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Non-Tech : Auric Goldfinger's Short List -- Ignore unavailable to you. Want to Upgrade?


To: mmmary who wrote (9954)6/4/2002 11:43:13 PM
From: StockDung  Respond to of 19428
 
Mary, a target 2nd 3rd? Message 16940567



To: mmmary who wrote (9954)6/5/2002 4:54:21 PM
From: StockDung  Respond to of 19428
 
INTERVIEW-Spitzer plans new assault on Wall St research

By Jack Reerink and Brian Kelleher

NEW YORK, June 5 (Reuters) - Sitting in an office cluttered with prison-made furniture, New York State Attorney Eliot Spitzer plots his next attack on the stock pickers huddling in Wall Street's oak-paneled suites.

"Research ... should flourish in an environment where the public can believe there's a fundamental integrity to the research and not the product of bias," Spitzer said in an interview on Wednesday. "We are dealing with the companies individually as we see problems and trying to structure resolutions."

Spitzer has put the fear of God into Wall Street. He last month forced Merrill Lynch & Co. Inc. <MER.N> to pony up $100 million and overhaul its research to settle charges it misled investors by issuing overly bullish stock picks to win banking business. Key in reaching a settlement were 30,000 internal Merrill e-mails -- some showing analysts privately ridiculed stocks they touted to the investing public.

The 42-year-old lawyer isn't done. His staff on the case -- about 10 lawyers and paralegals -- is busy carting in loads of documents: internal memos, bonus letters to analysts, statements by whistle blowers and, above all, e-mails. E-mails are Spitzer's favorite because they are informal and "have a sense of truthfulness to them," giving a glimpse of Wall Street's innermost thoughts, Spitzer said.

"We have issued subpoenas to a number of other investment houses to gather evidence, Spitzer said. "We can expedite it more because we have other entities that are helping us now."

WHO'S NEXT?

Spitzer isn't naming names. But sources have told Reuters his probe has widened to include Morgan Stanley <MWD.N>, Citigroup Inc.'s <C.N> Salomon Smith Barney, Goldman Sachs Group Inc. <GS.N> and Credit Suisse First Boston.

Spitzer expects a little bit of a news "hiatus" as his staff is is trying to make sense of the documents. But a new round of settlement discussions will be ugly when it happens: Spitzer intends to put embarrassing internal communications into the public domain, like he did with Merrill.

"If we found equivalent evidence, I would feel some obligation to make the evidence public," he said.

That would provide ammunition for individual lawsuits and class-action litigation -- which investors should use to regain some of their stock losses, Spitzer said.

Not every firm is created equal, as companies like Merrill and Morgan Stanley target Main Street brokerage clients, while Goldman and others handle accounts for more sophisticated investors like pension funds and the ultra-rich. These "different dynamics" mean Spitzer is handling the banks differently, although he declines to give details.

"I don't think the principle that the houses need to adhere to shifts. But the nature of their business imposes different obligations on them," Spitzer said. "My concern is for Mr. and Mrs. Smith on Main Street ... who may be investing $10,000 or $15,000 (and) who don't understand that the analysts are also playing footsie with the investment bankers."

NO BONUS FOR SPITZER

Some $48 million of the Merrill settlement will go -- the check hasn't cleared yet -- to New York State's coffers. Unfortunately, little will make its way to Spitzer's operation, which has an annual budget of $170 million, Spitzer said.

"That would be nice," Spitzer quipped. "You'd see a new carpet."

Spitzer's office furniture is manufactured exclusively by New York State prisoners -- solid stuff that's getting a little raggedy with age, Spitzer said. An odd mix of makes and styles -- dining room chairs, a table, desk and couch -- crowd a bluish wall-to-wall carpet that has seen better days.

The Attorney General's offices occupy seven floors of a downtown Manhattan skyscraper that, ironically, also houses the Securities Industry Association, the trade group for brokerage firms and investment banks. Spitzer's personal office -- where family photographs far outnumber vanity shots of Spitzer shaking hands with former President Clinton and other luminaries -- overlooks the World Trade Center site.

SPITZER SPURS SEC TO ACTION

Wall Street was shaken by Spitzer's bombshell accusations and damning evidence against Merrill, revealed on April 8. Merrill shares took a nosedive after Spitzer dug up embarrassing e-mails by former Internet guru Henry Blodget.

Since then, the Securities and Exchange Commission and other state attorney-generals have launched their own probes into the state of Wall Street research. The SEC also pledged to go beyond recent analyst guidelines it crafted with the New York Stock Exchange and the National Association of Securities Dealers.

"Were it not for the e-mails coming out, there would never have been a move to go beyond the NASD proposed rules," Spitzer said.

After working through Blodget's off-the-cuff e-mails, Spitzer quipped he's looking forward to reading more work by the former analyst, like his memoirs.

CRITICS DON'T FAULT HIS FACTS

Spitzer, who ranks among his biggest successes a crackdown on Manhattan grocers who underpaid delivery employees, certainly has made his mark on Wall Street with the headline-grabbing analyst probe. Many brokerage wags in private accuse Spitzer of grandstanding in a bid to become New York's next governor.

Spitzer is aware of barbs about his political ambitions. AG stands for "Aspiring Governor" at many investment houses. But he says his political agenda for now runs no further than a re-election campaign this November. He has a carefully prepared but powerful response to his detractors:

"If the worst they can say about me is that this is designed to get headlines, I'll live with that," Spitzer said. "Because they're not saying I'm wrong."

(Additional reporting by Per Jebsen)
06/05/02 16:24 ET



To: mmmary who wrote (9954)6/6/2002 11:58:09 AM
From: StockDung  Respond to of 19428
 
FEATURE-Modern bank robbers swap guns for craftier schemes

By Mary Kelleher

MONTREAL, June 5 (Reuters) - New York bank robber Willie Sutton carried a pistol during hold-ups in the Roaring '20s because he said you couldn't rob a bank with charm and personality.

Modern-day crooks have swapped guns for craftier schemes like inventing trades and opening shell accounts to steal, avoid taxes and stash illegal profits. Their computer savvy and cunning make them every bit as hard to catch as Sutton was in his day.

"You cannot catch up because criminal energy will always be ahead of you," Klaus-Peter Mueller, chief executive of Germany's Commerzbank AG <CBKG.DE> told Reuters while at the International Monetary Conference of bankers in Montreal. "You never know whether or not you are as safeguarded as you might want to believe you are, but you try to do your best."

Banks are on fraud alert after some top firms, including Citigroup Inc. <C.N>, Bank of New York Co. Inc. <BK.N> and Allied Irish Banks Plc <ALBK.L>, unwittingly found themselves holding suspected drug, dictator or untaxed money, or employing rogue traders who fabricated transactions.

The hijackers who slammed airplanes into the World Trade Center on Sept. 11 last year also used U.S. bank branches to manage their funds. In the aftermath of the attacks, bankers and regulators have been put on the look-out for suspicious money transfers and deposit accounts.

"You can never do enough," British bank HSBC Holdings <HSBA.L> Chairman John Bond said in an interview in Montreal. "I think the internal controls -- and I can only speak for one organization, HSBC -- are world class, but no systems can be completely risk-free."

In this year alone, Allied Irish revealed $691 million in currency losses dating back over a five-year period, which it blamed on a trader at its Baltimore, Md.-based securities unit Allfirst. The former trader, John Rusnak, on Tuesday was named in a 7-count indictment for his alleged role in the scam.

Then, four men were arrested last month on charges of running a scheme that may have swindled banks out of $1 billion through three U.S. metals companies and a Britain-based firm.

The scandals rank among the largest since trader Nick Leeson brought down Britain's Barings bank in 1995, and bring back memories of the biggest scandal ever, the collapse of Bank of Credit and Commerce International with $13 billion in debt.

BANKS SMARTER

While the crime is getting more high-tech and sophisticated, banks are smarter now too. Guarded by regulators, they have advanced systems to snare criminals who abuse their networks, and most have put limits on traders to block the amount of money people can swipe, analysts said.

"The banks are managing it reasonably well," Michael Rosinus, a hedge fund manager at Tiedemann Investment, said. "There have been enough warning shots fired in terms of corporate management mistakes that you'd be nuts to allow anyone in your company to do anything more than would be considered normal business."

Crime, to a certain extent, is inevitable. Banks mostly take steps to make sure past felonies won't happen again, rather than anticipate crimes that might happen in the future. It is also difficult to devise systems to catch an employee who is acting illegally and using unpredictable behavior.

"If you want to commit a fraud, it's pretty darn easy," Andy Collins, an analyst at U.S. Bancorp Piper Jaffray, said. "It's just tough to guard against this sort of stuff."

But that's no different from any other business: thieves always find a way, analysts say. And the banking industry is one of the most regulated, forcing its executives to protect against crooks and answer to authorities for any lapses.

"U.S. banks are regulated by at least three different agencies, and the biggest ones have people working inside the company 24 hours a day, seven days a week," Rosinus said.

It was New York state banking officials, noticing unusual money transfers, who tipped New York prosecutors about the alleged sales tax evasion scheme that led to charges against Tyco International Ltd. chief executive Dennis Kozlowski. He subsequently resigned from Tyco this week.

To thwart criminals, banks like Citigroup and Bank of New York are upgrading computers used to track the movement of money among accounts and spot unusual spikes or activity.

The Bank of New York, for example, bought new software to flag suspicious activity after a massive probe in 1999 into money laundering by suspected Russian mobsters and businessmen. The bank struck a deal with regulators to improve its level of auditing, due diligence, risk management and review requirements for money transfers.

NEW HIGH-TECH TOOLS

Citigroup also bought new computers in 1999 after a scandal over its role in helping the brother of a former Mexican president funnel alleged drug money through its accounts. It has trained employees, particularly private bankers who deal with rich, to know the source of a customer's money.

"There will always be money laundering but in the past 10 years an enormous amount has been done to prevent this and obviously within the last 12 months, this has been accentuated," Rainer Gut, former chairman of Swiss bank Credit Suisse Group Inc. <CSGZn.VX> and now chairman of Swiss food company Nestle SA <NESZn.VX> told Reuters in Montreal. "Particularly, you must know your customer, which was not always the case in the past."

Bank also have bigger stockpiles of cash these days, enabling them to weather larger losses. Unlike Barclays and BCCI, Allied Irish has survived despite a probe showing that its controls broke down nearly every step of the way.

But the legends of bank robbers die hard, and outlast announcements of computer upgrades and new anti-fraud legislation. Sutton spent much of his life in jail but escaped from three prisons and died a free man.
06/05/02 15:21 ET



To: mmmary who wrote (9954)6/10/2002 10:57:09 AM
From: StockDung  Read Replies (1) | Respond to of 19428
 
The Emperor of Greed. With the help of his bankers, Gary Winnick treated Global Crossing as his personal cash cow--until the company went bankrupt.
FORTUNE
Monday, June 24, 2002
By Julie Creswell with Nomi Prins

Michael Nighan couldn't believe his eyes. As Global Crossing's North America director of regulatory affairs, one of Nighan's tasks was to review all of the startup telco's marketing and sales material. But what confused him in late 1999 was a map of Global Crossing's network that showed a fiber-optic loop around the continent of Africa. "What's this?" asked Nighan. He was told it was Africa One, an undersea broadband cable that Global Crossing planned to build for a group of telecom carriers. "But I said it didn't belong on a map of our network because one, it doesn't exist, and two, even if it did exist, it wouldn't belong to us," says Nighan, who left Global Crossing last November. The response Nighan got was, "Gary wants it there." So it stayed on the map.

Gary Winnick had never worked in the telecom industry before he founded Global Crossing in 1997. He had never run a public company before either. Yet in the late 1990s, Chairman Winnick was hailed as an industry giant, the creator of a telco that a year after going public in 1998 was valued at $38 billion--more than Ford. A little over two years later, Global Crossing is in bankruptcy and fighting to survive, part of an industry collapse that wiped out $2.5 trillion in market value. Investors and regulators are struggling to figure out what went so wrong so fast. But the real question is how such a company could survive--indeed prosper--for as long as it did.

The answer captures all of the insanity and money fever of the telecom and dot-com bubbles, which saw billions of dollars vanish in pursuit of business that never materialized. Like a lot of other overreaching companies, Winnick's Global Crossing rose swiftly and fell even faster. Its business plan changed with the phases of the moon. So did its CEOs (there were five in four years). It had a huge market value and a teeny cash flow. Global Crossing inflated its revenues by swapping capacity with other carriers, say analysts, and lured customers and investors by overstating the reach and capabilities of its network--a $12 billion "state-of-the-art" system that, several former employees told Fortune, simply doesn't work that well. It exploited its relationships with both Wall Street and its bankers on a scale unrivaled in the industry. "Winnick used to walk around the office saying he owned Jack Grubman and Jimmy Lee," says one former colleague, referring to fees paid to key underwriters at Citigroup's Salomon Smith Barney and J.P. Morgan Chase. A spokesperson for Winnick denies he made such statements.

What's inarguable, as our story will document, is that billions of dollars flowed out of this company and into the pockets of insiders. Gary Winnick and his cronies are arguably the biggest group of greedheads in an era of fabled excess. Not only did Winnick sell off stock at huge profits while investors who jumped in later watched their stakes burn to nothing, but he treated Global Crossing from the get-go as his personal cash cow, earning exorbitant fees from consulting and real estate deals between Global Crossing and his own private investment company. In all, Winnick cashed in $735 million of stock over four years--including $135 million Global Crossing issued to his private company--while receiving $10 million in salary and bonuses and other payments to the holding company. Enron's Kenneth Lay doesn't even come close. He sold only $108 million of stock. (The telecom boom's cash-out king may be Qwest Chairman Philip Anschutz, who dumped $1.9 billion in stock. But Qwest, at least for now, is afloat.)

Winnick wasn't the only executive getting rich quick. Other insiders sold a whopping $4.5 billion in stock in three years. Co-chairman Lodwrick Cook, the former chairman of Atlantic Richfield, sold $36 million of stock. (In 1999, Cook told the Los Angeles Business Journal that every day he says, "God bless America, and God bless Gary Winnick.") Combined stock sales for directors Barry Porter, David Lee, and Abbott Brown, longtime business associates of Winnick's, totaled $516 million.

Wall Street partners fared well too. Canadian firm CIBC World Markets, which was an early investor in Global Crossing and at one time had five employees on its board, earned $56 million in banking fees even before Global Crossing's 1998 IPO. It turned a $41 million investment into a $1.7 billion windfall and exited the board just as the telecom bubble was bursting. Global Crossing paid more than $420 million in fees to Wall Street firms in three short years. As one investment banker recalls, "People wanted to do business with Winnick because he was the best game in town."

Needless to say, most outside investors never saw that kind of payday. Global Crossing's market valuation, which peaked at $47 billion in February 2000, deflated to about $70 million when it filed for bankruptcy earlier this year. Investors and creditors have almost zero chance of recouping any of the $20 billion that Global Crossing raised. The company is seeking a buyer, but a bid from two Asian partners fell through at the end of May. It is looking to restructure now. In all likelihood, though, Global Crossing will be broken up and stripped for parts.

The sad fact is, Global Crossing had a decent shot at survival. Its initial business plan was simple. It planned to build an undersea broadband network that would link continents together and serve global carriers like Deutsche Telekom and AT&T. Early estimates of construction costs were around $2.7 billion--certainly a princely sum for a startup but not one that would crush the company if it could drum up even modest revenue.

But like so many other telcos in the wake of the 1996 deregulation, Global Crossing got carried away on the tide of easy money. It raised more capital than it needed and built a network with more capacity than the world demanded. By the time Global Crossing collapsed, its long-term debt had ballooned to $7.6 billion (total liabilities were $14 billion), and it simply didn't have the cash to make its interest payments.

These were years when Wall Street struck an unholy bargain with a constellation of shaky companies, and in each of the three phases of its existence, Global Crossing enjoyed a special relationship with a different Wall Street firm. First came CIBC, a Canadian bank that raised cash to get the company going; then Salomon Smith Barney, which became a cheerleader for its stock and helped guide it through a merger and acquisition binge; and finally J.P. Morgan Chase, a one-stop global bank wannabe that helped Global Crossing hoover up mountains of cash through loans and bond sales at the height of the market frenzy.

Given Winnick's prior experience, the incestuous relationship with Wall Street shouldn't come as too much of a surprise. A native of Long Island, Winnick had an unremarkable upbringing. His father ran a restaurant supply business, and after graduation from C.W. Post, a local college, Winnick worked as a furniture salesman. His life took a turn in the early 1970s when he joined Drexel Burnham Lambert. He developed a taste for the high life after he made his way to the Los Angeles office, where he worked on the bond sales desk alongside Michael Milken. While Milken ended up in jail for securities and reporting violations, Winnick escaped Drexel untarnished and founded Pacific Capital Group, an investment firm in Los Angeles.

Making Out Like Bandits

Gary Winnick wasn't the only one to profit during Global Crossing's run. Board members and backers cashed in too.

Gary Winnick, chairman (Total: $750.8 million)

Stock sales
$735.0 million

Salary and annual bonuses
$2.8 million

Consulting fees
$7.2 million

Aircraft ownership interest
$2.0 million

Office renovations
$3.8 million

Other directors' stock sales (Total: $582.3 million)

Abbott Brown early senior VP
$125.5 million

Joe Clayton former Frontier CEO
$21.5 million

Dan Cohrs CFO
$8.7 million

Lodwrick Cook co-chair
$36.1 million

David Lee early pres. and COO
$216.3 million

Barry Porter early senior VP
$174.2 million

The five CEOs (Total: $104.9 million)

Combined stock sales
$85.4 million

Salaries and annual bonuses
$19.5 million

Early investors' stock sales (Total: $3.8 billion)

CIBC World Markets
$1.7 billion

Loews/CNA Financial
$1.6 billion

Ullico
$0.5 billion

Grand Total: $5.2 billion