Restatement of Quarterly Financial Statements and Revision of Prior Period Financial Statements | Note 2—Restatement of Quarterly Financial Statements and Revision of Prior Period Financial Statements Restatement of Quarterly Financial Statements for the Period Ended March 31, 2014 Our previously reported results for the quarter ended March 31, 2014, reported finance income on the interest method in accordance with FASB Accounting Standards Codification (“ASC”) 310-30, Receivables – Loans and Debt Securities Acquired with Deteriorated Credit Quality Revision of Prior Period Annual Financial Statements In addition, we identified pre-tax errors in prior annual periods related to the application of the interest method for consumer receivables acquired for liquidation and accounted for under ASC 310-30. During those prior annual periods, the Company had determined the effective yield for its distressed consumer receivable portfolios by analyzing actual cash flows versus the amount of cash flows expected to be collected over the life of the loan as opposed to performing this analysis using the current cash flow variations (i.e., actual versus estimated cash flows within a particular quarter). As disclosed in the detail that follows, this misstatement resulted in an increase in finance receivables of approximately $6.4 million, with a decrease in deferred taxes of approximately $2.7 million and a resulting increase to retained earnings of approximately $3.7 million in this Form 10-Q/A as of September 30, 2013. The impact of the misstatements in the prior years’ financial statements was not material to any of those years or interim periods, respectively, however, the cumulative effect of correcting all of the prior period misstatements in fiscal year 2014 would be material to our fiscal year 2014 consolidated financial statements. As such, consistent with the guidance in ASC Topic 250, Accounting Changes and Error Corrections In evaluating whether the previously issued financial statements were materially misstated, the Company applied SEC Staff Accounting Bulletin (SAB) No. 108, Considering the Effects of Prior Year Misstatements when Quantifying Misstatements in Current Year Financial Statements Under SAB No. 108, prior-year misstatements which, if corrected in the current year would be material, must be corrected by adjusting prior year financial statements, even though such correction previously was and continues to be immaterial to the prior-year financial statements. Correcting prior-year financial statements for such “immaterial misstatements” does not require previously filed reports to be amended. In accordance with accounting guidance presented in ASC 250-10 (SEC Staff Accounting Bulletin No. 99, Materiality), the Company assessed the materiality of the misstatements and concluded that they were not material to any of the Company’s previously issued annual or interim period financial statements. Due to the immaterial nature of the misstatement corrections, the cumulative adjustments required to correct the misstatements in the financial statements prior to the fiscal year ended September 30, 2013 are reflected in the revised stockholders’ equity as an adjustment to the beginning balance of retained earnings as of September 30, 2013. The cumulative effect of those adjustments increased previously reported retained earnings by $3.7 million. These adjustments also cumulatively impacted the following balance sheet line items as of March 31, 2014: ASTA FUNDING, INC. AND SUBSIDIARIES Condensed Consolidated Statements Balance Sheet March 31, 2014 As Reported Adjustments As Restated ASSETS Cash and cash equivalents $ 28,275,000 $ 0 $ 28,275,000 Available for sale investments 69,539,000 0 69,539,000 Restricted cash 801,000 0 801,000 Consumer receivables acquired for liquidation (at net realizable value) 52,071,000 2,168,000 54,239,000 Structured settlements 33,330,000 0 33,330,000 Investment in personal injury claims 30,318,000 0 30,318,000 Due from third party collection agencies and attorneys 1,554,000 0 1,554,000 Furniture and equipment, net 806,000 0 806,000 Deferred income taxes 9,691,000 (1,294,000 ) 8,397,000 Goodwill 2,770,000 0 2,770,000 Other assets 4,923,000 0 4,923,000 Total assets $ 234,078,000 $ 874,000 $ 234,952,000 LIABILITIES AND STOCKHOLDERS’ EQUITY Non-recourse debt – Bank of Montreal $ 30,778,000 $ 0 $ 30,778,000 Other debt – CBC (including non-recourse notes payable amounting to $13.5 million) 26,217,000 0 26,217,000 Other liabilities 2,425,000 0 2,425,000 Income taxes payable 201,000 0 201,000 Total liabilities 59,621,000 0 59,621,000 Commitments and contingencies STOCKHOLDERS’ EQUITY Preferred stock, $0.01 par value; authorized 5,000,000; issued and outstanding - none — — — Common stock, $.01 par value, authorized 30,000,000 shares; issued and outstanding 12,984,239 130,000 0 130,000 Additional paid in capital 62,189,000 0 62,189,000 Retained earnings 112,842,000 874,000 113,716,000 Accumulated other comprehensive loss, net of income taxes (303,000 ) 0 (303,000 ) Non-controlling interest (401,000 ) 0 (401,000 ) Total stockholders’ equity 174,457,000 874,000 175,331,000 Total liabilities and stockholders’ equity $ 234,078,000 $ 874,000 $ 234,952,000 The adjustments discussed above for applying the cost recovery method, net of related income tax benefit, resulted in an overstatement of net income of approximately $1.4 million for the three month period ended March 31, 2014. The restatement of the three month period ended March 31, 2014 is as follows: ASTA FUNDING, INC. AND SUBSIDIARIES Condensed Consolidated Statements of Income (Unaudited) Three Months Ended March 31, 2014 As Reported Adjustments As Restated Revenues: Finance income on consumer receivables, net $ 6,989,000 $ (1,919,000 ) $ 5,070,000 Personal injury claims income 1,166,000 0 1,166,000 Unrealized gain on structured settlements 820,000 0 820,000 Interest income on structured settlements 715,000 0 715,000 Other income (includes $0 of accumulated other comprehensive income reclassification for unrealized net gains on available for sale securities) 491,000 491,000 10,181,000 (1,919,000 ) 8,262,000 Expenses: General and administrative 7,738,000 0 7,738,000 Interest expense 398,000 0 398,000 8,136,000 0 8,136,000 Income before income taxes 2,045,000 (1,919,000 ) 126,000 Income tax expense (includes tax expense of $0 of accumulated other comprehensive income reclassifications for unrealized net (losses) gains on available for sale securities) 589,000 (552,000 ) 37,000 Net income 1,456,000 (1,367,000 ) 89,000 Less: net income attributable to non-controlling interest 14,000 0 14,000 Net income attributable to Asta Funding, Inc. $ 1,442,000 $ (1,367,000 ) $ 75,000 Net income per share attributable to Asta Funding, Inc.: Basic $ 0.11 $ (0.10 ) $ 0.01 Diluted $ 0.11 $ (0.10 ) $ 0.01 Weighted average number of shares outstanding: Basic 12,979,350 12,979,350 Diluted 13,209,314 13,209,314 The adjustments discussed above for applying the cost recovery method, net of related income tax expense, resulted in an understatement of net income of approximately $0.7 million for the three month period ended March 31, 2013. The restatement of the three month period ended March 31, 2013 is as follows: ASTA FUNDING, INC. AND SUBSIDIARIES Condensed Consolidated Statements of Income (Unaudited) Three Months Ended March 31, 2013 As Reported Adjustments As Restated Revenues: Finance income on consumer receivables, net $ 8,263,000 $ (625,000 ) $ 7,638,000 Personal injury claims income 1,392,000 0 1,392,000 Other income (includes $0 of accumulated other comprehensive income reclassification for unrealized net gains on available for sale securities) 430,000 0 430,000 10,085,000 (625,000 ) 9,460,000 Expenses: General and administrative 5,788,000 0 5,788,000 Interest expense 534,000 0 534,000 Impairments of consumer receivables acquired for liquidation 2,203,000 (1,790,000 ) 413,000 8,525,000 (1,790,000 ) 6,735,000 Income before income taxes 1,560,000 1,165,000 2,725,000 Income tax expense (includes tax expense of $0 of accumulated other comprehensive income reclassifications for unrealized net gains on available for sale securities) 600,000 448,000 1,048,000 Net income 960,000 717,000 1,677,000 Less: net income attributable to non-controlling interest 78,000 0 78,000 Net income attributable to Asta Funding, Inc. $ 882,000 $ 717,000 $ 1,599,000 Net income per share attributable to Asta Funding, Inc.: Basic $ 0.07 $ 0.05 $ 0.12 Diluted $ 0.07 $ 0.05 $ 0.12 Weighted average number of shares outstanding: Basic 12,943,896 12,943,896 Diluted 13,226,351 13,226,351 The adjustments discussed above for applying the cost recovery method, net of related income tax benefit, resulted in an overstatement of net income of approximately $2.8 million for the six month period ended March 31, 2014. The restatement of the six month period ended March 31, 2014 is as follows: ASTA FUNDING, INC. AND SUBSIDIARIES Condensed Consolidated Statements of Income (Unaudited) Six Months Ended March 31, 2014 As Reported Adjustments As Restated Revenues: Finance income on consumer receivables, net $ 13,904,000 $ (4,186,000 ) $ 9,718,000 Personal injury claims income 3,945,000 0 3,945,000 Unrealized gain on structured settlements 820,000 0 820,000 Interest income on structured settlements 715,000 0 715,000 Other income (includes $25,000 of accumulated other comprehensive income reclassification for unrealized net losses on available for sale securities) 1,034,000 0 1,034,000 20,418,000 (4,186,000 ) 16,232,000 Expenses: General and administrative 13,505,000 0 13,505,000 Interest expense 407,000 0 407,000 13,912,000 0 13,912,000 Income before income taxes 6,506,000 (4,186,000 ) 2,320,000 Income tax expense (includes tax benefit of $10,00 of accumulated other comprehensive income reclassifications for unrealized net losses on available for sale securities) 2,212,000 (1,377,000 ) 835,000 Net income 4,294,000 (2,809,000 ) 1,485,000 Less: net income attributable to non-controlling interest 463,000 0 463,000 Net income attributable to Asta Funding, Inc. $ 3,831,000 $ (2,809,000 ) $ 1,022,000 Net income per share attributable to Asta Funding, Inc.: Basic $ 0.30 $ (0.22 ) $ 0.08 Diluted $ 0.29 $ (0.21 ) $ 0.08 Weighted average number of shares outstanding: Basic 12,976,766 12,976,766 Diluted 13,204,671 13,204,671 The adjustments discussed above for applying the cost recovery method, net of related income tax expense, resulted in an understatement of net income of approximately $0.6 million for the six month period ended March 31, 2013. The restatement of the six month period ended March 31, 2013 is as follows: ASTA FUNDING, INC. AND SUBSIDIARIES Condensed Consolidated Statements of Income (Unaudited) Six Months Ended March 31, 2013 As Reported Adjustments As Restated Revenues: Finance income on consumer receivables, net $ 16,753,000 $ (685,000 ) $ 16,068,000 Personal injury claims income 2,634,000 0 2,634,000 Other income (includes $175,000 of accumulated other comprehensive income reclassification for unrealized net gains on available for sale securities) 1,250,000 0 1,250,000 20,637,000 (685,000 ) 19,952,000 Expenses: General and administrative 11,381,000 0 11,381,000 Interest expense 1,103,000 0 1,103,000 Impairments of consumer receivables acquired for liquidation 2,203,000 (1,684,000 ) 519,000 14,687,000 (1,684,000 ) 13,003,000 Income before income taxes 5,950,000 999,000 6,949,000 Income tax expense (includes tax expense of $71,000 of accumulated other comprehensive income reclassifications for unrealized net gains on available for sale securities) 2,357,000 382,000 2,739,000 Net income 3,593,000 617,000 4,210,000 Less: net income attributable to non-controlling interest 123,000 0 123,000 Net income attributable to Asta Funding, Inc. $ 3,470,000 $ 617,000 $ 4,087,000 Net income per share attributable to Asta Funding, Inc.: Basic $ 0.27 $ 0.05 $ 0.32 Diluted $ 0.26 $ 0.05 $ 0.31 Weighted average number of shares outstanding: Basic 12,942,554 12,942,554 Diluted 13,213,218 13,213,218 ASTA FUNDING, INC. AND SUBSIDIARIES Condensed Consolidated Statement of Cash Flows (Unaudited) The adjustments discussed above also resulted in changes to previously reported amounts in our consolidated statements of cash flows. The previously reported changes in operating assets and liabilities in the reconciliation of net income to cash provided by operating activities have been restated and revised as detailed in the tables below. Six Months Ended March 31, 2014 As Reported Adjustments As Restated Cash flows from operating activities Net income $ 4,294,000 $ (2,809,000 ) $ 1,485,000 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation and amortization 300,000 0 300,000 Deferred income taxes 514,000 (1,377,000 ) (863,000 ) Stock based compensation 841,000 0 841,000 Loss on sale of available-for-sale securities 25,000 0 25,000 Structured settlements accrued interest and gains (1,528,000 ) 0 (1,528,000 ) Changes in: 0 Prepaid and income taxes receivable 1,496,000 0 1,496,000 Due from third party collection agencies and attorneys (385,000 ) 0 (385,000 ) Other assets (529,000 ) 0 (529,000 ) Income taxes payable 201,000 0 201,000 Other liabilities (417,000 ) 0 (417,000 ) Net cash provided by operating activities 4,812,000 (4,186,000 ) 626,000 Cash flows from investing activities Purchase of consumer receivables acquired for liquidation (969,000 ) 0 (969,000 ) Principal collected on receivables acquired for liquidation 6,798,000 4,186,000 10,984,000 Purchase of available-for-sale securities (15,920,000 ) 0 (15,920,000 ) Proceeds from sale of available-for-sale securities 5,000,000 0 5,000,000 Cash paid for acquisition (net of cash acquired) (5,588,000 ) 0 (5,588,000 ) Investments in personal injury claims – advances (10,019,000 ) 0 (10,019,000 ) Investments in personal injury claims – receipts 15,459,000 0 15,459,000 Investment in structured settlements – advances (2,359,000 ) 0 (2,359,000 ) Investments in structured settlements – receipts 993,000 0 993,000 Net cash (used in) provided by investing activities (6,605,000 ) 4,186,000 (2,419,000 ) Cash flows from financing activities Proceeds from exercise of stock options 30,000 0 30,000 Changes in restricted cash 167,000 0 167,000 Distribution to non-controlling interest (680,000 ) 0 (680,000 ) Repayment of non-recourse debt (4,982,000 ) 0 (4,982,000 ) Net borrowings of other debt 354,000 0 354,000 Net cash used in financing activities (5,111,000 ) 0 (5,111,000 ) Net (decrease) increase in cash and cash equivalents (6,904,000 ) 0 (6,904,000 ) Cash and cash equivalents at beginning of period 35,179,000 0 35,179,000 Cash and cash equivalents at end of period $ 28,275,000 $ 0 $ 28,275,000 Supplemental disclosure of cash flow information Cash paid for: Interest $ 420,000 0 $ 420,000 Supplemental disclosures of non-cash investing and financing activities: Structured settlements $ 30,436,000 0 $ 30,436,000 Other debt – CBC 23,363,000 0 23,363,000 Retirement of treasury stock 17,805,000 0 17,805,000 ASTA FUNDING, INC. AND SUBSIDIARIES Condensed Consolidated Statement of Cash Flows (Unaudited) Six Months Ended March 31, 2013 As Reported Adjustments As Restated Cash flows from operating activities Net income $ 3,593,000 $ 617,000 $ 4,210,000 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation and amortization 300,000 0 300,000 Deferred income taxes 518,000 382,000 900,000 Impairment of consumer receivables acquired for liquidation 2,203,000 (1,684,000 ) 519,000 Stock based compensation 885,000 0 885,000 Loss / (gain) on sale of available-for-sale securities (175,000 ) 0 (175,000 ) Changes in: Prepaid and income taxes receivable 1,809,000 0 1,809,000 Due from third party collection agencies and attorneys 845,000 0 845,000 Other assets (468,000 ) 0 (468,000 ) Other liabilities (640,000 ) 0 (640,000 ) Net cash provided by operating activities 8,870,000 (685,000 ) 8,185,000 Cash flows from investing activities Principal collected on receivables acquired for liquidation 9,852,000 685,000 10,537,000 Principal collected on receivables accounts represented by account sales 8,000 0 8,000 Purchase of available-for-sale securities (27,740,000 ) 0 (27,740,000 ) Proceeds from sale of available-for-sale securities 27,008,000 0 27,008,000 Proceeds from maturities of certificates of deposit 22,726,000 0 22,726,000 Investments in personal injury claims – advances (15,954,000 ) 0 (15,954,000 ) Investments in personal injury claims – receipts 6,363,000 0 6,363,000 Capital expenditures (725,000 ) 0 (725,000 ) Net cash (used in) provided by investing activities 21,538,000 685,000 22,223,000 Cash flows from financing activities Proceeds from exercise of stock options 24,000 0 24,000 Changes in restricted cash 163,000 0 163,000 Repayment of non-recourse debt (4,640,000 ) 0 (4,640,000 ) Dividends paid (1,290,000 ) 0 (1,290,000 ) Purchase of treasury stock (1,579,000 ) 0 (1,579,000 ) Net cash used in financing activities (7,322,000 ) 0 (7,322,000 ) Net (decrease) increase in cash and cash equivalents 23,086,000 0 23,086,000 Cash and cash equivalents at beginning of period 4,953,000 0 4,953,000 Cash and cash equivalents at end of period $ 28,039,000 $ 0 $ 28,039,000 Supplemental disclosure of cash flow information Cash paid for: Interest $ 1,113,000 0 $ 1,113,000 |