Tech Data appoints Jean-Paul Durand to chief ethics and compliance officer
American broadliner Tech Data has appointed Jean-Paul Durand to the new position of vice president, chief ethics and compliance officer. In this new global role, Durand will lead Tech Data's worldwide ethics and compliance program, including the company's policies and procedures designed to prevent and detect fraudulent conduct, encourage ethical behavior and a commitment to compliance with the law, and ensure adherence to Tech Data's Code of Conduct. Durand will report to David Vetter, the company's senior vice president, general counsel, as well as the Audit Committee of the company's board of directors. Durand has served as Tech Data's vice president, assistant general counsel since May 2011 and has been with Tech Data since 2000. The company also announced that Wayne Hanewicz has been promoted to vice president, assistant general counsel. Hanewicz has served as assistant general counsel since joining Tech Data in June 2009, leading the legal aspects of projects such as the issuance of Tech Data's $350 million senior notes. In his new role, he will be responsible for the US legal organization and report to Vetter. The company has also appointed a deputy ethics and compliance officer in both its Americas and European regions, reporting directly to Durand. These two new positions will be responsible for managing Tech Data's ethics and compliance program in their respective regions, assisting the chief ethics and compliance officer with monitoring compliance and developing reporting on program effectiveness. The company will also add the new position of regional counsel, Latin America to its Legal department, which will report directly to Vetter, as well as the new position of trade practice counsel, Europe, which will report to Norbert Sourek, the company's general counsel, Europe.
Tech Data reviews its results
Broadliner Tech Data has concluded an independent investigation by the Audit Committee of the Board of Directors into certain accounting practices within the company and also finally filed with the US Securities and Exchange Commission its Annual Report on Form 10-K for the fiscal year ended January 31, 2013. In a matter unrelated to the Audit Committee's investigation and as previously disclosed in the Company's periodic reports, prior to fiscal 2004, Tech Data España was audited in relation to various VAT matters. As a result of those audits, the Spanish subsidiary received notices of assessment that allege the subsidiary did not properly collect and remit VAT. During the fourth quarter of fiscal year 2014, the Spanish National Appellate Court issued an opinion upholding the assessment for several of the assessed years. Although the Company believes the Spanish subsidiary's defense to the assessments has solid legal grounds, and is continuing to vigorously defend its position by appealing to the Spanish Supreme Court, the risk that the assessments will be upheld has significantly increased. The Spanish National Appellate Court opinion represents a subsequent event that occurred prior to the issuance of the fiscal 2013 financial statements in relation to a loss contingency that existed as of January 31, 2013. As a result of this subsequent event, the Company has increased its accrual for costs associated with this matter by recording a charge of €31m in the fiscal 2013 Consolidated Statement of Income, including €22.4m recorded in "value added tax assessment" to cover the assessment and various penalties and €8.7m recorded in "interest expense" for interest that could be assessed. The Company estimates the total exposure for these assessments, including various penalties and interest, is approximately €42.2m, which is included in "accrued expenses and other liabilities" in the Consolidated Balance Sheet at January 31, 2013. On March 21, 2013, Tech Data announced that it would restate some or all of its previously issued quarterly and audited annual financial statements for the fiscal years 2011 and 2012, and some or all of the quarters of fiscal year 2013. At that time, the Company estimated the restatement would reduce previously reported consolidated operating income by an aggregate amount of approximately €23 to €30m, and consolidated net income by an aggregate amount of approximately €19m to €25m, over the three fiscal year period. In addition to fiscal years 2011, 2012, and 2013, the restatement, described in detail in the Company's Annual Report, includes restated selected financial data for fiscal years 2009 and 2010. The cumulative effect of the restatement, excluding the Spanish VAT matter described above, on selected financial data for the Restated Periods is as follows:
- consolidated operating income for the Restated Periods was reduced by a cumulative amount of €34.9m, or 3 percent of the previously reported cumulative operating income for the periods. Excluding an adjustment unrelated to the investigation findings to reclassify gains (losses) on investments related to the Company's non-qualified deferred compensation plan, which had no impact on previously reported pre-tax or net income, the cumulative adjustment to the previously reported operating income for the Restated Periods was €31.1m.
- consolidated net income for the Restated Periods was reduced by a cumulative amount of €20.5m, or 3 percent of the previously reported cumulative net income for the periods.
- earnings per diluted share ("EPS") for the Restated Periods were reduced by a cumulative amount of €0.47, or 3 percent of the previously reported cumulative EPS for the periods.
- the restatement did not have a material impact on the balance sheet or statement of cash flows during the restated periods.
Tech Data introduces worldwide mobile business
American behemoth Tech Data has introduced Tech Data Mobile Solutions, its new worldwide mobile business. Company veteran Rod Millar has been appointed to the new position of senior vice president, Tech Data Mobile Solutions, in which he will lead the strategic direction, operations, and go-to-market execution of Tech Data's worldwide mobile business, including Tech Data Mobile in Europe. Millar will report to Nestor Cano, president, Europe and Joe Quaglia, president, the Americas. Millar has relocated from the United Kingdom and will be based in the company's headquarters in Clearwater, Florida. Millar has been with Tech Data since 2007, serving as President of Tech Data Mobile in Europe. Previously, he was with the Caudwell Group, a leading UK-based telecommunications company, for more than seven years. The company also announced the promotion of Heather Murray to vice president, Tech Data Mobile Solutions. In this role, she will lead the sales, marketing, and operational functions of Tech Data's mobile business in the U.S. A 15-year veteran of the company, Murray has helped lead the company's US mobile strategy since the formation of TDMobility. She has been responsible for the development and delivery of complete end-to-end mobile solutions to enable the company's channel of VARs, from devices to the data center, as well as the recruitment of new vendor partners to TDMobility. Murray, who currently serves as chair of the executive board of CompTIA's Mobility Community, will report directly to Millar. She holds a BBA from the University of Tampa.
A new sales director for Tech Data Mobile
Germany: former NT Plus man Jürgen Jowanowitsch has been appointed new sales director for telephony specialist Tech Data Mobile.
Tech Data test-drives the distribution of iPhone accessories
Telephony specialist Tech Data Mobile has started a pilot programme for Apple's SIMlock-free iPhone 4s, iPhone 5s, iPhone 5c and related accessories in France and Germany. Other countries will follow in the following weeks.
Tech Data Mobile Solutions Deutschland
Tech Data Mobile Solutions Deutschland
Werner-von-Siemens Strasse 35