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obtaining fraudulent side letters.  Stockman knew, or was reckless in not knowing, that these transactions were recognized improperly.  Jones, the head of C&A's Fabrics Division, knew that employees in his division were carrying out Stockman's instructions and therefore knew, or was reckless in not knowing, that the rebates were accounted for improperly.

38. At about the same time, C&A also expanded the rebate scheme to other products and services.  In June 2004, C&A negotiated a $150,000 rebate agreement with Allied Waste, contingent on future business.  Here too C&A solicited a side letter falsely tying the rebate to past business.  Although the Allied Waste agreement was executed in October 2004, C&A improperly recognized the rebate in income in the second quarter of 2004.  Stockman and Stepp knew the rebate was contingent on future business, and therefore knew, or were reckless in not knowing, that its immediate recognition was improper.  

39.During the second quarter of 2004 C&A also negotiated rebates for its European operations, including an agreement calling for LVM to provide a €350,000 rebate (approximately $430,000) when a new supply contract was signed.  The new contract was not signed until February 2005.  Gougherty, the Controller for C&A's International Plastics Division, nevertheless directed his subordinates to recognize improperly the anticipated LVM rebate in the second quarter of 2004.  Gougherty knew at that time that the new supply contract had not been signed and consequently knew, or was reckless in not knowing, that the rebate could not be recognized consistent with GAAP.   

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