8-K 1 a4720245.txt JOS. A. BANK CLOTHIERS, INC. 8-K Securities and Exchange Commission Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): September 14, 2004 JOS. A. BANK CLOTHIERS, INC. ---------------------------- (Exact name of registrant as specified in its charter) Delaware 36-3189198 -------- ---------- (State of Incorporation) (I.R.S. Employer Identification No.) 500 Hanover Pike, Hampstead, MD 21074 ------------------------------- ----- (Address of principal executive offices) (zip code) (410) 239-2700 -------------- (Registrant's telephone number, including area code) ITEM 8.01. Other Events On or about April 22, 2004, Jos. A. Bank Clothiers, Inc. (the "Company") received a subpoena from the New York State Attorney General requiring the production of certain documents relating to the Company's advertising and in-store promotions in New York. The Attorney General undertook an investigation and made certain findings in connection therewith. Without admitting to the Attorney General's findings or to any violation of law, the Company entered into an agreement with the Attorney General to comply with applicable law regarding its advertising practices in New York and to pay the amount of $475,000. The Company previously recorded a loss contingency in this amount as a general and administrative expense in its Statement of Income for the three months ended July 31, 2004. SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Jos. A. Bank Clothiers, Inc. (Registrant) By: /s/ Robert N. Wildrick ------------------------------------ Robert N. Wildrick Chief Executive Officer and Director Dated: September 15, 2004