For those interested in reading the legal complaint, it can be found here: https://petapixel.com/assets/uploads/2022/09/8.15.22-Complaint.pdf
The alleged channel stuffing and continuous disclosure obligations would be my main concerns.
Note that the complaint is dated 15th August. The two product lines mentioned - Neon and AtomX Cast - were both discontinued and the inventory written off in the 1H FY22 results released 30th August.
@BoredSaint Farewell! We each make our decisions according to assessment of the facts in front of us etc.
So, why I am not selling my now small(!) holding? Why does the article in AFR and the Board reponse not - for me - present material new information.
With the former CEO lodging a claim in California Court, the exit process was evidently messy and failed. The nature of the "mess" was always in my view likely to be serious. Now we know. Given the extreme Q-o-Q revenue volatility, I am not surprised that revenue recognition is on the "docket". However, my review of the published accounts does not indicate any "red flags" when assessing the year as a whole, unless everything has been cooked. Of course, that doesn't rule out the possibility for irregularities within the year. We cannot know, looking outside-in.
We also know that there clearly was a bunch of leadership mis-alignment between the then both new CEO/newly hired USA sales and marketing team and the legacy team in Australia. Did this mis-alignment extend to how delivery (sales) was recognised? If sales reports were "fraudulent", why did they drop so precipitously in Q3? You'd think maybe the opposite would happen? One explanation could be that revenue was pulled forward into a soft Q2 to make the 1H report look good, leaving a hole in Q3. But apparently, this has unwound in Q4, alebeit with lots of discounting. Clearly, $AMS internal processes were in a state of turnmoil. But we know that already. Next milestone: I fully expect a 1Q23 sales and cash report. Absence of any would be a red flag.
The other good news, is that the report 4E is Preliminary, so I expect the auditors will be all over this, and I look forward to reading the signed off annual report ahead of the AGM. $AMS producing a signed-off set of accounts is a key milestone.
Speaking now entirely hypothetically (i.e. the following scenario does not relate to any real individual of company). Just imagine, I am applying as CEO for a job and that data (QX-QY-QZ sales and supporting narrative) is on my public resume from my prior position. How do I fix it? I have few if any options. Court action with then a settlement, which I can then explain in an interview with suporting documentation, is one strategy.
Now, back to the real world, the $AMS Board, not an individual, are clearly not playing ball and are going to stare this one down.
I am prepared to hold the line on this, largely because tricky situations around Executive exits are much more commonplace than we get to read about. Most of the time, there is some compensation accompanied by an agreement which prohibits either party from making disclosures that could be judged to disparage the other party. Both parties are usually guided by expert employment lawyers. Both parties are also guided by a sense of self-preservation of reputations. As a former senior exec of a global company just below the Group Executive Management Team, I had first hand experience of two separate such cases with senior employees on my own team over a period of 5 years. The lists of "charges" did not make for pleasant reading, were without substance and proven as such over time. As an Executive advisor over 10 years in Australia, I have seen more such cases, although mercifully not as a direct party to any. It's not fun and a part of management I never enjoyed.
A public blow-up like this in a listed company, is relatively uncommon. I don't ascribe a high likelihood to there being substance behind it, and therefore it doesn't materially alter my valuation posted yesterday. Let's see what emerges over time. I believe the Board will have been very closely involved in the events leading up to the departure of the former CEO, including the decision around the exit terms (or failture to reach agreement).
On balance, I am in the camp "this too shall pass." $AMS for me is one to leave in the drawer and give the Board and Management time to get things back on track.
I thought I would start a forum topic instead of adding straws as there is probably a bit to discuss from the Atomos results and investor call this morning. My quick take before the call.
A lot of hints on the old CEO not doing a great job -->
"Significant further headcount added under previous leadership - largely unwound"
"Restructuring to right-size the business resulted in salary savings ($1.2m) and severance costs ($0.2m) for 13 terminated employees/advisors, costs for legal advice ($0.1m) and other expenses ($0.4m). Represents unnecessary hires who will not be replaced"
Overall a worse than expected year but if they can get the cashflow back to positive and avoid a cap raise then 2023 should be a lot better.