SEC settles with VMware for misleading investors by obscuring financial performance

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SEC settles with VMware for misleading investors by obscuring financial performance

The United States Securities and Exchange Commission (SEC) said on Monday it charged VMware with misleading investors by obscuring its financial performance, and has now settled with the company.

VMware was charged with misleading investors about its order backlog management practices, which the agency said enabled it to push revenue into future quarters by delaying product deliveries to customers, thereby concealing the company's slowing performance relative to its projections.

Without admitting or denying the findings in the SEC's order, VMware consented to a cease-and-desist order and will pay an US$8 million penalty, the SEC said.

VMware confirmed in a statement of its own that it reached a settlement with the SEC and agreed to pay the penalty without admitting or denying the SEC’s findings.

The SEC said it found that beginning in fiscal-year 2019, VMware began delaying the delivery of license keys on some sales orders until just after quarter-end so that it could recognise revenue from the corresponding license sales in the following quarter.

"VMware shifted tens of millions of dollars in revenue into future quarters, building a buffer in those periods and obscuring the company’s financial performance as its business slowed relative to projections in fiscal year 2020," the SEC said.

"Although VMware publicly disclosed that its backlog was 'managed based upon multiple considerations,' it did not reveal to investors that it used the backlog to manage the timing of the company’s revenue recognition," the regulator added.

In May, chipmaker Broadcom said it will buy VMware in a US$61 billion cash-and stock deal.

"The SEC Staff has confirmed that it does not intend to recommend enforcement action against any current or former VMware officers or other member of management in connection with the investigation, and this settlement concludes the matter," VMware said in a statement.


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