In a twist that has left investors reeling, the SEC has charged Archer-Daniels-Midland Company (ADM) and three of its former executives with accounting fraud. The complaint alleges that ADM's Nutrition segment was the epicenter of this financial scandal, with executives making retroactive adjustments to make the unit appear more profitable than it really was.
According to the SEC, former executive Vikram Luthar masterminded these fraudulent adjustments. When the Nutrition segment fell short of profit targets, Luthar allegedly directed retroactive rebates and price changes, creating a facade of 15-20% operating profit growth. These moves were far from standard practice and were not offered to third-party customers.
The SEC's settled order finds that Vince Macciocchi and Ray Young were also involved in structuring these shady deals. The adjustments were targeted to specific dollar amounts to hit profit goals or mask shortfalls. ADM's cooperation and significant remedial measures, including a thorough internal investigation and new internal accounting controls, played a role in the settlement.
"Transparent and honest disclosure are key to maintaining market integrity, so when ADM misled its investors, the SEC stepped in to protect them and the market," said Judge Margaret A. Ryan, Director of the SEC’s Division of Enforcement. The SEC praised ADM for its cooperation and efforts to prevent future violations.