Published: October 27, 2010
New Details Revealed in Hagens Berman Investigation of Green Mountain Coffee Roasters
SAN FRANCISCO - (BUSINESS WIRE) - New details have come to light in Hagens Berman Sobol Shapiro LLP's
investigation into allegations that Green Mountain Coffee Roasters Inc.
(Nasdaq: GMCR) made a series of materially false and misleading
statements related to the company's business and operations in violation
of the Securities Exchange Act of 1934.
According to filings with the U.S. Securities and Exchange Commission,
two key executives at Green Mountain Coffee Roasters subsidiaries
exercised large amounts of stock options in the weeks just prior to
announcing to investors on Sept. 28, 2010 that the company was the
subject of an investigation by the SEC into its "revenue recognition
practices and the Company's relationship with one of its fulfillment
vendors."
Michelle Stacy, president of Green Mountain Coffee Roasters subsidiary
Keurig Inc., exercised 30,000 Green Mountain Coffee Roasters stock
options and sold them at $30.95 per share on Aug. 18, 2010. She
exercised another 5,000 options and sold them at $35.40 per share on
Sept. 13, 2010 and, finally, exercised 5,000 options at $37 per share on
Sept. 21, 2010. Total proceeds for the three stock sales amounted to
about $1.3 million, SEC filings show.
R. Scott McCreary, president of Green Mountain Coffee Roasters
subsidiary Specialty Coffee Business Unit, exercised 200,000 Green
Mountain Coffee Roasters stock options and sold them at $33.08 per share
on Aug. 18, 2010, filings with the SEC show. Total proceeds for the
stock sales amounted to about $6.6 million.
A class-action lawsuit has already been filed in U.S. District Court in
Vermont. The lawsuit alleges that Green Mountain artificially inflated
the company's stock price by issuing inaccurate and unreliable financial
statements, which were not prepared in accordance with Generally
Accepted Accounting Principles and SEC rules.
Investors who purchased Green Mountain Coffee Roasters common stock
between July 28, 2010 and Sept. 29, 2010, inclusive (the "Class Period" )
and who wish to move to be a lead plaintiff, must file a motion with the
court by Nov. 29, 2010. You may contact our attorneys below to discuss
this matter. Hagens Berman's investigation goes back to 2007.
Hagens Berman's investigation focuses on the SEC's inquiry concerning
"certain revenue recognition practices and the Company's relationship
with one of its fulfillment vendors." Neither the SEC nor Green Mountain
Coffee Roasters management will disclose details of the investigation.
However, since Green Mountain Coffee Roasters' largest fulfillment
vendor, M. Block & Sons Inc., warehouses physical inventory of Keurig
machines and K-Cups, takes orders from retail customers, ships the
products and collects receivables, it is possible that it concerns the
propriety of so-called "bill-and-hold" transactions. Under Financial
Accounting Standards Board rules, if M. Block & Sons initiated such
transactions due to inadequate warehouse capacity, the transactions may
be proper. However, if the transactions were initiated by Green Mountain
Coffee Roasters solely for the purpose of accelerating revenue, then
they would be misleading.
Following the close of trading on Sept. 28, 2010, shareholders learned
of the SEC's inquiry into Green Mountain Coffee Roaster's revenue
recognition, that it had been notified by the SEC of this investigation
as early as Sept. 20, 2010, and that the company was expected to take a
restatement charge in the near term - rendering the company's prior
reported financial statements and reports unreliable, false and
materially misleading. Following this announcement, shares of the
company fell from $37 per share to a low of $27.47 per share.
Hagens Berman seeks confirmation of the allegations made in the
class-action lawsuit filed in U.S. District Court in Vermont. If you
want to consider moving to be a lead plaintiff, and you bought Green
Mountain Coffee Roasters shares between 2007 and Sept. 28, 2010, you are
encouraged to call Reed R. Kathrein at 510-725-3000 for a personal
consultation, or contact the Hagens Berman legal team at GMCR@hbsslaw.com.
Details of the investigation can be found at http://www.hbsslaw.com/cases-and-investigations/GMCR.
About Hagens Berman
Seattle-based Hagens Berman Sobol Shapiro LLP represents whistleblowers,
investors and consumers in complex litigation. The firm has offices in
Boston, Chicago, Colorado Springs, Los Angeles, Phoenix, San Francisco
and Washington, D.C. Founded in 1993, HBSS continues to successfully
fight for investor rights in large, complex litigation. More about the
law firm and its successes can be found at www.hbsslaw.com.

Firmani + Associates Inc.
Mark Firmani, 206-443-9357
mark@firmani.com
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