upon the ultimate sale of the
product to a third party customer. Due to the Company's completed and,
when consummated, pending acquisitions of third party licensed
roasters, these purchases and the associated royalties have become
less of a factor, since the post-acquisition royalties from these
wholly-owned roasters are not included in the Company's consolidated
financial statements.
-
An $800,000 overstatement of pre-tax income, cumulative over the
restated periods, due to applying an incorrect standard cost to
intercompany brewer inventory balances in consolidation. This error
was identified during the preparation of the fiscal year 2010
financial statements and resulted in an overstatement of the
consolidated inventory and an understatement of the cost of sales.
-
A $700,000 understatement of pre-tax income for the Specialty Coffee
business unit, due primarily to a failure to reverse an accrual
related to certain customer incentive programs in the second fiscal
quarter of 2010. The over-accrual was not identified and corrected
until the fourth fiscal quarter of 2010.
-
In addition to the errors described above, the Company also will
include in the restated financial statements certain other immaterial
errors, including previously unrecorded immaterial adjustments
identified in audits of prior years' financial statements.
Expected impact of the restatement
The estimated necessary adjustments to the Company's statements of
operations are summarized in the tables below (in thousands, except per
share amounts). The Company is still in the process of completing its
review of the restated financial statements, and, therefore, the
estimated adjustments described below are preliminary. While the Company
expects to report the estimated adjustments described below, there can
be no assurance that the final adjustments that are made as part of the
restatement will not differ materially from the estimated adjustments.
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|
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Fiscal year ended
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|
|
|
September 29, 2007
|
|
September 27, 2008
|
|
September 26, 2009
|
|
Increase (decrease)
|
|
As Reported
|
|
Adjustments
|
|
As Restated
|
|
As Reported
|
|
Adjustments
|
|
As Restated
|
|
As Reported
|
|
Adjustments
|
|
As Restated
|
|
Pre-tax income
|
|
$21,577
|
|
($467
|
)
|
|
$21,110
|
|
$36,472
|
|
($1,013
|
)
|
|
$35,459
|
|
$90,358
|
|
($2,327
|
)
|
|
$88,031
|
|
Net income
|
|
$12,843
|
|
($285
|
)
|
|
$12,558
|
|
$22,299
|
|
($632
|
)
|
|
$21,667
|
|
$55,882
|
|
($1,445
|
)
|
|
$54,437
|
|
Basic income per share
|
|
$0.12
|
|
-
|
|
|
$0.12
|
|
$0.21
|
|
($0.01
|
)
|
|
$0.20
|
|
$0.49
|
|
($0.01
|
)
|
|
$0.48
|
|
Diluted income per share
|
|
$0.12
|
|
($0.01
|
)
|
|
$0.11
|
|
$0.19
|
|
-
|
|
|
$0.19
|
|
$0.46
|
|
($0.01
|
)
|
|
$0.45
|
|
|
|
Thirteen weeks ended
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|
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December 27, 2008
|
|
March 28, 2009
|
|
June 27, 2009
|
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September 26, 2009
|
|
Increase (decrease)
|
|
As Reported
|
|
Adjust- ments
|
|
As Restated
|
|
As Reported
|
|
Adjust- ments
|
|
As Restated
|
|
As Reported
|
|
Adjust- ments
|
|
As Restated
|
|
As Reported
|
|
Adjust- ments
|
|
As Restated
|
|
Pre-tax income
|
|
$23,533
|
|
($832
|
)
|
|
$22,701
|
|
$21,368
|
|
($944
|
)
|
|
$20,424
|
|
$21,657
|
|
($108
|
)
|
|
$21,549
|
|
$23,800
|
|
($443
|
)
|
|
$23,357
|
|
Net income
|
|
$14,384
|
|
($517
|
)
|
|
$13,867
|
|
$12,983
|
|
($586
|
)
|
|
$12,397
|
|
$14,140
|
|
($67
|
)
|
|
$14,073
|
|
$14,375
|
|
($275
|
)
|
|
$14,100
|
|
Basic income per share
|
|
$0.13
|
|
-
|
|
|
$0.13
|
|
$0.12
|
|
($0.01
|
)
|
|
$0.11
|
|
$0.13
|
|
($0.01
|
)
|
|
$0.12
|
|
$0.12
|
|
-
|
|
|
$0.12
|
|
Diluted income per share
|
|
$0.12
|
|
-
|
|
|
$0.12
|
|
$0.11
|
|
($0.01
|
)
|
|
$0.10
|
|
$0.12
|
|
-
|
|
|
$0.12
|
|
$0.11
|
|
-
|
|
|
$0.11
|
|
|
|
Thirteen weeks ended (1)
|
|
Thirty-nine weeks ended (1)
|
|
|
|
December 26, 2009
|
|
March 27, 2010
|
|
June 26, 2010
|
|
June 26, 2010
|
|
Increase (decrease)
|
|
As Reported
|
|
Adjust- ments
|
|
As Restated
|
|
As Reported
|
|
Adjust- ments
|
|
As Restated
|
|
As Reported
|
|
Adjust- ments
|
|
As Restated
|
|
As Reported
|
|
Adjust- ments
|
|
As Restated
|
|
Pre-tax income
|
|
$21,915
|
|
($3,762
|
)
|
|
$18,153
|
|
$40,243
|
|
($987
|
)
|
|
$39,256
|
|
$36,719
|
|
($981
|
)
|
|
$35,738
|
|
$98,877
|
|
($5,730
|
)
|
|
$93,147
|
|
Net income
|
|
$12,494
|
|
($2,265
|
)
|
|
$10,229
|
|
$24,702
|
|
($594
|
)
|
|
$24,108
|
|
$18,554
|
|
($591
|
)
|
|
$17,963
|
|
$55,750
|
|
($3,450
|
)
|
|
$52,300
|
|
Basic income per share
|
|
$0.10
|
|
($0.02
|
)
|
|
$0.08
|
|
$0.19
|
|
($0.01
|
)
|
|
$0.18
|
|
$0.14
|
|
-
|
|
|
$0.14
|
|
$0.42
|
|
($0.02
|
)
|
|
$0.40
|
|
Diluted income per share
|
|
$0.09
|
|
($0.02
|
)
|
|
$0.07
|
|
$0.18
|
|
-
|
|
|
$0.18
|
|
$0.13
|
|
-
|
|
|
$0.13
|
|
$0.40
|
|
($0.02
|
)
|
|
$0.38
|
(1) The tax rate in fiscal year 2010 is an estimate at this
time and may change as the Company finalizes its financial statements
for fiscal year 2010.
In accordance with Section 404 of the Sarbanes-Oxley Act of 2002, the
Company's management has been assessing the effectiveness of the
Company's internal controls over financial reporting and disclosure
controls. Based on this assessment, the Company expects to report a
material weakness in the Company's internal controls over financial
reporting, and, therefore, conclude that internal controls over
financial reporting as of September 25, 2010 are not effective. Although
the assessment is not yet complete, management expects to recommend to
the audit committee of the Company's board of directors certain remedial
actions that include (i) the addition of more experienced accounting
staff at the Company's enterprise and business unit levels, (ii) a
formal training program for all accounting and finance personnel, so
that they remain current with accounting rules, regulations and trends,
(iii) a thorough review of the finance and accounting departments, to
ensure that the areas of responsibilities are properly matched to the
staff competencies and that the lines of communication and processes are
as effective as possible and (iv) a thorough review of the processes and
procedures used in the Company's intercompany accounting.
The audit committee and management have discussed the matters disclosed
in this press release with PricewaterhouseCoopers LLP, the Company's
independent registered public accounting firm. The Company is working
diligently to complete the restatement of its financial statements. The
Company expects to file its annual report on Form 10-K, including the
restated financial statements, by no later than December 9, 2010, the
expiration date of the extension period provided by Rule 12b-25 of the
Securities Exchange Act of 1934, as amended. However, there can be no
assurance that the filing will be made within this period.
SEC inquiry
As discussed above, the audit committee of the Company's board of
directors initiated an internal investigation in light of the previously
disclosed inquiry by the staff of the SEC Division of Enforcement. The
audit committee has retained legal counsel and a forensic accounting
team to assist in the investigation and to respond to the requests in
the SEC's inquiry. The internal investigation is nearly complete, and
the Company continues to cooperate fully with the SEC.
About Green Mountain Coffee Roasters, Inc. (NASDAQ: GMCR)
As a leader in the specialty coffee industry, Green Mountain Coffee
Roasters, Inc. is recognized for its award-winning coffees, innovative
brewing technology and socially responsible business practices. GMCR's
operations are managed through two business units. The Specialty Coffee
business unit produces coffee, tea and hot cocoa from its family of
brands, including Tully's Coffee®, Green Mountain Coffee®,
Newman's Own® Organics coffee, Timothy's World Coffee®,
Diedrich®, Coffee People® and Gloria Jeans®,
a trademark licensed to GMCR for use in North America and owned by
Gloria Jeans Coffees International Pty. Ltd. The Keurig business unit is
a pioneer and leading manufacturer of gourmet single-cup brewing
systems. K-Cup® portion packs for Keurig®
Single-Cup Brewers are produced by a variety of roasters, including
Green Mountain Coffee, Tully's, Timothy's and Diedrich. GMCR supports
local and global communities by offsetting 100% of its direct greenhouse
gas emissions, investing in Fair Trade Certified™ coffee, and donating
at least five percent of its pre-tax profits to social and environmental
projects. Visit www.gmcr.com
for more information.
GMCR routinely posts information that may be of importance to investors
in the Investor Relations section of its web site, including news
releases and its complete financial statements, as filed with the SEC.
GMCR encourages investors to consult this section of its web site
regularly for important information and news. Additionally, by
subscribing to GMCR's automatic email news release delivery, individuals
can receive news directly from GMCR as it is released.
Forward-looking statements
Except for historical information, the matters discussed herein are
"forward-looking statements" within the meaning of the applicable
securities laws and regulations. Forward-looking statements, including
statements regarding the Company's intent to restate its prior financial
statements, the estimated adjustments of the restated financials, the
internal investigation by the audit committee of the Company's board of
directors and the expected timing of filing the restated financial
reports, involve risks and uncertainties which may cause actual results
to differ materially from those stated here. Factors that could cause
actual results to differ materially from those in the forward-looking
statements include, but are not limited to, the risk that additional
information may arise from the final conclusion of the audit committee's
internal investigation, the risk that the process of preparing and
auditing the financial statements or other subsequent events would
require the Company to make additional adjustments, the time and effort
required to complete the restatement of the financial reports and the
impact of the inquiry initiated by the SEC and any related or additional
governmental investigative or enforcement proceedings, as well as other
risks described more fully in the Company's filings with the SEC.
Forward-looking statements reflect management's analysis as of the date
hereof. The Company does not undertake to revise these statements to
reflect subsequent developments, other than in its regular, quarterly
earnings releases.
GMCR-C

GMCR
Suzanne DuLong, 802-882-2100
VP IR & Corporate Comm
suzanne.dulong@gmcr.com
Source: Green Mountain Coffee Roasters
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