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To: Jim Willie CB who wrote (45722)12/31/2001 4:03:51 PM
From: Sully-  Read Replies (1) | Respond to of 65232
 
SEC seen bringing pro forma, Reg FD cases soon

By Kevin Drawbaugh

WASHINGTON, Dec 31 (Reuters) - The U.S. Securities and Exchange Commission was expected to bring its first enforcement actions soon in two areas -- ``pro forma'' financial results reporting and Regulation FD, sources said on Monday.

The pro forma case was to have been brought before the holidays, but was delayed. Sources said it will now likely be brought in January. The company being targeted was unknown.

``The SEC absolutely needs to clamp down on pro forma earnings ... There have been some real abuses out there,'' Lynn Turner, former SEC chief accountant and now a professor at Colorado State University, said in an interview with Reuters.

If the SEC were to act soon and forcefully on pro forma reporting and Reg FD, it would help to answer critics suggesting that SEC Chairman Harvey Pitt is ``going soft'' on enforcement, which securities lawyers said is a ``bum rap.''

Pressure for the SEC to get tough on corporate reporting has increased in recent weeks since the stunning collapse of former energy trading giant Enron Corp.(NYSE:ENE - news), which cost thousands of people their jobs and much of their savings.

Pitt said earlier this month that pro forma numbers making a loss look like a profit, without explaining clearly how, were likely to be viewed as fraudulent. In mid-November, he said the SEC was sizing up possible pro forma enforcement actions.

Pro forma results skate over accounting conventions -- codified in the Generally Accepted Accounting Principles -- either to highlight good results obscured by outmoded conventions or, more often, to hide poor results.

They are sometimes labelled as ``core,'' ``normalized'' or ``adjusted'' results. Often they exclude costs related to mergers, stock options, unusual events, or other items.

The most frequent users of the pro forma style are technology companies -- such as Computer Associates International Inc.(NYSE:CA - news), Amazon.Com Inc. (NasdaqNM:AMZN - news) and Cisco Systems Inc.(NasdaqNM:CSCO - news). Reuters research showed 62 companies on the Merrill Lynch Technology 100 Index reported pro forma results in press releases for the third quarter of 2001.

Pro forma numbers are most often found in reports and press releases intended for comsumption by the media and the general public, if not for government regulators.


Sources said the SEC's New York regional office had been investigating four pro forma cases, but records were lost in the Sept. 11 attacks that destroyed some SEC offices. As a result, the case soon to be brought may be new, sources said.

A technology company is widely thought to be the target, although sources said Walt Disney Co. (NYSE:DIS - news) and other major, non-tech companies have recently issued pro forma results.

The Regulation FD case expected to be brought soon was not moving as rapidly as the pro forma case, sources said.

Regulation Fair Disclosure -- or Reg FD -- was adopted a year ago. It requires corporations to disclose key information to the public and the financial community at the same time.

It was drafted in response to widespread complaints from small investors that Wall Street insiders were being tipped off on big news hours or sometimes days before everyone else. The law is a regular target of scorn in the financial community.

Pitt has called ``unassailable'' the law's underlying principle -- ``that nobody should have an unfair advantage.'' No enforcement action has yet been brought by the SEC on FD.

``There's been talk that they're going to bring an FD case ... There were some violations,'' Chuck Hill, director of research at First Call, a market research unit of financial services group Thomson Financial, said in an interview.

(Additional reporting by Eric Auchard in New York).

biz.yahoo.com



To: Jim Willie CB who wrote (45722)1/3/2002 2:27:13 PM
From: stockman_scott  Read Replies (1) | Respond to of 65232
 
Economy still facing major challenges

By RON SCHERER

The Christian Science Monitor News Service

NEW YORK (January 2, 2002) - More Americans will be out of work this year. Many of the nation's trading partners will be entering a recession. But still, 2002 will be better than last year.

At least, that's the expectation among economists who foresee the nation climbing out of its recession. Corporations, after all those layoffs, will see their profits increase. Better profits should help the stock market.

And higher stock prices may give the consumer some solace and the chance to help spend the U.S. back to prosperity.

"We'll be headed in the right direction. We'll be coming out the other side," says Don Straszheim, head of Straszheim Global Advisors in Westwood, Calif.

Exactly when this will happen is any economist's guess. Some think it's already in progress. Others think it won't happen until late this summer.

How strong will it be? Many economists see a slow year, with momentum building for '03. Others think things will be going so well by summer that the Federal Reserve Board will have to tighten interest rates to try to keep the economy in check.

But no matter what happens, it's generally agreed the economy still faces some major challenges:

- The global economy is now deteriorating. European economies are running a few months behind the U.S., which means most are approaching a recession, while the U.S. may be moving out of it. There also are few signs of life in Southeast Asia or Latin America. In fact, economists are waiting for a ripple effect from Argentina's debt default.

"This global slowdown is going to act like a brake on our recovery," says Straszheim.

- The unemployment rate - now at 5.7 percent - will continue to rise.

How much over 6 percent will it go? The consensus is for an unemployment rate topping out near 6.5 percent. Layoffs will continue as companies try to become profitable in the face of relatively weak demand.

"We track downsizing announcements, and we're still seeing heavy planned cuts," says John Challenger of the Chicago outplacement firm Challenger, Gray & Christmas.

The worst-hit areas, he says, are in manufacturing - automotive suppliers, steel companies, and chemical producers. But he says more layoffs are coming up in telecommunications and perhaps in retailing.

Yet there is another side to this jobless picture: With corporate America on a "just on time" manufacturing schedule, companies will be recalling workers to fill orders when the upturn begins.

- The debt burden will keep consumers from becoming big spenders again.

The nation's IOUs are now at their highest level since the late 1980s. "We are so debt-ridden that spending will have to be cut back," says Asha Bangalore, an economist with Northern Trust Co. in Chicago.

At the same time, the '02 economy should show some gains.

Corporate profits for the Standard & Poor's 500, a broad group of companies, could rise 25 percent to 35 percent, says Sung Won Sohn, chief economist for Wells Fargo Banks in Minneapolis. However, this gain comes after profits shrank 30 to 35 percent in 2001.

"Unless the economy really falls apart, it won't be that difficult to see double-digit gains, up from huge losses," says Mr. Sohn.

In at least one good way, the new economy may resemble the old one. Last year, the housing market ignored the recession, as Americans took advantage of falling mortgage rates. This is expected to continue. Last week, for example, the government reported both new-home sales and existing-home sales sold well in November. The trend carried into December, helped by warm weather, says Dave Seiders, chief economist at the National Association of Home Builders in Washington.

He expects the housing market to improve steadily throughout the year. "Housing is standing tall," he says.

With the housing market strong, Challenger says demand is also strong for mortgage bankers, as well some other financial services such as insurance and bond trading. And the demand goes beyond white-collar jobs, to carpenters and other tradespeople.

As the new year begins, he also sees job opportunities in the health-care industry, biotech companies and pharmaceuticals. In addition, the defense industry, which is feeling the benefits of more spending in Washington, will be hiring.

The federal government also will be hiring more air marshals and new airport security guards while local governments may expand social services to help the unemployed and add teachers needed to replace retirees.