RESTATEMENT OF PREVIOUSLY ISSUED FINANCIAL STATEMENTS | 3 Months Ended |
Mar. 31, 2014 |
RESTATEMENT OF PREVIOUSLY ISSUED FINANCIAL STATEMENTS | |
RESTATEMENT OF PREVIOUSLY ISSUED FINANCIAL STATEMENTS | NOTE 2: RESTATEMENT OF PREVIOUSLY ISSUED FINANCIAL STATEMENTS |
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The Company has restated its consolidated balance sheet as of March 31, 2014, and its consolidated statement of operations and consolidated statement of cash flow for the quarter ended March 31, 2014. |
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At the time the Company issued the financial statements subject to this restatement, the Company believed that it was relying on generally accepted accounting principles and properly applying those principles. It remains the case that the Company relied upon the correct accounting principles in the accounting in those statements. However, in conjunction with certain changes in the management of the Company, as well as during the course of an internal review initiated by the Audit Committee of the Board of Directors during the first quarter and into the second quarter of 2015 (“Internal Review”), the Company identified errors in the application of the accounting principles for revenue recognition and costing of non-monetary transactions related to its intellectual property portfolio. Specifically, the Company had no prior cash sales of licenses of its patents as of March 31, 2014. To recognize revenue on a non-monetary exchange of a license of its patents for services or licenses to be provided by a counterparty, the Company looked to establish fair value of either the licensed patents or the services or licenses to be received. Based on the nature of the transactions, and after consultation with the Company’s auditors and another outside accounting firm, the Company applied ASC 845-10-30-1, holding that fair value of the services or licenses it would receive in each transaction was more clearly evident than the fair value of the asset surrendered. This methodology was approved by Company’s auditors and another outside accounting firm; this is the correct methodology, and it was the methodology used by the Company. |
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Under ASC 845, fair value in a license-for-services or license-for-license contract in which the cost of the asset being surrendered is not determinable can rely on the fair value of the asset received if it is determinable. The subsequent licenses for services or licenses transactions, as such, might have in the alternative considered the fair value of the services or licenses being provided by the counterparties. However, the Company has now determined following its Internal Review that in applying this methodology it did not have sufficient support to establish the value of the services or licenses provided under the subsequent license-for-services or license-for-license transactions, did not adequately track the value provided by the various counterparties, and did not have sufficient support to establish such services were actually provided as per the terms of the contracts. |
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The Company recorded these revenues as “non-monetary” transactions, and the actual cash position of the Company is unaffected by this restatement. |
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The restatement also reflects that the Company discovered following its Internal Review errors associated with the timing of revenues recognized under certain contracts in terms of the percentage of completion methodology. In such cases, the Company has now learned that it did not maintain sufficient documentation to measure the production activities necessary for such computation. |
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Finally, the Company discovered, following its Internal Review, errors which impacted revenues recognized where collection of the sales price was not reasonably assured. |
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None of the adjustments necessary to correct the errors impacted net cash used in operating activities or the Company’s cash balance. |
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Following its Internal Review, the Company has determined that these errors resulted from material weakness in internal control over financial reporting as discussed under Part 1, Item 4. In particular, the Company concluded that there was a misapplication of relevant accounting guidance and the absence of documentation to support transactions including the failure to trace the delivery of services. The following tables present the impact of the corrections on the previously reported unaudited quarterly financial information. The “As Reported” column in the tables below reflects balances previously reported by the Company in its quarterly report on Form 10-Q. The “Revisions” column shows the impact of adjustments made by the Company to reflect changes in presentation retrospectively as follows: |
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AUDIOEYE, INC. |
CONSOLIDATED BALANCE SHEETS-RESTATED |
(UNAUDITED) |
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| | As Reported | | Revisions | | Restated | | |
March 31, 2014 | March 31, 2014 | |
Current Assets | | | | | | | | |
Cash | | $ | 492,718 | | | | $ | 492,718 | | |
Accounts receivable, net | | 1,295,051 | | (75,913 | ) (a) | 1,219,138 | | |
Related party receivables | | 83,375 | | | | 83,375 | | |
Prepaid assets& security deposits | | 49,643 | | | | 49,643 | | |
Total Current Assets | | 1,920,787 | | (75,913 | ) | 1,844,874 | | |
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Property and equipment, net | | 3,048 | | | | 3,048 | | |
Intangible assets, net | | 3,830,823 | | (674,376 | ) (b) | 3,156,447 | | |
Goodwill | | 700,528 | | | | 700,528 | | |
Total Assets | | $ | 6,455,186 | | (750,289 | ) | $ | 5,704,897 | | |
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LIABILITIES AND STOCKHOLDERS’ DEFICIT | | | | | | | | |
Current Liabilities | | | | | | | | |
Accounts payable and accrued expenses | | $ | 1,275,184 | | | | $ | 1,275,184 | | |
Billings in excess of costs | | — | | 11,321 | (c) | 11,321 | | |
Notes and loans payable-current | | 24,000 | | | | 24,000 | | |
Related party payable | | 87,000 | | | | 87,000 | | |
Related party loans | | 35,000 | | | | 35,000 | | |
Total Current Liabilities | | 1,421,184 | | 11,321 | | 1,432,505 | | |
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Long Term Liabilities | | | | | | | | |
Notes and loans payable-long term | | 69,800 | | | | 69,800 | | |
Total Long Term Liabilities | | 69,800 | | | | 69,800 | | |
Total Liabilities | | 1,490,984 | | 11,321 | | 1,502,305 | | |
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STOCKHOLDERS’ EQUITY | | | | | | | | |
Preferred stock | | — | | | | — | | |
Common stock | | 554 | | | | 554 | | |
Treasury stock | | (623,000 | ) | | | (623,000 | ) | |
Additional paid in capital | | 14,274,875 | | | | 14,274,875 | | |
Accumulated deficit | | (8,688,227 | ) | (761,610 | ) | (9,449,837 | ) | |
Total Stockholders’ Deficit | | 4,964,202 | | (761,610 | ) | 4,202,592 | | |
TOTAL LIABILITIES AND STOCKHOLDERS’ DEFICIT | | $ | 6,455,186 | | (750,289 | ) | $ | 5,704,897 | | |
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(a) Revenues associated with collectability not reasonably assured |
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(b) Revenues associated with non-cash transactions |
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(c) Revenues associated with the timing of recognition under certain percentage of completion contracts |
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AUDIOEYE, INC. |
CONSOLIDATED STATEMENTS OF OPERATIONS-RESTATED |
(UNAUDITED) |
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| | As Reported | | Revisions | | | Restated | |
Three Months | Three Months |
Ended | ended |
March 31, 2014 | March 31, 2014 |
Revenue | | $ | 1,029,761 | | (987,234 | ) (a),(b),(c) | | $ | 42,527 | |
Revenue from related party | | 3,125 | | | | | 3,125 | |
Total revenues | | 1,032,886 | | (987,234 | ) | | 45,652 | |
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Cost of revenues | | 41,153 | | | | | 41,153 | |
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Gross profit | | 991,733 | | (987,234 | ) | | 4,499 | |
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Operating expenses: | | | | | | | | |
Selling & marketing | | 495,383 | | (225,000 | ) (b) | | 270,383 | |
Research & development | | 130,624 | | | | | 130,624 | |
General and administrative expenses | | 1,667,600 | | | | | 1,667,600 | |
Amortization & depreciation | | 99,897 | | (624 | ) (b) | | 99,273 | |
Total operating expenses | | 2,393,504 | | (225,624 | ) | | 2,167,880 | |
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Operating income (loss) | | (1,401,771 | ) | (761,610 | ) | | (2,163,381 | ) |
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Other income (expense) | | | | | | | | |
Unrealized gain (loss) on marketable securities | | — | | | | | — | |
Interest expense | | (6,983 | ) | | | | (6,983 | ) |
Total other income (expense) | | (6,983 | ) | | | | (6,983 | ) |
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Net (loss) | | $ | (1,408,754 | ) | (761,610 | ) | | $ | (2,170,364 | ) |
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Net (loss) per common share - basic and diluted | | $ | (0.03 | ) | (0.01 | ) | | $ | (0.04 | ) |
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Weighted average common shares outstanding - basic and diluted | | 54,215,367 | | | | | 54,215,367 | |
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(a) Revenues associated with collectability not reasonably assured |
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(b) Revenues associated with non-cash transactions |
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(c) Revenues associated with the timing of recognition under certain percentage of completion contracts |
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AUDIOEYE, INC. |
CONSOLIDATED STATEMENTS OF CASH FLOWS-RESTATED |
(UNAUDITED) |
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| | As Reported | | Revisions | | | Restated | |
Three Months | Three Months |
Ended | Ended |
March 31, | March 31, 2014 |
2014 | |
Cash Flows from Operating Activities: | | | | | | | | |
Net (loss) | | $ | (1,408,754 | ) | (761,610 | ) (a),(b),(c) | | $ | (2,170,364 | ) |
Adjustments to reconcile net loss to net cash provided by (used in) operating activities: | | | | | | | | |
Depreciation and amortization | | 99,897 | | (624 | ) (b) | | 99,273 | |
Stock, option and warrant expense | | 849,148 | | | | | 849,148 | |
Unrealized (gain) loss on investments | | — | | | | | — | |
Amortization of debt discount | | 1,155 | | | | | 1,155 | |
Changes in operating assets and liabilities: | | | | | | | | |
Accounts receivable | | (725,754 | ) | 75,913 | (a) | | (649,841 | ) |
Related party receivable | | (1,125 | ) | | | | (1,125 | ) |
Prepaid & other assets | | (49,643 | ) | | | | (49,643 | ) |
Accounts payable and accruals | | 116,153 | | 675,000 | (b) | | 791,153 | |
Billings in excess of costs | | — | | 11,321 | (c) | | 11,321 | |
Deferred revenue | | — | | | | | — | |
Related party payables | | (156,424 | ) | | | | (156,424 | ) |
Net cash (used in) operating activities | | (1,275,347 | ) | | | | (1,275,347 | ) |
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Cash Flows from Investing Activities: | | | | | | | | |
Cash paid for intangible assets | | (113,476 | ) | | | | (113,476 | ) |
Net cash (used in) by investing activities | | (113,476 | ) | | | | (113,476 | ) |
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Cash Flows from Financing Activities: | | | | | | | | |
Repayment of note payable | | (160,000 | ) | | | | (160,000 | ) |
Issuance of common stock for cash | | 181,537 | | | | | 181,537 | |
Issuance of equity for cash exercise of options and warrants | | 13,000 | | | | | 13,000 | |
Proceeds from third party loans | | — | | | | | — | |
Net cash provided by financing activities | | 34,537 | | | | | 34,537 | |
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Increase (decrease) in cash | | (1,354,286 | ) | | | | (1,354,286 | ) |
Cash - beginning of period | | 1,847,004 | | | | | 1,847,004 | |
Cash - end of period | | $ | 492,718 | | | | | $ | 492,718 | |
NON-CASH FINANCING ACTIVITIES | | | | | | | | |
Common stock issued for conversion of debt | | $ | — | | | | | $ | — | |
Warrants issued for related party loans | | — | | | | | — | |
Common stock issued to CMGO for debt repayment | | — | | | | | — | |
Patents capitalized in accounts payable | | — | | | | | — | |
Accounts payable converted into debt | | — | | | | | — | |
Intangible assets purchased with accounts payable | | 742,500 | | (742,500 | ) (b) | | — | |
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION | | | | | | | | |
Interest paid | | $ | 3,658 | | | | | $ | 3,658 | |
Income taxes paid | | $ | — | | | | | $ | — | |
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(a) Revenues associated with collectability not reasonably assured |
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(b) Revenues associated with non-cash transactions |
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(c) Revenues associated with the timing of recognition under certain percentage of completion contracts |