Bonum Certa Men Certa

Microsoft Sued (Class Action) for "False and Misleading Statements" Regarding "Financial Performance"

Financial fraud continues, without the 'Bernard Madoff' treatment

Bernard Madoff



Summary: The latest crimes of Microsoft lead to a class action lawsuit filed by its own shareholders

Microsoft is no stranger to financial fraud, which goes a long way back at the company. The software monopolist, Microsoft, habitually defrauds investors. I can say that with confidence given my decade or so of research into it. Traditionally, Microsoft has bribed the accusers, but what happens when class action is at stake? Microsoft paid, while entering debt/operating at a loss, millions of dollars to one employee who had blown the whistle on financial misconduct (also see [1, 2]), but can Microsoft afford to bribe millions of people?



The press release about this new class action lawsuit says:



The complaint charges Microsoft and certain of its officers with violations of the Securities Exchange Act of 1934. Microsoft is the world's largest software company, primarily as a result of its near-monopoly on Windows personal computer ("PC") operating system software and its Microsoft Office collection of productivity programs.

The complaint alleges that, during the Class Period, defendants issued materially false and misleading statements regarding the Company's financial performance and its tablet computer, the Surface RT. Specifically, defendants misrepresented and failed to make public the following adverse facts: (i) that the Company's Surface RT product was experiencing poor customer demand and lackluster sales; (ii) that the Company's Surface RT inventory experienced a material decline in value during the quarter ended March 31, 2013; (iii) that the Company's financial statements for the quarter ended March 31, 2013 were materially false and misleading and violated Generally Accepted Accounting Principles and Microsoft's publicly disclosed policy of accounting for inventories; (iv) that the Company's Form 10-Q for its third quarter of 2013 failed to disclose then presently known trends, events or uncertainties associated with the Surface RT product that were reasonably likely to have a material effect on Microsoft's future operating results; and (v) that based on the foregoing, defendants lacked a reasonable basis for their positive statements about the Company's Surface RT product during the Class Period.


"It's a pretty clear case about lying," iophk says. "It's there in black and white and registered with official sources. Not much chance for a normal company. However, there are people that help Microsoft avoid the regular rules of business."

We have covered some examples of that before. iophk continues: "Will they still make a special exception for Microsoft even in the case of defrauding investors and the government?

"Wasn't there a good quote from an authority that criticised Gates for equating being forced to follow the rules with an attempt to destroy Microsoft?"

'A government official involved in the case said: "The government is not trying to destroy Microsoft, it's simply seeking to compel Microsoft to obey the law. It's quite revealing that Mr. Gates equates the two."' (source)

Here is some further commentary on this news:

No, they’re not being cooked, just sued for misrepresenting their financial situation in public statements upon which some investors base their decisions.


Pro-Microsoft sites like Neowin covered this with apparent concern:

The exact sales of Microsoft's Surface RT tablets are the subject of a newly filed class action lawsuit against the company. The lawsuit alleges that Microsoft has issued "false and misleading statements" concerning the sales of its first PC hardware product, which Microsoft launched in October 2012.

The law firm of Robbins Geller Rudman & Dowd filed the suit on behalf of the plaintiff, Gail Fialkov, and Microsoft is named as a defendant in the case. In addition, the lawsuit names CEO Steve Ballmer as a defendant along with former CFO Peter Klein; Corporate Vice President Frank Brod; and Tami Reller, who served as the head of business and marketing for the Windows division until the company's recent restructuring, when she was then named as head of all marketing.

The lawsuit claims that Microsoft failed to state how bad sales of the Surface RT have been and that the company's inventory of the tablet "experienced a material decline in value during the quarter ended March 31, 2013." The lawsuit also alleges that Microsoft's financial statements for that same quarter were "materially false and misleading" and violated both general accounting practices along with Microsoft's own "policy of accounting for inventories." The law firm is seeking an unspecified amount of damages from Microsoft.


"Pogson covered it yesterday," wrote iopkh, "Microsoft got caught lying to the SEC. PCWorld [part of IDG] is trying to cover for them now." Here comes IDG with Microsoft-leaning promotional language that belittles the case:

Microsoft couldn’t be reached for comment at press time.


The promotional language is not hard to see. Apparently crime is not taken seriously anymore, especially when rich people commit the crime (unless they're lone wolves like Bernard Madoff and not Goldman Sachs, hence easier to prosecute and use as a whipping boy to appease the public).

Recent Techrights' Posts

Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete
 
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Links 26/10/2025: Microsoft Spies on Gamers, Open Transport Community Conference
Links for the day
Links 26/10/2025: LLM Slop / Plagiarism Programs Continue to Disappoint, CISA Layoffs Threaten Systems
Links for the day
Gemini Links 26/10/2025: Gemsync and Joining the Small Web
Links for the day
India.com a Click-baiting, SEO-Spamming, Slopfarming Heap
They do this almost every day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 25, 2025
IRC logs for Saturday, October 25, 2025
Without XBox Consoles, XBox is No More, It's Just a Brand (More Rumours of Microsoft Ending XBox, Then Laying Off Lots of Staff)
All signs indicate that Microsoft wants to "exit" the XBox business (not brand), but it does not want to publicly admit this as it would alarm staff and shareholders
Gemini Links 25/10/2025: Portugal, Midnightpub, and "Tech Right Admins"
Links for the day
Almost 2026 Already (When We Turn Twenty)
In just over a year the site will turn 20
When "Sponsored Feature" in The Register MS Means Ponzi Scheme Promotion From the Communist Party of China (CPC)
the promotion of a financial scam
Week of EPO Leaks: Workers of the EPO Are Getting a Pay Cut While Prices Rise Fast
More to come in the next few days
Microsoft is Finally Giving Up on XBox, The Chief Says the Grapes Are Sour Anyway
Microsoft loses hundreds of dollars on each XBox that it sells
Slopwatch: LinuxSecurity, UbuntuPIT, and Various Slopfarms Propped up by Google News
Why can't Google News do better than this?
Links 25/10/2025: Two New Smokescreens for Scam Altman and ‘TikTok USA’ Remains in Limbo
Links for the day
Bad faith: can't change Debian Social Contract (DSC) without unanimous consent of every joint author
Reprinted with permission from Daniel Pocock
Confirmed: Very Close Friend of Bill Gates and Microsoft's Biggest Patent Troll Nathan Myhrvold Flew the Lolita Express (a Gateway to Pedophilia), According to Bill Gates-Sponsored Seattle Times
There is no speculation or any "conspiracy theories" here;' those are verified facts
Gemini Links 25/10/2025: "The Highest Leader of The Global Civil Society Community", SSL Certificates Causing Bitrot
Links for the day
Links 25/10/2025: Target Layoffs and "Shutdown Sparks 85% Increase in US Government Cyberattacks"
Links for the day
"Big Data" Was a Big Lie
Remember "Big Data"? Remember "Data Scientists"...?
statCounter Has Been Broken for a Long Time
Considering the huge proportion of Web requests that come from LLM bots (more so this past year or two), statCounter may struggle to justify the operating costs
Techrights Anniversary Party on November 7th
Let us know if you need any accommodation-related arrangements
Trends That Must Alarm Microsoft and Mozilla
Expect Firefox to no longer be supported by various sites in the US
Why Microsoft Became the Layoffs Leader
The corporate media is projecting or signalling its own dishonesty when it tells us that Microsoft is a very "valuable" company while the data shows Microsoft is also a "market leader" in layoffs
Speaking for Ourselves and Letting the Facts Speak for Themselves
we've already published over 50,000 pages
For Second Time in a Day The Register MS Takes Money From Private Companies to Sell a Ponzi Scheme
Do not have empathy for those who have zero empathy towards you
IBM is Misleading IBM Shareholders
IBM is still all about vapourware and buzzwords
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 24, 2025
IRC logs for Friday, October 24, 2025