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Non-Tech : The Enron Scandal - Unmoderated -- Ignore unavailable to you. Want to Upgrade?


To: Glenn Petersen who wrote (2299)7/5/2002 2:05:23 PM
From: Glenn Petersen  Respond to of 3602
 
DOJ seeks to curtail internal probe

Government wants to first conduct own inquiry at WorldCom

By Deborah Solomon and Susan Pulliam
THE WALL STREET JOURNAL

msnbc.com

July 5 — The Justice Department is seeking to curtail WorldCom Inc.’s internal investigation into accounting irregularities to allow the government to first conduct its own inquiry at the company, according to people familiar with the matter.

THE DEPARTMENT made the unusual demand in an effort to interview executives and other potential witnesses before anyone from WorldCom talks to them, these people said. The move indicates prosecutors are worried about possible witness tampering, as various parties probe accounting practices at the nation’s second-biggest long-distance company, one person familiar with the government’s thinking said.

“Justice wants to go first. They want to get to people and get their version of events,” said one person familiar with the matter. A spokesman for WorldCom declined to comment.

The move comes as investigators try to determine if executives beyond the company’s former chief financial officer knew of the unusual accounting practices that will force WorldCom to restate a massive $3.8 billion in profit for 2001 and part of 2002.

MONITOR IS APPOINTED

WorldCom already has been ordered by a federal judge not to destroy any documents, and on Wednesday, a corporate monitor was appointed to ensure there is no document shredding or extraordinary payments to executives, pending the inquiries into the company’s affairs.

The collapse last year of energy company Enron Corp. centered attention on both document shredding and executive payouts, which continued after investigations into its finances began. Arthur Andersen LLP, Enron’s auditor, was convicted for criminally obstructing an investigation into the energy company, in part for shredding tons of Enron-related documents. Andersen also served as WorldCom’s auditor until it was replaced by KPMG LLP in May.

The Securities and Exchange Commission, which has slapped WorldCom with a civil fraud suit, is conducting its investigation, which may result in charges against specific executives, said people close to the matter.

WorldCom and its former top executives have drawn intense scrutiny since last week, when the company disclosed it had discovered that $3.8 billion in operating expenses had been improperly accounted for, inflating the company’s profits in 2001 and part of 2002. It fired Scott Sullivan as chief financial officer. Earlier this week, WorldCom also said it was investigating additional accounting problems, which people familiar with the matter said could add at least $1 billion to the company’s accounting discrepancies.

WHO KNEW WHAT

Investigators want to know if executives and possibly any board members were aware that Mr. Sullivan allegedly was preparing to hide the accounting irregularities in a massive charge.

Last February, WorldCom said it planned to take a $15 billion to $20 billion charge, primarily to write down the value of “goodwill.” People close to the investigations say Mr. Sullivan was planning to “bury” the $3.8 billion accounting irregularities in a large charge.

These people said that charge is a key reason the company’s internal auditor, Cynthia Cooper, met resistance from Mr. Sullivan after she discovered the alleged fraud in May. When Ms. Cooper confronted Mr. Sullivan with the questionable accounting practices, he told her to delay the audit for another quarter, said people with knowledge of the matter. By that time, the second quarter would have been over and the charge would have already washed the $3.8 billion through the company’s books.

COOPER SECURED AS A WITNESS

After allegedly being rebuffed by Mr. Sullivan, Ms. Cooper took her findings to Max Bobbitt, chairman of the audit committee of WorldCom’s board, who delayed taking action on her findings, according to a person close to the investigation. WorldCom has said that Mr. Bobbitt later turned over Ms. Cooper’s findings to KPMG. Prosecutors have secured Ms. Cooper as a witness as they decide whether to bring criminal charges against WorldCom and some of its executives.

The House Financial Services Committee, which is scheduled to hold hearings on WorldCom Monday, has been asked by the Justice Department to not call Ms. Cooper or Mr. Bobbitt to testify, according to a person with knowledge of the situation. Other executives are expected to testify, including WorldCom Chief Executive John Sidgmore.

Copyright © 2002 Dow Jones & Company, Inc.
All Rights Reserved.



To: Glenn Petersen who wrote (2299)7/8/2002 4:56:21 PM
From: Glenn Petersen  Read Replies (1) | Respond to of 3602
 
A lame excuse on the part of Roberts. While Andersen definitely should have caught the change in WCOM's capitalization policies (any first year auditor will tell you that fixed assets are generally the easiest part of a balance sheet to audit), I am certain that there were a fair number of WCOM accounting staff members that were cognizant that they were pushing the edges of the envelope. I'd like to know why it took the internal auditors five quarters to figure it out.

WorldCom Executives Blame Auditors

By Jesse J. Holland
Associated Press Writer
Monday, July 8, 2002; 1:59 PM

washingtonpost.com

WASHINGTON –– Top executives of embattled WorldCom Inc. blamed the company's former auditor Monday for nearly $4 billion in accounting irregularities. Two former officials of the telecommunications giant indicated they would invoke the Fifth Amendment and refuse to answer questions from a House committee.

Bernard J. Ebbers, the founder and former chairman of WorldCom, and Scott D. Sullivan, former chief financial officer – both of whom were ousted from the company – told the committee in advance they would not testify.

John Sidgmore, WorldCom's president and chief executive officer, was also subpoenaed by the House Financial Services Committee, which is investigating one of the biggest accounting scandals in U.S. history.

"WorldCom uncovered this problem internally," Sidgmore said in prepared testimony. "The kind of initiative demonstrated by our internal audit group is to be applauded and will continue to be encouraged."

WorldCom Chairman Bert Roberts called the accounting improprieties "an outrage to me," and said auditor Arthur Andersen was responsible. "To my mind, the failure of our outside auditors to uncover them is inconceivable," he said.

Melvin Dick, the senior Andersen audit partner for WorldCom, testified that neither he nor any member of the Andersen team "had any inkling" of the improper accounting.

WorldCom is the latest major corporation to face allegations of executive wrongdoing and accounting irregularities – driving down public confidence in business and the stock market. Congress already is investigating the bankruptcies of Enron Corp. and telecommunications company Global Crossing and the role played by accounting firms. Andersen has been convicted of obstruction of justice for destroying Enron-related documents.

In an attempt to boost sagging investor confidence, President Bush is proposing tougher penalties – including jail time – for corporate officials who lie on financial statements, an administration official said Monday.

The White House planned on Monday to formally endorse the goals – but not all the details – of legislation introduced by Sen. Paul Sarbanes, D-Md., that would tighten oversight of the accounting industry. The administration wants to empower the SEC to ban corporate executives and directors who commit wrongdoing from serving in those roles again, a step the bill does not take.

WorldCom, whose interests include No. 2 long-distance telephone company MCI, is battling to avoid bankruptcy after disclosing that it disguised $3.9 billion of expenses as capital expenditures to appear more profitable.

The Securities and Exchange Commission has filed a civil fraud suit against WorldCom, and the Nasdaq Stock Market plans to delist the company's shares, which have plunged from more than $63 in June 1999 to 22 cents Monday.

Wall Street analyst Jack Grubman, who had promoted WorldCom stock, said in testimony prepared for the hearing, "I regret that I was wrong in rating WorldCom highly for too long" but insisted he was unaware of the company's true financial condition.

Grubman also insisted he had no advance knowledge of the huge earnings misstatement before downgrading his recommendation for WorldCom stock on June 21.

The Business Roundtable, a group of chief executive officers of major corporations, said it was "appalled, angered and, finally, alarmed at the stream of revelations which have emerged."

"Where there have been violations of law, we believe that the violators should be prosecuted – promptly and to the fullest extent possible," the CEOs said in a statement. They also endorsed the SEC's new requirement that chief executives and chief financial officers certify that their company financial statements are accurate, as well as legislation before the Senate this week to tighten oversight of the accounting industry.

The House committee chairman, Rep. Michael Oxley, R-Ohio, said that of all the companies in the recent wave of corporate scandals, "none has yet shown the audacity to commit fraud on the scale that has been alleged here."

The panel's ranking Democrat, Rep. John LaFalce of New York, said he hopes "President Bush after a year and a half ... will finally join with us in trying to effectuate these reforms."

The president on Tuesday is expected to recommend new criminal penalties for corporate officers who lie on financial statements, something that Bush believes should draw jail time, White House spokesman Ari Fleischer has said.

A string of lawmakers, from Senate Majority Leader Tom Daschle, D-S.D., to Rep. Barney Frank, D-Mass., and Sen. John McCain, R-Ariz., are calling for the resignation of SEC Chairman Harvey Pitt, in part because of his former ties to the accounting profession.

"There is now some question" about whether Pitt is the right person to the head the SEC, said Rep. Spencer Bachus, R-Ala.

The White House stood behind Pitt. Fleischer said that under the chairman, the SEC has acted aggressively against wrongdoers and that accusations against him were "without merit."

© 2002 The Associated Press