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 June 30, 2014 Our previously reported results for the quarter ended June 30, 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 of September 30, 2013. The cumulative effect of those adjustments increased previously reported retained earnings by approximately $3.7 million. These adjustments also cumulatively impacted the following balance sheet line items as of June 30, 2014: ASTA FUNDING, INC. AND SUBSIDIARIES Condensed Consolidated Statements Balance Sheet June 30, 2014 As Reported Adjustments As Restated ASSETS Cash and cash equivalents $ 26,017,000 $ 0 $ 26,017,000 Available for sale investments 70,205,000 0 70,205,000 Consumer receivables acquired for liquidation (at net realizable value) 31,514,000 900,000 32,414,000 Structured settlements 35,892,000 0 35,892,000 Investment in personal injury claims 31,733,000 0 31,733,000 Due from third party collection agencies and attorneys 1,138,000 0 1,138,000 Furniture and equipment, net 656,000 0 656,000 Deferred income taxes 8,894,000 (803,000 ) 8,091,000 Goodwill 2,770,000 0 2,770,000 Other assets 4,990,000 0 4,990,000 Total assets $ 213,809,000 $ 97,000 $ 213,906,000 LIABILITIES AND STOCKHOLDERS’ EQUITY Other debt – CBC (including non-recourse notes payable amounting to $13.0 million) 27,434,000 0 27,434,000 Other liabilities 2,723,000 0 2,723,000 Income taxes payable 3,084,000 0 3,084,000 Total liabilities 33,241,000 0 33,241,000 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 12,985,739 130,000 0 130,000 Additional paid in capital 62,648,000 0 62,648,000 Retained earnings 118,306,000 97,000 118,403,000 Accumulated other comprehensive income 22,000 0 22,000 Non-controlling interest (538,000 ) 0 (538,000 ) Total stockholders’ equity 180,568,000 97,000 180,665,000 Total liabilities and stockholders’ equity $ 213,809,000 $ 97,000 $ 213,906,000 ASTA FUNDING, INC. AND SUBSIDIARIES Condensed Consolidated Statements of Income (Unaudited) 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 $0.8 million for the three month period ended June 30, 2014. The restatement of the three month period ended June 30, 2014 is as follow: Three Months Ended June 30, 2014 As Reported Adjustments As Restated Revenues: Finance income on consumer receivables, net $ 6,652,000 $ (1,578,000 ) $ 5,074,000 Personal injury claims income 1,779,000 0 1,779,000 Unrealized gain on structured settlements 620,000 0 620,000 Interest income on structured settlements 786,000 0 786,000 Total revenues 9,837,000 (1,578,000 ) 8,259,000 Forgiveness of non-recourses debt 26,101,000 26,101,000 Other income (includes $116,000 accumulated other comprehensive income reclassification for unrealized net loss on available for sale securities) 336,000 0 336,000 36,274,000 (1,578,000 ) 34,696,000 Expenses: General and administrative 7,012,000 0 7,012,000 Interest expense 413,000 0 413,000 Impairments of consumer receivables acquired for liquidation 19,901,000 (310,000 ) 19,591,000 27,326,000 (310,000 ) 27,016,000 Income before income tax expense (benefit) 8,948,000 (1,268,000 ) 7,680,000 Income tax expense (includes tax benefit of $47,000 accumulated other comprehensive income reclassification for unrealized net loss on available for sale securities) 3,464,000 (491,000 ) 2,973,000 Net income 5,484,000 (777,000 ) 4,707,000 Less: net income attributable to non-controlling interest 20,000 0 20,000 Net income attributable to Asta Funding, Inc. $ 5,464,000 $ (777,000 ) $ 4,687,000 Net income per share attributable to Asta Funding, Inc.: Basic $ 0.42 $ (0.06 ) $ 0.36 Diluted $ 0.41 $ (0.06 ) $ 0.35 Weighted average number of shares outstanding: Basic 12,984,882 12,984,882 Diluted 13,214,703 13,214,703 The adjustments discussed above for applying the cost recovery method, net of related income tax benefit, resulted in an understatement of net loss of approximately $0.6 million for the three month period ended June 30, 2013. The restatement of the three month period ended June 30, 2013 is as follow: Three Months Ended June 30, 2013 As Reported Adjustments As Revised Revenues: Finance income on consumer receivables, net $ 10,003,000 $ (1,031,000 ) $ 8,972,000 Personal injury claims income 2,287,000 0 2,287,000 Total revenues 12,290,000 (1,031,000 ) 11,259,000 Other income (includes $17,000 accumulated other comprehensive income reclassification for unrealized net gain on available for sale securities) 378,000 0 378,000 12,668,000 (1,031,000 ) 11,637,000 Expenses: General and administrative 6,545,000 0 6,545,000 Interest expense 518,000 0 518,000 Impairments of consumer receivables acquired for liquidation 10,148,000 38,000 10,186,000 17,211,000 38,000 17,249,000 (Loss) before income tax (benefit) (4,543,000 ) (1,069,000 ) (5,612,000 ) Income tax (benefit) (includes tax expense of $5,000 accumulated other comprehensive income reclassification for unrealized net gain on available for sale securities) (1,859,000 ) (437,000 ) (2,296,000 ) Net loss (2,684,000 ) (632,000 ) (3,316,000 ) Less: net income attributable to non-controlling interest 53,000 0 53,000 Net (loss) attributable to Asta Funding, Inc. $ (2,737,000 ) $ (632,000 ) $ (3,369,000 ) Net (loss) per share attributable to Asta Funding, Inc.: Basic $ (0.21 ) $ (0.05 ) $ (0.26 ) Diluted $ (0.21 ) $ (0.05 ) $ (0.26 ) Weighted average number of shares outstanding: Basic 12,954,455 12,954,455 Diluted 12,954,455 12,954,455 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 $3.6 million for the nine month period ended June 30, 2014. The restatement of the nine month period ended June 30, 2014 is as follow: Nine Months Ended June 30, 2014 As Reported Adjustments As Restated Revenues: Finance income on consumer receivables, net $ 20,556,000 $ (5,764,000 ) $ 14,792,000 Personal injury claims income 5,724,000 0 5,724,000 Unrealized gain on structured settlements 1,440,000 0 1,440,000 Interest income on structured settlements 1,501,000 0 1,501,000 Total revenues 29,221,000 (5,764,000 ) 23,457,000 Forgiveness of non-recourses debt 26,101,000 0 26,101,000 Other income (includes $141,000 accumulated other comprehensive income reclassification for unrealized net lose on available for sale securities) 1,370,000 0 1,370,000 56,692,000 (5,764,000 ) 50,928,000 Expenses: General and administrative 20,517,000 0 20,517,000 Interest expense 820,000 0 820,000 Impairments of consumer receivables acquired for liquidation 19,901,000 (310,000 ) 19,591,000 41,238,000 (310,000 ) 40,928,000 Income before income tax expense (benefit) 15,454,000 (5,454,000 ) 10,000,000 Income tax expense (includes tax benefit of $57,000 accumulated other comprehensive income reclassifications for unrealized net loss on available for sale securities) 5,676,000 (1,868,000 ) 3,808,000 Net income 9,778,000 (3,586,000 ) 6,192,000 Less: net income attributable to non-controlling interest 483,000 0 483,000 Net income attributable to Asta Funding, Inc. $ 9,295,000 $ (3,586,000 ) $ 5,709,000 Net income per share attributable to Asta Funding, Inc.: Basic $ 0.72 $ (0.28 ) $ 0.44 Diluted $ 0.70 $ (0.27 ) $ 0.43 Weighted average number of shares outstanding: Basic 12,979,472 12,979,472 Diluted 13,208,015 13,208,015 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 $15,000 for the nine month period ended June 30, 2013. The restatement of the nine month period ended June 30, 2013 is as follow: Nine Months Ended June 30, 2013 As Reported Adjustments As Revised Revenues: Finance income on consumer receivables, net $ 26,756,000 $ (1,716,000 ) $ 25,040,000 Personal injury claims income 4,921,000 0 4,921,000 Total revenues 31,677,000 (1,716,000 ) 29,961,000 Other income (includes $192,000 accumulated other comprehensive income reclassification for unrealized net gain on available for sale securities) 1,628,000 0 1,628,000 33,305,000 (1,716,000 ) 31,589,000 Expenses: General and administrative 17,926,000 0 17,926,000 Interest expense 1,621,000 0 1,621,000 Impairments of consumer receivables acquired for liquidation 12,351,000 (1,646,000 ) 10,705,000 31,898,000 (1,646,000 ) 30,252,000 Income (loss) before income tax expense (benefit) 1,407,000 (70,000 ) 1,337,000 Income tax expense (includes tax expense of $76,000 accumulated other comprehensive income reclassification for unrealized net gain on available for sale securities) 498,000 (55,000 ) 443,000 Net income 909,000 (15,000 ) 894,000 Less: net income attributable to non-controlling interest 176,000 0 176,000 Net income attributable to Asta Funding, Inc. $ 733,000 $ (15,000 ) $ 718,000 Net income (loss) per share attributable to Asta Funding, Inc.: Basic $ 0.06 $ 0.00 $ 0.06 Diluted $ 0.06 $ (0.01 ) $ 0.05 Weighted average number of shares outstanding: Basic 12,946,521 12,946,521 Diluted 13,217,656 13,217,656 ASTA FUNDING, INC. AND SUBSIDIARIES Condensed Consolidated Statements 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: Nine Months Ended June 30, 2014 As Reported Adjustments As Restated Cash flows from operating activities Net income $ 9,778,000 $ (3,586,000 ) $ 6,192,000 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation and amortization 450,000 0 450,000 Deferred income taxes 1,095,000 (1,868,000 ) (773,000 ) Impairment of consumer receivables acquired for liquidation 19,901,000 (310,000 ) 19,591,000 Stock based compensation 1,290,000 0 1,290,000 Loss / (gain) on sale of available-for-sale securities 141,000 0 141,000 Structured settlements - accrued interest (1,475,000 ) 0 (1,475,000 ) Structured settlements – gains (1,440,000 ) 0 (1,440,000 ) Forgiveness of non-recourses debt (26,101,000 ) 0 (26,101,000 ) Changes in: Prepaid and income taxes receivable 1,496,000 0 1,496,000 Due from third party collection agencies and attorneys 31,000 0 31,000 Other assets (596,000 ) 0 (596,000 ) Income taxes payable 3,084,000 0 3,084,000 Other liabilities (119,000 ) 0 (119,000 ) Net cash provided by operating activities 7,535,000 (5,764,000 ) 1,771,000 Cash flows from investing activities Purchase of consumer receivables acquired for liquidation (3,702,000 ) 0 (3,702,000 ) Principal collected on receivables acquired for liquidation 10,186,000 5,764,000 15,950,000 Principal collected on receivables accounts represented by account sales 1,000 0 1,000 Purchase of available-for-sale securities (19,845,000 ) 0 (19,845,000 ) Proceeds from sale of available-for-sale securities 8,684,000 0 8,684,000 Cash paid for acquisition (net of cash acquired) (5,588,000 ) 0 (5,588,000 ) Investments in personal injury claims – advances (16,392,000 ) 0 (16,392,000 ) Investments in personal injury claims – receipts 20,417,000 0 20,417,000 Investment in structured settlements – advances (4,696,000 ) 0 (4,696,000 ) Investments in structured settlements – receipts 2,155,000 0 2,155,000 Net cash (used in) provided by investing activities (8,780,000 ) 5,764,000 (3,016,000 ) Cash flows from financing activities Proceeds from exercise of stock options 40,000 0 40,000 Changes in restricted cash 968,000 0 968,000 Distribution to non-controlling interest (837,000 ) 0 (837,000 ) Repayment of non-recourse debt (9,659,000 ) 0 (9,659,000 ) Borrowings of other debt 4,131,000 0 4,131,000 Repayments of other debt (2,560,000 ) 0 (2,560,000 ) Net cash used in financing activities (7,917,000 ) 0 (7,917,000 ) Net (decrease) increase in cash and cash equivalents (9,162,000 ) 0 (9,162,000 ) Cash and cash equivalents at beginning of period 35,179,000 0 35,179,000 Cash and cash equivalents at end of period $ 26,017,000 $ 0 26,017,000 Supplemental disclosure of cash flow information Cash paid for: Interest $ 678,000 $ 0 $ 678,000 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 Nine Months Ended June 30, 2013 As Reported Adjustments As Revised Cash flows from operating activities Net income $ 909,000 $ (15,000 ) $ 894,000 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation and amortization 450,000 0 450,000 Deferred income taxes 85,000 (56,000 ) 29,000 Impairment of consumer receivables acquired for liquidation 12,351,000 (1,646,000 ) 10,705,000 Stock based compensation 1,498,000 0 1,498,000 Loss / (gain) on sale of available-for-sale securities (192,000 ) 0 (192,000 ) Changes in: Prepaid and income taxes receivable 382,000 0 382,000 Due from third party collection agencies and attorneys 802,000 0 802,000 Other assets (2,369,000 ) 0 (2,369,000 ) Other liabilities (1,104,000 ) 0 (1,104,000 ) Net cash provided by operating activities 12,812,000 (1,717,000 ) 11,095,000 Cash flows from investing activities Purchase of consumer receivables acquired for liquidation (3,340,000 ) 0 (3,340,000 ) Principal collected on receivables acquired for liquidation 14,850,000 1,717,000 16,567,000 Principal collected on receivables accounts represented by account sales 432,000 0 432,000 Purchase of available-for-sale securities (29,907,000 ) 0 (29,907,000 ) Proceeds from sale of available-for-sale securities 28,918,000 0 28,918,000 Proceeds from maturities of certificates of deposit 33,918,000 0 33,918,000 Investments in personal injury claims – advances (22,863,000 ) 0 (22,863,000 ) Investments in personal injury claims – receipts 9,162,000 0 9,162,000 Capital expenditures (725,000 ) 0 (725,000 ) Net cash (used in) provided by investing activities 30,445,000 1,717,000 32,162,000 Cash flows from financing activities Proceeds from exercise of stock options 103,000 0 103,000 Changes in restricted cash 21,000 0 21,000 Repayment of non-recourse debt (7,213,000 ) 0 (7,213,000 ) 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 (9,958,000 ) 0 (9,958,000 ) Net (decrease) increase in cash and cash equivalents 33,299,000 0 33,299,000 Cash and cash equivalents at beginning of period 4,953,000 0 4,953,000 Cash and cash equivalents at end of period $ 38,252,000 $ 0 $ 38,252,000 Supplemental disclosure of cash flow information Cash paid for: Interest $ 1,645,000 0 $ 1,645,000 |