Xybernaut: Close to insolvencyUnd leider Jahre zu spät den CEO entlassen.
U.S. Attorney investigating wearable computer maker
By Jennifer Inez Ward, MarketWatch
Last Update: 11:25 PM ET April 25, 2005
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SAN FRANCISCO (MarketWatch) -- Xybernaut Corp. late Monday said that it is facing possible insolvency and is in a severe liquidity crisis. The company also disclosed that the U.S. Attorney's Office has opened an investigation.
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The wearable computer-maker also said that it has split up chairmanship duties, which will be lead by three directors.
Last week, Xybernaut said its board has authorized the retention of financial experts to assist in "maximizing shareholder value," a catchphrase that can mean a company is considering putting itself up for sale.
Xybernaut (XYBRE: news, chart, profile) said in a statement that it could not make assurances that it will have sufficient cash to meet its financial obligations or fund continuing operations.
The Fairfax, Va.-based company said that on Friday it was contacted by the U.S. Attorney's Office for the Eastern District of Virginia.
Xybernaut did not give additional details about the investigation, and calls to the U.S. Attorney's Office were not returned Monday night.
Xybernaut said it will cooperate fully with the investigation.
Last week, Xybernaut fired Chief Executive and Chairman Edward Newman, and his brother, President and Chief Operating Officer Steven Newman, after reporting an audit committee investigation found numerous irregularities. See full story.
Xybernaut said the investigation concluded that Edward Newman used substantial company funds for personal expenses, hired family members without disclosing it to the Securities and Exchange Commission and in violation of the company's anti-nepotism policy.
The company also said it found failure to adhere to rules governing public disclosures.
The company's independent auditors also resigned.
On Monday, Xybernaut said the audit committee, through its lawyer, has contacted the SEC about its findings.
Earlier this month, Xybernaut said its financial statements for fiscal 2002, 2003, along with the first three quarters of fiscal 2003 and 2004 should not be relied on.
The company said its new Office of Chairman of the Board has been authorized to retain a restructuring and management consultant. The co-chairmen are former interim Chairman William Tuttle and directors Harry Soyster and Marc Ginsberg.
On Monday Xybernaut shares were unchanged at 26 cents.
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