49.In August 2004, C&A sold $415 million in restricted senior subordinated notes. C&A's offering memoranda incorporated C&A's financial statements from 2001 through the second quarter of 2004. Because C&A's financial statements for the fourth quarter of 2001 through the second quarter of 2004 were materially false or misleading, the offering memoranda were false or misleading. Stockman, Stepp, and Cosgrove participated in drafting these memoranda or in the marketing presentations relating to sale of the restricted senior subordinated notes, knowing that the memoranda and the marketing materials contained false or misleading financial information due to C&A's improper recognition of supplier payments.
50.In connection with C&A's quarterly reports for the second quarter of 2003 through the third quarter of 2004 and C&A's annual report for 2003, Stockman signed certifications stating that the C&A financial statements and other financial information included in the reports fairly presented C&A's financial condition, results of operations, and cash flows for the reporting period. Stepp signed such certifications in connection with C&A’s quarterly reports for the third quarter of 2002 through the second quarter of 2004 and C&A’s annual reports for 2002 and 2003. These certifications were false or misleading, and were known by Stockman and Stepp to be false or misleading.
51. As a result of the round-trip transactions with McCallum and the fraudulent rebate scheme, C&A materially overstated its income, or reduced its losses, in its quarterly reports (Form 10-Q) and annual reports (Form 10-K) for each reporting period from the fourth quarter of 2001 through the third quarter of 2004. Stockman and McCallum signed C&A's annual reports (Form 10-K) for each year from 2001 through