Dex published telephone directories year-round in approximately 300 markets in 14 states. It earned revenue by selling advertising space in its directories. Each of its directories typically had a life of 12 month, and Qwest traditionally recognized directory revenue over the life of the directory. However, in late 1999 Dex adopted a ‘point of publication’’ method of accounting and began to recognize all advertising revenue for a directory as soon as Dex began deliveries of that directory to the public
In august 200 Dex executives allegedly informed Qwest senior management that Dex would be unable to achieve the aggressive 2000 earnings’ targets that management had set for it. As one option for making up for the shortfall’ Dex suggested that it could publish Dex’s Colorado springs directory in december2000 rather than January 2001 as scheduled, thereby allowing Qwest to recognize revenue from the directory in 2000 rather than 2001. One Dex executive expressed opposition, citing his concern that such a schedule change would severely reduce 2001 revenue and earnings. He also expressed his view that Qwest probably would be required to disclose the change in the regulatory filings with the SEC. Despite this executive’s opposition, Qwest senior management allegedly instructed dex to move forward with the proposed change.