as charges-to-earn ings, as required by GAAP. “The term generally accepted accounting principles ... is a term of art encompassing a wide range of acceptable procedures, such that an ethical, reasonably diligent accountant may choose to apply any of a variety of acceptable accounting procedures when that accountant prepares a financial statement.” Lovelace, 78 F.3d at 1020 (internal quotations and citation omitted). “[T]he failure to follow GAAP is, by itself, insufficient to state a securities fraud claim.” In re Comshare, Inc. Sec. Litig., 183 F.3d 542, 553 (6th Cir.1999); see also Stevelman v. Alias Research, Inc., 174 F.3d 79, 84 (2d Cir.1999); accord Coates v. Heartland Wireless Communications, Inc., 100 F.Supp.2d 417, 430 (N.D.Tex.2000) (Coates III); cf. Lovelace, 78 F.3d at 1020 (<HOLDING>); Fine v. American Solar King Corp., 919 F.2d
holding that scienter requirement was met where gaap violations led to restatement and individual defendants were aware of weak internal controls holding that the fact that the company violated gaap when viewed in light of significant overstatements of revenue tended to support inference of scienter holding the pslra standard for pleading scienter is more stringent than the second circuits standard prior to the act and that motive and opportunity is not an independent basis to show defendants had scienter holding that significant gaap violations described with particularity may provide powerful indirect evidence of scienter holding that failure to follow gaap without more is insufficient to establish scienter