U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 22313 / March 30, 2012
Securities and Exchange Commission v. Frederick S. Schiff and Richard J. Lane, (U.S.D.C. NJ, Case Number 05cv4132, filed August 22, 2005)
The Securities and Exchange Commission announced that on March 27, 2012, the United States District Court in New Jersey entered final judgments against Frederick S. Schiff, former CFO of Bristol-Myers Squibb Co. (Bristol Myers) and Richard J. Lane, former President of the Worldwide Medicines Group for Bristol Myers. Schiff and Lane consented to the entry of the final judgments without admitting or denying the allegations of the Commission’s complaint.
The Commission’s complaint alleged that for the period January 1, 2000 through December 31, 2001, Schiff and Lane deceived the investing public about the true performance, profitability and growth trends of Bristol Myers and a t their direction, Bristol Myers engaged in a “channel-stuffing” scheme. The complaint alleged that Bristol Myers used financial incentives to induce wholesalers to buy its pharmaceutical products in excess of prescription demand in order to artificially inflate its results, which in turn was necessary in order to meet Bristol Myers’ internal earnings targets and the consensus earnings estimates of Wall Street securities analysts. The complaint alleged that by doing so, Bristol Myers improperly recognized revenue from pharmaceutical sales associated with the channel-stuffing.
Schiff consented to a final judgment permanently enjoining him from violations of Sections 17(a)(2) and 17(a)(3) of the Securities Act of 1933, requiring him to pay disgorgement plus prejudgment interest totaling $130,992, and barring him from serving as an officer or director of a public company for one year. Lane consented to a final judgment permanently enjoining him from violations of Sections 17(a)(2) and 17(a)(3) of the Securities Act of 1933, requiring him to pay disgorgement plus prejudgment interest totaling $36,750, and barring him from serving as an officer or director of a public company for one year.