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To: Mannie who wrote (53547)7/7/2002 10:35:42 PM
From: RR  Read Replies (2) | Respond to of 65232
 
Hey Scott! Thanks for the toast! Great time here this weekend.

Great on all of your plans, Scott. Glad business is going so well and you're making plans for the time off, too.

Take care. Let's have a super week!

RR



To: Mannie who wrote (53547)7/8/2002 6:41:17 AM
From: stockman_scott  Respond to of 65232
 
WorldCom - Another cowboy bites the dust

Jun 27th 2002 | NEW YORK
From The Economist print edition

Despite the shenanigans at WorldCom, America's telecoms industry could soon be on the mend

FINANCIAL fraud is supposed to be a sophisticated business. That is why boards of directors, regulators and auditors find it so hard to stop. But the $3.8 billion accounting fiddle that WorldCom, a once-high-flying telecoms firm, owned up to this week lacks any of the impenetrable dealings that masked the worsening finances at Enron. WorldCom, it turns out, did not bother with the likes of off-balance-sheet partnerships to hide its problems. It simply made the numbers up.

The rumours had been growing. But nobody had any inkling of the mess that John Sidgmore, WorldCom's new boss, revealed on June 25th. Following the departure in April of Bernie Ebbers, WorldCom's founder, an internal audit discovered an “irregularity” in the way the company had been booking capital expenses. A subsequent investigation found that $3.8 billion-worth of costs had been wrongly classified as capital expenses over a five-quarter period from the start of 2001. KPMG, which replaced the firm's longstanding external auditors, Andersen (yes, them), in May, is investigating further. Unlike costs, capital expenses are written off against profits over time, so the error boosted reported cashflow and profits. WorldCom reported a profit of $1.4 billion last year, and $130m for the first quarter of 2002. These numbers were, in fact, fictitious.

Companies have been misclassifying costs for years. In 1971 in Britain, Rolls-Royce went under after fooling itself that costs related to the development of a new jet engine were in reality capital expenditure. But the problems at Rolls-Royce looked like old-fashioned British incompetence. The motives at WorldCom seem altogether more modern.

So far, everybody is blaming Scott Sullivan, WorldCom's chief financial officer until he was sacked on June 25th. “Our senior management team is shocked by these discoveries,” said Mr Sidgmore. Nevertheless, on June 26th the Securities and Exchange Commission (SEC), which had been investigating the company's accounting, charged WorldCom with fraud.

One person the SEC will want to talk to is Mr Ebbers, who was under pressure to raise WorldCom's sagging share price. Mr Ebbers owes WorldCom over $400m, which he borrowed to bet on WorldCom shares. These loans are secured on Mr Ebbers's personal assets, including a yacht-sales company, a soyabean farm, and nearly 27m WorldCom shares. The entire board had a strong motive to keep up the share price. Between them, the 12 directors and executives named in the company's latest proxy statement, filed in April, own nearly 50m WorldCom shares. Even the outside directors are big owners: Max Bobbitt, a telecoms consultant who chairs WorldCom's audit committee, has nearly half a million shares.

Mr Sidgmore will now have to rethink his tactics. The company had been hoping to negotiate a $5 billion bank loan, in part to refinance a $2.65 billion loan on which it is now in default (because its accounts no longer comply with GAAP standards). These negotiations now look doomed. That leaves liquidation or restructuring as the main options. Nancy Kaplan of Adventis, a telecoms consultancy, thinks that any attempt to restructure WorldCom will fail. The company is good at selling data and other telecoms services to its corporate customers. This is a business with real margins and growth prospects. But it has lots of weak businesses as well, including its declining consumer long-distance unit and its failed mobile-telecoms arm. This makes it harder to shrink.

The more likely outcome, says Ms Kaplan, is that WorldCom's competitors will pick off its assets at bargain prices. These include thousands of miles of “backbone” fibre-optic cable, which runs between cities, together with WorldCom's efforts to upgrade the “last mile” underneath cities so that businesses can connect to this broadband network. Both have problems. The capacity glut in backbone fibre persists. And the patchwork of networks that run beneath the world's big cities lacks scale and is plagued with technical problems. Top of the list of buyers ought to be AT&T, WorldCom's only serious competitor in the business-services market. In the present environment, however, it is hard to see how AT&T is going to raise the money to buy anything.

It is these sorts of “doom loops”, says Bill Bane of Mercer, a consultancy, that prevent investors from seeing the bottom for the telecoms industry. Shareholders greeted this week's news by dumping telecoms shares more enthusiastically than ever. Two things could change that. One, says Mr Bane, is if the fibre-optic capacity glut turns into a supply shortage. Although Enron made markets in it, fibre-optic backbone is not really a fungible commodity. Customers who want to send data from New York to London cannot use the pipe that goes to Washington, DC. That leaves any pair of destinations vulnerable to a capacity shortage.

Also forgotten in the current industry rout, says Mr Bane, is that demand for fibre-optic cable is growing by 75- 150% every year. Mr Bane foresees a scenario in the not-too-distant future in which big companies find that their delicate, just-in-time, global electronic supply chains seize up. That will cost them huge sums of money, prompting them to buy or lease their own private, global fibre-optic networks from the telecoms companies. This, of course, would tighten the supply squeeze. Prices would soar. If it were still around, WorldCom might then once again be worth hundreds of billions of dollars.

The other possible outcome is that WorldCom, AT&T and other telecoms companies that serve business customers are absorbed into the Baby Bells, the local telephone operators that the regulators hived off from AT&T in 1984. These bureaucratic, sleepy near-monopolies have found favour with investors recently. America's regulators and antitrust officials have, until now, viewed their expansion into other markets with caution. After its turbulent experiments with deregulation, however, America craves stability from its all-too-excitable telecoms companies. The Baby Bells could certainly supply that.

Copyright © 2002 The Economist Newspaper and The Economist Group. All rights reserved.

economist.com;



To: Mannie who wrote (53547)7/8/2002 7:39:43 AM
From: stockman_scott  Respond to of 65232
 
Succeeding in Business

By PAUL KRUGMAN
The New York Times
Editorial / Op-Ed
July 7, 2002
nytimes.com

On Tuesday, George W. Bush is scheduled to give a speech intended to put him in front of the growing national outrage over corporate malfeasance. He will sternly lecture Wall Street executives about ethics and will doubtless portray himself as a believer in old-fashioned business probity.

Yet this pose is surreal, given the way top officials like Secretary of the Army Thomas White, Dick Cheney and Mr. Bush himself acquired their wealth. As Joshua Green says in The Washington Monthly, in a must-read article written just before the administration suddenly became such an exponent of corporate ethics: "The 'new tone' that George W. Bush brought to Washington isn't one of integrity, but of permissiveness. . . . In this administration, enriching oneself while one's business goes bust isn't necessarily frowned upon."

Unfortunately, the administration has so far gotten the press to focus on the least important question about Mr. Bush's business dealings: his failure to obey the law by promptly reporting his insider stock sales. It's true that Mr. Bush's story about that failure has suddenly changed, from "the dog ate my homework" to "my lawyer ate my homework — four times." But the administration hopes that a narrow focus on the reporting lapses will divert attention from the larger point: Mr. Bush profited personally from aggressive accounting identical to the recent scams that have shocked the nation.

In 1986, one would have had to consider Mr. Bush a failed businessman. He had run through millions of dollars of other people's money, with nothing to show for it but a company losing money and heavily burdened with debt. But he was rescued from failure when Harken Energy bought his company at an astonishingly high price. There is no question that Harken was basically paying for Mr. Bush's connections.

Despite these connections, Harken did badly. But for a time it concealed its failure — sustaining its stock price, as it turned out, just long enough for Mr. Bush to sell most of his stake at a large profit — with an accounting trick identical to one of the main ploys used by Enron a decade later. (Yes, Arthur Andersen was the accountant.) As I explained in my previous column, the ploy works as follows: corporate insiders create a front organization that seems independent but is really under their control. This front buys some of the firm's assets at unrealistically high prices, creating a phantom profit that inflates the stock price, allowing the executives to cash in their stock.

That's exactly what happened at Harken. A group of insiders, using money borrowed from Harken itself, paid an exorbitant price for a Harken subsidiary, Aloha Petroleum. That created a $10 million phantom profit, which hid three-quarters of the company's losses in 1989. White House aides have played down the significance of this maneuver, saying $10 million isn't much, compared with recent scandals. Indeed, it's a small fraction of the apparent profits Halliburton created through a sudden change in accounting procedures during Dick Cheney's tenure as chief executive. But for Harken's stock price — and hence for Mr. Bush's personal wealth — this accounting trickery made all the difference.

Oh, and Harken's fake profits were several dozen times as large as the Whitewater land deal — though only about one-seventh the cost of the Whitewater investigation.

Mr. Bush was on the company's audit committee, as well as on a special restructuring committee; back in 1994, another member of both committees, E. Stuart Watson, assured reporters that he and Mr. Bush were constantly made aware of the company's finances. If Mr. Bush didn't know about the Aloha maneuver, he was a very negligent director.

In any case, Mr. Bush certainly found out what his company had been up to when the Securities and Exchange Commission ordered it to restate its earnings. So he can't really be shocked over recent corporate scams. His own company pulled exactly the same tricks, to his considerable benefit. Of course, what really made Mr. Bush a rich man was the investment of his proceeds from Harken in the Texas Rangers — a step that is another, equally strange story.

The point is the contrast between image and reality. Mr. Bush portrays himself as a regular guy, someone ordinary Americans can identify with. But his personal fortune was built on privilege and insider dealings — and after his Harken sale, on large-scale corporate welfare. Some people have it easy.
_____________________________________________________

Paul Krugman joined The New York Times in 1999 as a columnist on the Op-Ed Page and continues as Professor of Economics and International Affairs at Princeton University.

Krugman received his B.A. from Yale University in 1974 and his Ph.D. from MIT in 1977. He has taught at Yale, MIT and Stanford. At MIT he became the Ford International Professor of Economics.

Krugman is the author or editor of 20 books and more than 200 papers in professional journals and edited volumes.



To: Mannie who wrote (53547)7/12/2002 2:42:45 AM
From: stockman_scott  Respond to of 65232
 
Real Reform: What Bush Might Have Said

--------------------------------------------------------
By FLOYD NORRIS
The New York Times
July 12, 2002

Real Reform: What Bush Might Have Said

Following is a speech that might have gotten a better market reception than the one President Bush actually gave this week.

I'VE come to the financial capital of the world to speak of a serious challenge to our financial markets, and to the confidence on which they rest. The misdeeds now being uncovered in some quarters of corporate America are threatening the financial well-being of many workers and many investors.

The lure of heady profits of the late 1990's spawned abuses and excesses. At first, when the current wave of scandals began to appear, I thought it was just a matter of a few bad apples — a problem that needed little response from the federal government save for vigorous investigation by the Securities and Exchange Commission and prosecution by the Justice Department.

But as Global Crossing followed Enron, and was followed by WorldCom, I concluded that we needed to do more — more to assure that wrongdoers are punished, more to reduce the profits from such crimes and more to bolster confidence. I concluded that words without action might make investors even more fearful.

We have seen executives make hundreds of millions of dollars selling stock before their companies collapsed. They were not selling shares on which they had risked their own money. Most got shares from options, and some were given shares by their companies only weeks before they dumped them on public investors.

That is why I am today calling on Congress to give the S.E.C. authority to limit the shares an executive can sell until at least a year after leaving the company, or a year after buying the stock. The S.E.C. would allow some sales, to pay taxes and perhaps to cover emergency expenses, but executives should face risks like other investors. If a boss wants to fake the numbers, let him know that he risks detection before he can profit from the fraud.

At the same time, it would be better for companies to give executives shares, rather than options, so that the executives would face the downside as well as the upside of share ownership. But current accounting rules provide perverse incentives, by requiring companies to report an expense when they grant shares, but not when they give out options. That must be changed.

I know that most auditors try to do as good a job as they can. But when I hear the WorldCom auditor say he followed required auditing procedures and still missed that $3.8 billion fraud, it is clear we need new procedures. Congress should establish a new accounting regulator controlled by people representing investors, not accountants. That regulator should establish new auditing standards and should discipline — quickly and publicly — auditors who fail to live up to the responsibility we give them.

And because sometimes things aren't exactly black and white when it comes to accounting procedures, auditors must inform shareholders when companies use aggressive — even if arguably legal — accounting to make themselves look better.

Those who do break the law must be punished. I have set up a financial crimes SWAT team, armed with money and people — F.B.I. agents and prosecutors — whose sole focus will be such crimes. To make it easier to convict corrupt executives, I am asking Congress to establish a new crime, one that would make it illegal to use any scheme or artifice to defraud shareholders. Every former S.E.C. chairman I have consulted has called for hundreds of new enforcement officials, and I will make sure they are hired.

Corporate officials have helped create an economy that is the envy of the world. The overwhelming majority are honest and will welcome reforms to restore confidence. As Ronald Reagan said when confronting a different problem: Trust, but verify.

nytimes.com