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


To: afrayem onigwecher who wrote (11227)3/9/2003 1:03:35 PM
From: StockDung  Read Replies (1) | Respond to of 19428
 
£1.3BN FRAUD GANG BUSTED Police arrest four for e-mail scam

Norman Silvester; Exclusive


A CRIME ring linked to a worldwide £1.3billion fraud has been smashed by police in Scotland.

Four Nigerians were arrested and charged with attempting to swindle a Dutch businessman.

Jacobus Groenen, 55, of Nuenen, near Eindhoven, flew to Scotland to meet the Nigerians at a rendezvous in Glasgow's Hilton Hotel.

He believed he was about to invest £15,000 in a dream deal that would bring him a return of £21million.

But after he arrived in Glasgow his suspicions were aroused when he couldn't find any details of the company and went to the police.

They traced the four Nigerians and arrested them. All appeared the next day at Glasgow Sheriff Court and were remanded in custody. All four men gave Edinburgh addresses.

A Strathclyde Police spokeswoman said: "We can confirm, that four males aged 34, 25, 39 and 33 were detained by police on Tuesday, March 4."

Police forces across the world are investigating a series of similar multi-million pound cons originating in Nigeria and other West African countries. But Strathclyde Police are among the first to make any arrests.

The scams usually involve an unsolicited e-mail or fax purporting to come from an African government official, the family of a deposed dictator or a bogus royal.

The sender claims to have access to millions of pounds but can't get it out of the country and asks for a cash payment upfront to unfreeze the accounts, offering a share of the proceeds to those prepared to put up the cash.

The National Criminal Intelligence Service say 150 Britons were stung last year alone, to the tune of £8.4million, an average loss of £56,675. The worldwide total is estimated at £1.3billion.

But police chiefs fear the amount reported is just a fraction of the real losses sustained by people tempted by "get rich quick" proposals and too embarrassed to admit they had been conned.

It is thought the arrests in Scotland targeted "collectors" - teams who travel from Nigeria to meet people who respond to the e-mails.



To: afrayem onigwecher who wrote (11227)3/9/2003 3:34:12 PM
From: StockDung  Respond to of 19428
 
Don Bauder had his fans, no small number of foes
==================================================

Pain in side of corporate skullduggery moves on

Don Bauder had his fans, no small number of foes

By Dean Calbreath
UNION-TRIBUNE STAFF WRITER

March 9, 2003

As columnist Don Bauder retires from The San Diego Union-Tribune, the reactions vary from kudos for 30 years of covering the business community to a sigh of relief from the corporate executives, financial planners and sports-team owners who found themselves at the prickly end of his pen.

Bauder announced he was leaving the newspaper a week ago. He will shortly move into semi-retirement in Salida, Colo., although he hopes to continue writing and commenting on San Diego businesses in one capacity or another.

Bauder has picked up plenty of fans and made plenty of enemies. His fans viewed him as a bulwark against corporate skullduggery, flim-flam artists and "corporate socialism."

"Don played a key role in explaining some of the public subsidies of sports," said San Diego City Councilwoman Donna Frye, who – like Bauder – has been a long-time critic of government financial support of sports teams. "And he protected a lot of people from corporate scams. He was a passionate straight-shooter, and I'm going to miss him."

But detractors complain that Bauder often concentrated on penny-ante scamsters or money-losing companies rather than larger, more positive stories in the community.

"While Don has always looked for and been very happy to report on the negative aspects of business, he hasn't been as good at looking at the positive," said David Hale, founder of the Gensia biotech firm.

Gensia drew a couple dozen critical columns from Bauder as its stock plunged in the 1990s. The company eventually lost the bulk of its Wall Street value before merging with another biotech firm and moving to Orange County.

Bauder was equally critical of a number of high-tech and biotech firms that popped up and deteriorated during the stock market bubble.

"The job of a journalist is to report fully and fairly on what's going on," Bauder said. "We represent the stockholders in these companies, not the people in the boardroom. A high percentage of readers appreciate the fact that I was warning readers that stock prices were overvalued in the 1990s. I still think they're overvalued."

Bauder said that while high-tech and biotech stocks might be appropriate for speculators, they are not necessarily appropriate for the average investor, which is why he spent so much ink questioning their worth.

Bauder also carved out a beat writing about pyramid schemes and other scams.

"Don has been a great champion of the small investor and a fierce opponent of those who appeared to take advantage of the less-sophisticated," said Eric Benink, a local attorney who first came into contact with Bauder as a staffer for the Department of Corporations, the state securities regulator.

In recent years, Bauder has focused much of his attention on public funding of ballparks. In more than 125 columns, Bauder attacked the notion that the city should guarantee how many seats will be filled at Chargers games or provide financial support for a new ballpark for the Padres.

Bauder's columns became a rallying point for opponents of the downtown ballpark, who were ultimately defeated at the polls. The columns won him little love from the teams' owners, or from the corporate establishment downtown, which had pushed hard for the ballpark.

"I have no comment on Don Bauder's departure," said Larry Lucchino, former president of the San Diego Padres who now heads the Boston Red Sox. "In fact, I'm happy to have no further thoughts about Don Bauder."

--------------------------------------------------------------------------------
Dean Calbreath: (619) 293-1891; dean.calbreath@uniontrib.com



To: afrayem onigwecher who wrote (11227)3/10/2003 9:08:39 AM
From: StockDung  Respond to of 19428
 
TIVOLUTION TAKEDOWN By CHRISTOPHER BYRON

March 10, 2003 --
I have a question: What's the big deal with Tivo? All up and down Sixth Avenue, the executives of the American media seem to believe Tivo Inc. is going to do to advertiser-supported broadcast television what America is apparently all set to do to Saddam Hussein - that is, flip out his lights.

Well frankly, folks, my doubts about the threat this Alviso, Calif., outfit is said to represent to the broadcast television industry were only reinforced last week when the company released its latest quarterly numbers. Put bluntly, they stank.

Wall Street sent the stock - down already by more than 90 percent since the peak of the dot-com bubble - tumbling another 15 percent, to a week-end closing price of barely $5.50 per share.

We'll turn in a minute to a close-up look at what the numbers show - that the so-called "Tivo service" just doesn't have the consumer appeal the company had hoped (or that broadcasters had feared). But before getting into the details, first a thought or two regarding what this Tivo company actually is, and what it supposedly does. And that's just it: I frankly don't know.

THE first time I heard the name Tivo, it was from some network person wailing right out loud on TV that if Tivo were to catch on, no advertiser would ever again pay a dime to place a commercial on his network, or on anyone else's.

But wasn't this a little extreme? Tivo's big selling point is supposedly that it lets you cut out all the commercials from your favorite shows. But can't you do the same thing with a VCR already?

So what if VCRs are hard to program. A Krups coffeemaker is hard to program, too, but if you want a cup of coffee badly enough, you'll figure out how to get the job done.

I soon came to see that Tivo has other problems as well. Like, what's with that name? Does Tivo say "VCR for Dummies" to you?

Well, to me it says, Billy Blanks, King of Cool. That's because one day I flipped on the tube and up came this fabulous-looking man, Billy Blanks - all ripped with sweating muscles in a spandex tank top, punching the air in time to some rock music, on a stage in front of 300 gorgeous, adoring women who were doing the same right back at him.

"Tae-bo!" cried the voiceover, "It's the craze that's sweeping America!" - or words to that effect. I thought, "Wait a minute. You mean I can flex my pecs in front of a ballroom full of blondes like that guy, and destroy all of broadcast television at the same time? A two-fer? This is great!"

Eventually, of course, I realized that Tae-bo and Tivo are not the same thing. But when I went to the Tivo Web site to get the lowdown on what this product really is, I saw soon enough why I was confused: Even Tivo doesn't seem to know what it is.

From the Web site, I came away with this: With Tivo, you can, I think, somehow watch a TV show before it's on. Or rearrange things so that the end comes at the beginning. Or watch only the commercials - or only the shows - or edit out all the boring parts. In fact, as I understand it, you may even choose to go for the gold and program an entire lifetime of viewing pleasure for yourself, featuring nothing but hour after hour of King Tae-Bo getting loose.

The Web site also made clear that getting Tivo up and running is not what you'd call a mere lock-and-load type operation. Click that "Order Now" button and you may be embarking on a land war in Asia.

For starters, Tivo violates that infallible rule of consumer marketing known as Byron's Law ("If you have to reach behind the TV to hook the thing up, the product's a loser"). And when it comes to hooking up Tivo, the phone company has to get involved - and you may even need to move your TV into a different room or run black cabling all over the house.

And Tivo ain't cheap. The basic, plain-vanilla Tivo set-top box costs $249.95. The better one costs a hundred dollars more. And they're useless unless you sign up for the Tivo "service," which costs another $12.95 per month. In addition, you may need a "wireless telephone jack," which will set you back another $69.95. And if it turns out that you need some "right and left RCA composite cabling," well, too bad - because the stuff is on back-order, and none of what you've bought may work with it.

So let's now turn to Tivo's latest quarterly numbers, because they suggest pretty clearly that in a slowing economy, when money is once again tight, there just aren't enough people around who are willing to spend close to $500 in the first year for the thrill of bringing home a bunch of boxes that test the marriage and wind up going back the next weekend anyway.

As a result: After piling up more than half a billion dollars in losses in a five-year effort to sell a monthly subscription service based on enabling TV viewers to pause, rewind and play back live or recorded television broadcasts, the company's financials are beginning to buckle under the strain.

To grow this or any business, you have to promote it. But the company is saving its cash by slashing marketing outlays. And that, in turn, helps explain why revenues look to have peaked in the October quarter at just a hair under $25 million, and have actually declined by 8 percent during the three months since then.

In a way, the cutbacks are understandable. After all, there's not much point in spending millions on marketing if the business looks like a loser - even if you don't count such costs and focus instead only on what is known as "gross profits" (revenues before the deduction of administrative, promotional and similar costs).

Even on this ultra low-bar basis, Tivo doesn't hold out much promise. In the October 2002 quarter, the company racked up a 16 percent gross profit margin, and in the latest quarter the margin fell to barely 9 percent.

What's the future? In its press release last week, Tivo said it has enough cash and whatnot on hand to keep going for at least a year, trotting out an improvement in something it calls "adjusted EBITDA" to support the happy news.

But EBITDA (earnings before interest, taxes, depreciation and amortization) is an accounting gimmick cooked up by Wall Street to get investors to ignore the balance-sheet debts of enormously leveraged media companies like AOL Time Warner. The concept - which even the accounting profession itself has dissed - is doubly meaningless when it comes to a company like Tivo, which has almost no debt at all.

THE real measure of this company's staying power is its cash flow from operations. But with less than $44 million of cash left on the balance sheet, and a burn rate that ran at $35 million in the nine months through October, the only way that cash is going to last more than a year is if overhead, including marketing, is slashed even more. Rather than a company maneuvering to grow, Tivo now seems to be struggling simply to survive.

Not so long ago, companies like Tivo were Wall Street's spandex stocks, promising all of America a night to remember. And at 90 times revenues for a ticket on the red-eye to paradise, who among us dared think about the morning after? Not many, I'll say.

But the Hotel Dot-com has been shut down now, and most of the era's digital darlings have either changed their names and found new pursuits, or they've simply gone out of business.

Only a few still remain, gamely working the streets in their frayed high-tech finery, conjuring little beyond memories of mistakes that can't be undone. How many among us still get turned on when the voice of an EBITDA press release whispers from the doorway, "Psst, sailor! Only $6 per share - wanna go upstairs?"

As for me, I think I'll stay home and flip on a night of Tae-bo.

* Please send e-mail to:

cbyron@nypost.com

For more information and headlines



To: afrayem onigwecher who wrote (11227)3/10/2003 9:30:14 AM
From: StockDung  Read Replies (1) | Respond to of 19428
 
Bristol-Myers Cuts $2.5 Billion From 1999-2001 Sales (Update2)
By Joe Richter

New York, March 10 (Bloomberg) -- Bristol-Myers Squibb Co., the fourth-biggest U.S. drugmaker, reduced sales reported for 1999 through 2001 by about $2.5 billion because of a failed discounting strategy for wholesalers.

The company cut earnings from continuing operations for the same period by about $900 million, it said in a release on PR Newswire. It restated results in the first six months of 2002 to add $201 million to profit and $653 million to revenue.

Bristol-Myers reiterated its forecasts for 2003. With the restatement over, Chief Executive Officer Peter Dolan may start to win back investor confidence, some shareholders said before the release.

``As bad as the news has been, they are dealing with the issues one by one,'' said Marty Bukoll, an analyst at Northern Trust, which manages about $320 billion and owns Bristol-Myers stock. ``The restatement won't affect performance going forward.''

Bukoll's firm added 268,184 shares in the fourth quarter, according to a regulatory filing.

Bristol-Myers said in October it would restate more than $2 billion in revenue because it inflated sales by offering discounts to wholesalers. It faces a government investigation over its accounting for the strategy.

Shares Tumble

The company's shares tumbled 55 percent last year, the second- worst performance in the Standard & Poor's 500 Pharmaceuticals Index. Shares of Bristol-Myers have dropped 1.5 percent this year, compared with a 4.2 percent decline in the S&P drug index. On Friday, they rose 27 cents to $22.80 in New York Stock Exchange composite trading.

Bristol-Myers in December failed to raise its dividend for the first time in 30 years. Investors said they were heartened that the New York-based company didn't opt for a cut. They also expressed optimism about Abilify, a schizophrenia drug that won U.S. approval in November.

Dolan, 47, became Bristol-Myers's CEO in May 2001. That year, he agreed to pay $2 billion for part of ImClone Systems Inc. and access to the biotechnology company's experimental Erbitux cancer drug. U.S. regulators then refused to even consider the medicine. Former ImClone CEO Samuel Waksal has since pleaded guilty to insider trading and failing to pay sales taxes.

Among 32 analyst ratings on Bristol-Myers tracked by Bloomberg, only four are the equivalent of a ``buy.'' That's compared with 18 ``holds'' and 10 ``sells.''




©2003 Bloomberg L.P. All rights reserved. Terms of Service, Privacy Policy and Trademarks.



To: afrayem onigwecher who wrote (11227)3/11/2003 4:10:00 PM
From: StockDung  Respond to of 19428
 
REDSTONE CASTLE SEIZED IN INVESTMENT FRAUD CASE

The IRS Criminal Investigation, FBI, and Colorado Securities and Exchange Commission officers seized the Redstone Castle, the Carriage House, and another nearby property last Friday. This comes as part of a nationwide investment fraud crackdown that also involved companies and individuals in several other countries. The Redstone Castle, located in Redstone, Colorado, south of Glenwood Springs, was owned by a group called the 'Weed Agency' that offered incredible investment opportunities to the public. They promised returns of an additional 25 to 100% or even higher on those investments. Proceeds from the scheme were used to purchase the buildings. Investigators say people in 33 states, including Colorado, and 14 countries have been defrauded by the scheme, costing them about 20 million dollars. As for the Redstone Castle? According to John Harrison, a criminal investigator for the IRS, the government has filed what's called a civil forfeiture action to preserve the properties for victims. Harrison says victims invested hundreds of thousands of dollars. They may only see a small portion of that returned to them. A criminal action is currently underway, but arrests have yet to be made.


©2003 Pikes Peak Broadcasting. All Rights Reserved



To: afrayem onigwecher who wrote (11227)3/11/2003 6:21:41 PM
From: StockDung  Respond to of 19428
 
SK chiefs indicted on accounting fraud
By Andrew Ward in Seoul
Published: March 11 2003 19:15 | Last Updated: March 11 2003 19:15


Ten executives of SK Group, South Korea's third-largest conglomerate, were charged on Tuesday with accounting fraud after prosecutors discovered that one of its subsidiaries had inflated profits by $1.2bn.


Son Kil-seung, chairman of SK and one of the most powerful businessmen in South Korea, was among the executives indicted. He could face jail if found guilty.

The scandal appeared to be the most serious incident of false accounting in South Korea since bankrupt Daewoo Group was found to have inflated its earnings by $30bn four years ago.

The revelations have thrown the future of SK into doubt and raised fresh questions about the reliability of accounting throughout South Korea's corporate sector.

Analysts said the tackling of SK marked an early success in efforts by Roh Moo-hyun, South Korea's new president, to root out malpractice among the country's family-owned business empires, known as chaebol.

"This sends out a strong warning to the other chaebol that the old practices of window dressing and insider dealing will no longer be tolerated," a government official said.

Other chaebol, such as Samsung, LG and Hyundai, have been thrown into panic by the probe into SK, fearing that they could be future targets. However, prosecutors said they had no plans for further investigations.

Prosecutors found the $1.2bn "black hole" in the accounts of SK Global, the group's trading arm. The company issued a statement admitting that the allegations were true. "We are very sorry for causing concern to the people," said SK Group. "We seek the understanding and forgiveness of the people by regretting our past misdeeds."

Analysts said SK was financially strong enough to survive the crisis, provided no more irregularities were found at the group.

Other SK affiliates are expected to suffer knock-on effects from SK Global's troubles because the group is tied together through a complex web of cross-investments. SK Corporation, the group's oil refining arm and the biggest shareholder in SK Global, re-stated its 2002 earnings downwards by 50 per cent on Monday.

Shares in SK Telecom, the group's flagship company, fell 8 per cent yesterday amid fears it could be forced to bail out its affiliates.

In addition to accounting fraud, the 10 indicted executives were also accused of involvement in illegal trading of shares in the group's subsidiaries.

The indictment of Mr Son sent a powerful message to other chaebol leaders because he is chairman of the Federation of Korean Industries, South Korea's most influential business lobby group.



To: afrayem onigwecher who wrote (11227)3/11/2003 10:03:17 PM
From: StockDung  Read Replies (2) | Respond to of 19428
 
Stomp a Terrorist Game confound.com

I got 27



To: afrayem onigwecher who wrote (11227)3/12/2003 3:50:30 PM
From: StockDung  Respond to of 19428
 
New York Stock Exchange Member Firms Lost $218 Mln in 4th-Qtr
By Jed Horowitz

New York, March 12 (Bloomberg) -- The New York Stock Exchange, the world's biggest exchange, said its 240 member firms that do business with the public lost $218 million in the last three months of 2002, their first quarterly loss in four years.

The broker-dealers' combined loss, which compares with profit of $1.8 billion in the same period of 2001, came after a 30 percent plunge in the New York Stock Exchange Composite Index, which includes all the common stocks listed on the exchange, in the past three years.

The average daily value of trades on the NYSE -- which together with volume determines trading profitability -- has plunged 20 percent this year from the average in 2000. The drop, combined with slumping demand for underwriting and other investment-banking services, led to the first back back-to-back annual profit decline for the securities industry in at least 12 years, according to the Securities Industry Association.

``These firms are more sensitive than the rest of the economy to a downturn,'' said Anirvan Banerji, director of research at the Economic Cycle Research Institute, a New York-based consultant. ``In terms of the taxes collected by the New York City economy, it's a very significant number, and it may be an indication of what's happening in the overall financial sector.''

Declining profits among Wall Street securities firms, which are responsible for about a third of New York City's tax revenue, have contributed to a $3.4 billion budget gap, forcing city officials to propose tax increases and seek concessions from unions to save money.

Merrill's Profit

The exchange's profit data don't include specialists, the ten firms that match buyers and sellers of securities on the NYSE floor and don't deal directly with the public. After-tax profits for such firms, which include LaBranche & Co. and the Dutch firm Van Der Moolen, rose 1.9 percent, to a combined $106 million from $104 million in the fourth quarter of 2001.

Of the 240 member firms, 57 percent were profitable in the fourth quarter, the NYSE said. In that category was Merrill Lynch & Co., the biggest securities firm by capital, which earned $603 million in the period. Losers included J.P. Morgan Chase & Co., which had a loss of $387 million.

Earnings at the 137 profitable firms totaled $3.1 billion, down from $4.6 billion among the 153 companies reporting gains in the fourth quarter of 2001. Losses at the 103 unprofitable firms were $3.4 billion before taxes, compared with $1.8 billion for the 108 that lost money in the same period of 2001.

Revenue at the brokerages fell 16 percent during the fourth quarter, to $35.5 billion from $42.3 billion one year earlier. For all of 2002, the NYSE member firms had after-tax profits of $3.6 billion on revenue of $148.7 billion, the NYSE said.

NYSE members cut their fourth-quarter expenses 9 percent to $35.8 billion from $39.5 billion in the 2001 quarter.

Average Trades

The exchange said the figures are based on all member firms' revenue, including trading, interest and commission income. Results were calculated on the assumption of a 35 percent tax rate.

The ten specialist firms saw fourth-quarter 2002 revenue fall 10 percent to $407 million from $454 million one year earlier. For all of 2002, it dropped 7 percent to $1.6 billion from $1.8 billion in 2001.

The value of share trading in the first two months of 2003 has declined since last quarter, according to exchange data. The average size of an NYSE trade in the first two months of 2003 fell 35 percent to 538 shares from the same period in 2002 and the average share price fell 19 percent to $25.03.

The dollar value of trades has slipped 18 percent to $35.3 billion from $43.3 billion in January and February of 2002. In all of 2002, the average size of an NYSE trade was 666 shares and the average price per share was $28.39.

Average daily trading volume inched up to 1.409 billion shares in January and February from 1.405 billion one year earlier. For all of 2002, average daily volume was 1.441 billion shares.



To: afrayem onigwecher who wrote (11227)3/12/2003 4:24:09 PM
From: StockDung  Respond to of 19428
 
COURT JAILS DEFENDANT IN SEC LAWSUIT FOR CONTEMPT, FINDS OTHERS IN COMPTEMPT

The Commission announced that last week a federal district court judge
in Charlottesville, Virginia jailed Terry Dowdell, a Charlottesville
resident, for spending as much as $850,000 of funds that the court had
ordered frozen in a pending civil enforcement action brought by the SEC
against him. Dowdell, age 56, was the mastermind of a massive
international investment fraud, and the principal defendant in an SEC's
enforcement action pending before Judge James H. Michael, Jr. in
Charlottesville.

In the underlying lawsuit, the SEC accused Dowdell of raising more that
$70 million from investors in the U.S. and abroad for a fictitious
trading program (Vavasseur Program) purportedly involving the purchase
and sale of foreign bank instruments and purportedly being operated by
Vavasseur Corporation, a Bahamian corporation that is also named as a
defendant in this action. According to the SEC, instead of operating a
legitimate trading program, Dowdell engaged in an old-fashioned Ponzi
scheme, using new investor money to pay old investors their promised
profits, and misappropriating millions of dollars of investor funds in
the process.

Dowdell admitted to the fraud in a Consent and Stipulation he filed in
June 2002, and in December 2002, Dowdell pled guilty to criminal charges
of securities fraud, wire fraud and money laundering. He is scheduled
to be sentenced on May 5, 2003.

The Court's commitment order against Dowdell stemmed from a civil
contempt motion brought by the law firm of DurretteBradshaw, PLC, which
had previously been appointed as Receiver over all of Dowdell's assets.
The motion arose from the Commission's discovery that, notwithstanding
the existence of an asset freeze covering all investor assets that had
been invested in the Vavasseur Program, Dowdell, through Shinder Gangar
and Alan White, two of Dowdell's associates in Europe, caused in excess
of $850,000 of Vavasseur investor funds to be repatriated into the
United States into the bank account of three associates in California,
Mark Smyth, Gregory Smyth and Jack Dempsey, who in turn dispersed
approximately $450,000 of this amount, at Dowdell's instructions, for
the benefit of Dowdell and his family members. Dowdell's repatriation
and dissipation of investor funds occurred during a period of time in
which Dowdell claimed to be cooperating with federal criminal and civil
authorities.

At a hearing conducted by the Court on Feb. 5, 2002 in connection with
the contempt motion, Dowdell filed a consent and stipulation admitting
to virtually all of the Receiver's allegations. When examined by the
Commission about such matters as the current location of investor funds
and the possibility of additional, unlawful post-freeze transfers of
funds, Dowdell asserted his Fifth Amendment privilege, but nonetheless
asserted that he had no current access to Vavasseur investor funds.

In the March 4 Order requiring Dowdell's incarceration, the Court found
that "Dowdell has continuously played marbles on the coattails of the
court. There can be no reasonable assurances by Dowdell at this time
that he will not continue to violate this court's orders if given the
opportunity or that he is unable to purge his contempt. Similarly,
Dowdell's assertion that he is no longer has access to funds is rendered
hollow by his demonstrated prior access to funds."

Citing to United States v. Rylander, 1983 Supreme Court decision, the
Court reasoned that Dowdell could not assert inability to comply with a
court order while at the same time refusing to answer further questions
on the issue through invocation of the Fifth Amendment privilege. The
Court found that Dowdell, by asserting his Fifth Amendment privilege,
had waived any argument he may have as to inability to comply with the
court's repatriation and freeze orders, or to purge himself of the
contempt.

The Court ordered that Dowdell be incarcerated until such time that he
fully and completely purges himself of contempt by repatriating and
disgorging all Vavasseur funds and by telling the SEC and the Receiver
where all Vavasseur's funds are located and how such funds may be
obtained by the Receiver.

In addition to finding Dowdell in contempt, the Court, in a separate
ruling entered on Feb. 12, 2003, found Mark Smyth and Gregory Smyth in
civil contempt for their role in the secret repatriation and dissipation
of the $850,000, and subsequently, in an order entered on Feb. 27, 2003,
entered judgment against them for the sum of $785, 000, plus prejudgment
interest.

Additional information on how prime bank and other banking-related
investment schemes work can be found at the SEC's Prime Bank Fraud
Information Center
(http://www.sec.gov/divisions/enforce/primebank.shtml) in the
enforcement section of the SEC's Web site. [SEC v. Terry L. Dowdell, et
al., Civil Action No. 3:01CV00116, WDVA, James H. Michael, Jr.] (LR-
18029)



To: afrayem onigwecher who wrote (11227)3/13/2003 8:42:15 AM
From: StockDung  Respond to of 19428
 
FEATURE-Nigeria pays high price for its con artists

By Dino Mahtani

LAGOS, Nigeria (Reuters) - Nigerian banker Anthony Owuye loses no opportunity to voice his bitterness after failing to clinch promising partnership deals with British banks.

He blames it all on Nigeria's legion of con artists who have gained worldwide notoriety for their 419 scam letters -- so-called after a section of the Nigerian penal code.

"The first British counterpart I spoke to warned me that this would not be easy, and that the likelihood of success was very low," recalled Owuye, chairman of Lagos-based Personal Trust Savings and Loans Ltd.

"Foreigners will always think first of 419 when it comes to Nigerians. The process can be a humiliating one," Owuye told Reuters in his office in the Surulere district of Lagos.

A photo on a wall of the modest office shows the banker in an embrace with Nigerian President Olusegun Obasanjo, whose declared war on corruption has apparently failed to deter those perpetrating the scams.

Nigeria's image took a further battering on Feb. 19 after a 72-year-old Czech who lost his life savings in an apparent oil investment scam shot dead a Nigerian diplomat in the country's embassy in Prague.

Czech police have not elaborated on the killing of consul Michael Lekara Wayid in the most high-profile murder linked to Nigerian white-collar crime.

Nigerian conmen have swindled hundreds of millions of dollars from gullible Americans and Europeans responding to 419 junk letters promising recipients a share of non-existent fortunes, according to international crime agencies.

The scams come in a variety of forms including money transfer schemes, charitable donations, fake government contracts, cheap oil deals, black market currency deals and fraudulent business tenders.

Begun in the early 1990s when the economy of the world's seventh-largest oil exporter headed downhill, 419s are now probably Nigeria's biggest foreign currency earner after oil and ahead of cocoa exports, according to some estimates.

DIGITAL FRAUD

The criminals running the scams have leapfrogged from using faxes to using digital technology, exploiting the power and anonymity of the Internet and its mailing lists to churn out millions of solicitous letters.

A proliferation of cyber cafes in Lagos has slashed the start-up costs for digital fraudsters among Nigeria's teeming army of bright, young unemployed graduates, telecom experts say.

"If you haven't received any of the Nigerian letters, you probably haven't got an e-mail or other mailing address," said a diplomat in the commercial section of a Western embassy here.

A typical letter, with trademark grotesque grammar, would come purportedly from a senior director of the Nigerian central bank who has incredibly just uncovered hundreds of millions of dollars of illegal contract money.

He needs a foreign partner with a bank account to transfer the funds, in return for a fee, typically about 35 percent, for the foreigner.

Those gullible enough to respond end up losing anything from $5,000 to $100,000 in advance fees before they realize no such fortune or central bank official exists.

Officials of the U.S. Bureau for International Narcotics and Law Enforcement Affairs put the value of an average 419 scam at $6,000.

According to official United States figures on 419, only 16 Americans reported cash losses amounting to $345,000 in 2001. But they said this was likely to be a tiny fraction as most scam victims are too embarrassed to come forward.

COSTLY SCREENING

Kojo Bedu-Addo, senior Africa analyst at the London-based Control Risks Group, says the need to screen potential partners is increasing the cost of doing business with Nigeria.

"There is no guarantee even if you do have an official company or government letterhead that you are dealing with the right people," Bedu-Addo told Reuters. "Only face to face contact and due diligence will prevent outright fraud."

As a result, foreign companies wanting to do business in Nigeria have to be helped by Nigerian consulates abroad who often have to set up special task forces in association with other international anti-fraud agencies.

The Nigerian central bank says those it terms greedy foreigners are equally guilty of 419 crimes. But as its own image became soiled in the scam, it placed prominent advertisements in major international publications with the message: "If it sounds too good to be true, it's probably not true."

"They were punishing our image," central bank spokesman Tony Ede said of the scam letters. "We were getting calls from reputable international companies accusing the CBN (central bank) of being implicated in 419."

According to the Special Fraud Unit of the Nigeria Police, only 22 convictions between 1993 and 2001 were related to 419 offenses. Roughly 30 arrests have been recorded this year.

"The judicial process in this country is very slow, so convictions may take some time," fraud unit chief Charles Akaya, a police commissioner, told Reuters.

Tackling fraud in Nigeria is complicated by the country's reputation for corruption in general. Berlin-based Transparency International has consistently put Nigeria at the top or in second place of its annual global corruption index over the past five years.

Obasanjo, who used to sit on the board of Transparency International before he became Nigeria's president in 1999, has publicly confessed he is embarrassed by the corruption ranking.

03/13/03 08:00 ET



To: afrayem onigwecher who wrote (11227)3/13/2003 1:50:21 PM
From: StockDung  Respond to of 19428
 
STUPID PET TRICKS->Lord Abbett Boosts AMR, CMS Stakes Before They Plunge (Update1)
By Bill Hester

New York, March 13 (Bloomberg) -- Two of the three worst- performing stocks in the Standard & Poor's 500 Index this year have at least one thing in common: Lord Abbett & Co. started 2003 as their biggest investor after raising its holdings at the end of last year.

Lord Abbett, a money manager founded in 1929, almost doubled its stake in AMR Corp., parent of American Airlines, last quarter. The firm bought 13.1 million shares, giving it a 17 percent interest, according to regulatory filings. AMR has plunged 79 percent this year, prompting Standard & Poor's to drop it from the index starting today.

The fund company added 1.5 million shares of CMS Energy Corp., Michigan's largest utility, in the fourth quarter to give it 7.2 percent of the stock. CMS has fallen 62 percent so far this year, the third-biggest decliner in the S&P 500.

``J.P. Morgan said you have to buy when there's blood on the street,'' said Robert Veasey, a financial adviser with Sowa Financial Group Inc. in East Providence, Rhode Island, which manages $250 million in assets. ``It looks like they mistimed this investment though.''

Lord Abbett is buying companies in industries such as transportation and construction, betting the U.S. economy will grow as much as 3.5 percent this year, said Milton Ezrati, the firm's senior economic strategist.

Not Enough

The pickup isn't happening fast enough for AMR, which lost $5.27 billion the past two years as business travel fell and airlines slashed fares to win passengers. The company is trying to trim $4 billion in annual operating costs to avoid bankruptcy.

The decline in the stock pulled down the performance of Affiliated Fund, Lord Abbett's 69-year-old flagship fund. The $10.9 billion fund has slumped 10 percent this year, trailing 66 percent of similar ones, according to Bloomberg data.

CMS's drop has hurt Lord Abbett's $27 million America's Value Fund, which has 8.6 percent of its holdings in energy stocks and has dropped 9.4 percent this year.

Lord Abbett managed more than $48 billion of assets as of Dec. 31, in 52 mutual funds and separately managed accounts.

The Jersey City, New Jersey-based firm is known for value investing, which means it tries to buy stocks at prices that are considered inexpensive compared with the companies' assets, analysts said.

Value investors tend to buy a stock and hold onto it for a while, Morningstar Inc. analyst Langdon Healy said.

Affiliated Fund's turnover rate was 77 percent in 2001, a year when the S&P 500 Index fell 13 percent, said Healy, who didn't have last year's data available. Historically, the fund's turnover rate was lower. From 1995 to 1998, for example, the rate ranged from 46 percent to 56 percent, he said.

Affiliated Fund

Lord Abbett's current ownership of AMR is almost double that of the next shareholder, Primecap Management Co. of Pasadena, California. Primecap, an investment adviser for Vanguard Group, increased its holdings by more than 28,000 shares last quarter to 14.8 million, boosting its stake to 9.5 percent.

``It seems that they are making a bet that AMR is not going into bankruptcy,'' said Geoff Bobroff of Bobroff Consulting, a fund industry advisory firm in East Greenwich, Rhode Island.

In addition to Fort Worth, Texas-based AMR, several of Affiliated Fund's other holdings are tied to a rebound in the economy, according to Lord Abbett's Dec. 31 filing.

Its largest position is in Exxon Mobil Corp., the world's biggest publicly traded oil company, followed by Deere & Co., the No. 1 maker of farm equipment. Exxon has dropped 21 percent the past year, and Deere has declined 18 percent.

Eli Salzmann, one of Affiliated's managers and the director of large-cap value research at Lord Abbett, didn't return calls for a comment. The other managers are W. Thomas Hudson, the firm's director of equity mutual funds; portfolio manager Sholom Dinsky; and Robert Morris, director of equity investments, according to the Lord Abbett website.

The Affiliated Fund has returned 9.5 percent annually the past decade, making it one of only 151 stock funds to outperform the S&P 500 in that period, according to Morningstar Inc. The index returned 8.6 percent annually.

America's Value

CMS has fallen on concern that its credit ratings would be lowered as available cash declines.

The company's trading unit collapsed last year after it revealed $5.2 billion in sham electricity trades. CMS suspended its dividend in January to conserve cash, and has been trying to stem losses by selling assets. Last month, Constellation Energy Corp., the owner of Baltimore Gas & Electric Co., agreed to buy most of CMS's remaining power-trading business.

Besides CMS, Lord Abbett's America's Value Fund owns ChevronTexaco Corp., its largest holding that's fallen 29 percent the past year.

The biggest CMS investor behind Lord Abbett is Franklin Resources Inc., which added 345,000 shares last quarter to give it a 4 percent stake.



To: afrayem onigwecher who wrote (11227)3/13/2003 3:19:26 PM
From: StockDung  Respond to of 19428
 
Baxter Says 1st-Qtr Earnings to Fall, Cuts Forecasts (Update5)
By Ambre Brown Morley

Deerfield, Illinois, March 13 (Bloomberg) -- Baxter International Inc., the world's biggest maker of treatments for blood diseases, said first-quarter earnings will drop because competition is pushing down prices for plasma products. The company's shares tumbled as much as 24 percent.

Net income will probably fall to between 36 and 38 cents a share from 41 cents in the same period of 2002, Chief Executive Officer Harry Kraemer told investors. Analysts surveyed by Thomson Financial had expected, on average, earnings of 43 cents a share.

Baxter keeps underestimating the competition from Bayer AG and CSL Ltd. in the U.S. market for products made from blood components, analysts said. Kraemer reduced 2003 sales forecasts for the second time in six months and also cut the profit target.

``Investors want predictability -- they want consistency and reliability,'' said David Gruber, managing partner at Apegasus Healthcare who's starting a hedge fund and owns Baxter shares himself. ``They aren't getting as much of that as they want.''

Shares of Baxter fell $5.72 to $21.55 as of 1:08 p.m. in New York Stock Exchange composite trading. Earlier, they dropped to $20.60, the biggest one-day decline since July 2002. The stock has lost almost two-thirds of its value in 12 months.

Prices Plummet

Baxter, based in the Chicago suburb of Deerfield, Illinois, said prices have dropped particularly for plasma proteins, proteins in the watery liquid that carries red and white blood cells. The proteins, which account for about 16 percent of Baxter's annual sales, are used to boost patients' immune systems and treat conditions such as burns and liver disease.

Prices for the protein solution albumin slumped more than 40 percent last year, while so-called immune globulin therapies saw a decline of more than 20 percent, Baxter said. And since the end of 2002, prices have dropped at least another 10 percent, Baxter officials said at a meeting with investors.

``By the end of last year, I was convinced it hit the bottom,'' said Thomas Glanzmann, president of Baxter's BioScience division. ``I was wrong.''

``It shows the management is struggling to get their arms around their business,'' said Michael Weinstein, an analyst at J.P. Morgan Chase & Co. with an ``overweight'' rating on Baxter. He doesn't own the stock. ``There hasn't been much credibility.''

Hemophilia Market

Baxter said devalued currencies in Latin America and Turkey have also hurt the company. In addition, it's facing more competition for medicines used to treat hemophiliacs, whose blood doesn't clot properly.

Bayer, Germany's biggest drugmaker, last year resolved a U.S. investigation of its manufacturing processes that had held up sales of its Kogenate hemophilia therapy. Baxter said wholesalers and clinics are now reducing inventories of some blood-clotting products because they're more confident that there will be a steady flow from manufacturers.

Baxter in October said percentage sales growth for 2003 would be in the ``low double digits,'' down from an earlier forecast of ``low teens.'' Today, the company predicted an increase in revenue of between 8 percent and 12 percent. First-quarter sales may rise as little as 5 percent, Baxter said.

Full-year net income will probably be between $2.10 and $2.20 a share, Baxter said. That's compared with the $2.22 to $2.29 the company estimated in January. Baxter is only releasing per-share estimates and not total profit figures, company spokeswoman Deborah Spak said.

`Bad Timing'

``It just seems to be that this is bad timing,'' said Michael Barr, an analyst at Victory Capital Management, which owns about 1 million Baxter shares. ``I don't think anybody foresaw the intensity of the pricing decline.''

Baxter also faces an investigation by the U.S. Justice Department over kidney-disease filters linked to 51 deaths. The U.S. attorney in Chicago issued a subpoena in late December, Baxter said. Kraemer said he couldn't speculate on the ramifications of the U.S. subpoena. Probes in other countries have been resolved, he said.

``All criminal investigations with Sweden, Spain and Croatia have been eliminated,'' Kraemer told investors in the meeting. ``We have settled with virtually all families in all countries. This is 99 percent behind us.''



To: afrayem onigwecher who wrote (11227)3/13/2003 3:19:27 PM
From: StockDung  Respond to of 19428
 
Baxter Says 1st-Qtr Earnings to Fall, Cuts Forecasts (Update5)
By Ambre Brown Morley

Deerfield, Illinois, March 13 (Bloomberg) -- Baxter International Inc., the world's biggest maker of treatments for blood diseases, said first-quarter earnings will drop because competition is pushing down prices for plasma products. The company's shares tumbled as much as 24 percent.

Net income will probably fall to between 36 and 38 cents a share from 41 cents in the same period of 2002, Chief Executive Officer Harry Kraemer told investors. Analysts surveyed by Thomson Financial had expected, on average, earnings of 43 cents a share.

Baxter keeps underestimating the competition from Bayer AG and CSL Ltd. in the U.S. market for products made from blood components, analysts said. Kraemer reduced 2003 sales forecasts for the second time in six months and also cut the profit target.

``Investors want predictability -- they want consistency and reliability,'' said David Gruber, managing partner at Apegasus Healthcare who's starting a hedge fund and owns Baxter shares himself. ``They aren't getting as much of that as they want.''

Shares of Baxter fell $5.72 to $21.55 as of 1:08 p.m. in New York Stock Exchange composite trading. Earlier, they dropped to $20.60, the biggest one-day decline since July 2002. The stock has lost almost two-thirds of its value in 12 months.

Prices Plummet

Baxter, based in the Chicago suburb of Deerfield, Illinois, said prices have dropped particularly for plasma proteins, proteins in the watery liquid that carries red and white blood cells. The proteins, which account for about 16 percent of Baxter's annual sales, are used to boost patients' immune systems and treat conditions such as burns and liver disease.

Prices for the protein solution albumin slumped more than 40 percent last year, while so-called immune globulin therapies saw a decline of more than 20 percent, Baxter said. And since the end of 2002, prices have dropped at least another 10 percent, Baxter officials said at a meeting with investors.

``By the end of last year, I was convinced it hit the bottom,'' said Thomas Glanzmann, president of Baxter's BioScience division. ``I was wrong.''

``It shows the management is struggling to get their arms around their business,'' said Michael Weinstein, an analyst at J.P. Morgan Chase & Co. with an ``overweight'' rating on Baxter. He doesn't own the stock. ``There hasn't been much credibility.''

Hemophilia Market

Baxter said devalued currencies in Latin America and Turkey have also hurt the company. In addition, it's facing more competition for medicines used to treat hemophiliacs, whose blood doesn't clot properly.

Bayer, Germany's biggest drugmaker, last year resolved a U.S. investigation of its manufacturing processes that had held up sales of its Kogenate hemophilia therapy. Baxter said wholesalers and clinics are now reducing inventories of some blood-clotting products because they're more confident that there will be a steady flow from manufacturers.

Baxter in October said percentage sales growth for 2003 would be in the ``low double digits,'' down from an earlier forecast of ``low teens.'' Today, the company predicted an increase in revenue of between 8 percent and 12 percent. First-quarter sales may rise as little as 5 percent, Baxter said.

Full-year net income will probably be between $2.10 and $2.20 a share, Baxter said. That's compared with the $2.22 to $2.29 the company estimated in January. Baxter is only releasing per-share estimates and not total profit figures, company spokeswoman Deborah Spak said.

`Bad Timing'

``It just seems to be that this is bad timing,'' said Michael Barr, an analyst at Victory Capital Management, which owns about 1 million Baxter shares. ``I don't think anybody foresaw the intensity of the pricing decline.''

Baxter also faces an investigation by the U.S. Justice Department over kidney-disease filters linked to 51 deaths. The U.S. attorney in Chicago issued a subpoena in late December, Baxter said. Kraemer said he couldn't speculate on the ramifications of the U.S. subpoena. Probes in other countries have been resolved, he said.

``All criminal investigations with Sweden, Spain and Croatia have been eliminated,'' Kraemer told investors in the meeting. ``We have settled with virtually all families in all countries. This is 99 percent behind us.''



To: afrayem onigwecher who wrote (11227)3/13/2003 3:19:27 PM
From: StockDung  Respond to of 19428
 
Baxter Says 1st-Qtr Earnings to Fall, Cuts Forecasts (Update5)
By Ambre Brown Morley

Deerfield, Illinois, March 13 (Bloomberg) -- Baxter International Inc., the world's biggest maker of treatments for blood diseases, said first-quarter earnings will drop because competition is pushing down prices for plasma products. The company's shares tumbled as much as 24 percent.

Net income will probably fall to between 36 and 38 cents a share from 41 cents in the same period of 2002, Chief Executive Officer Harry Kraemer told investors. Analysts surveyed by Thomson Financial had expected, on average, earnings of 43 cents a share.

Baxter keeps underestimating the competition from Bayer AG and CSL Ltd. in the U.S. market for products made from blood components, analysts said. Kraemer reduced 2003 sales forecasts for the second time in six months and also cut the profit target.

``Investors want predictability -- they want consistency and reliability,'' said David Gruber, managing partner at Apegasus Healthcare who's starting a hedge fund and owns Baxter shares himself. ``They aren't getting as much of that as they want.''

Shares of Baxter fell $5.72 to $21.55 as of 1:08 p.m. in New York Stock Exchange composite trading. Earlier, they dropped to $20.60, the biggest one-day decline since July 2002. The stock has lost almost two-thirds of its value in 12 months.

Prices Plummet

Baxter, based in the Chicago suburb of Deerfield, Illinois, said prices have dropped particularly for plasma proteins, proteins in the watery liquid that carries red and white blood cells. The proteins, which account for about 16 percent of Baxter's annual sales, are used to boost patients' immune systems and treat conditions such as burns and liver disease.

Prices for the protein solution albumin slumped more than 40 percent last year, while so-called immune globulin therapies saw a decline of more than 20 percent, Baxter said. And since the end of 2002, prices have dropped at least another 10 percent, Baxter officials said at a meeting with investors.

``By the end of last year, I was convinced it hit the bottom,'' said Thomas Glanzmann, president of Baxter's BioScience division. ``I was wrong.''

``It shows the management is struggling to get their arms around their business,'' said Michael Weinstein, an analyst at J.P. Morgan Chase & Co. with an ``overweight'' rating on Baxter. He doesn't own the stock. ``There hasn't been much credibility.''

Hemophilia Market

Baxter said devalued currencies in Latin America and Turkey have also hurt the company. In addition, it's facing more competition for medicines used to treat hemophiliacs, whose blood doesn't clot properly.

Bayer, Germany's biggest drugmaker, last year resolved a U.S. investigation of its manufacturing processes that had held up sales of its Kogenate hemophilia therapy. Baxter said wholesalers and clinics are now reducing inventories of some blood-clotting products because they're more confident that there will be a steady flow from manufacturers.

Baxter in October said percentage sales growth for 2003 would be in the ``low double digits,'' down from an earlier forecast of ``low teens.'' Today, the company predicted an increase in revenue of between 8 percent and 12 percent. First-quarter sales may rise as little as 5 percent, Baxter said.

Full-year net income will probably be between $2.10 and $2.20 a share, Baxter said. That's compared with the $2.22 to $2.29 the company estimated in January. Baxter is only releasing per-share estimates and not total profit figures, company spokeswoman Deborah Spak said.

`Bad Timing'

``It just seems to be that this is bad timing,'' said Michael Barr, an analyst at Victory Capital Management, which owns about 1 million Baxter shares. ``I don't think anybody foresaw the intensity of the pricing decline.''

Baxter also faces an investigation by the U.S. Justice Department over kidney-disease filters linked to 51 deaths. The U.S. attorney in Chicago issued a subpoena in late December, Baxter said. Kraemer said he couldn't speculate on the ramifications of the U.S. subpoena. Probes in other countries have been resolved, he said.

``All criminal investigations with Sweden, Spain and Croatia have been eliminated,'' Kraemer told investors in the meeting. ``We have settled with virtually all families in all countries. This is 99 percent behind us.''



To: afrayem onigwecher who wrote (11227)3/13/2003 3:19:27 PM
From: StockDung  Respond to of 19428
 
Baxter Says 1st-Qtr Earnings to Fall, Cuts Forecasts (Update5)
By Ambre Brown Morley

Deerfield, Illinois, March 13 (Bloomberg) -- Baxter International Inc., the world's biggest maker of treatments for blood diseases, said first-quarter earnings will drop because competition is pushing down prices for plasma products. The company's shares tumbled as much as 24 percent.

Net income will probably fall to between 36 and 38 cents a share from 41 cents in the same period of 2002, Chief Executive Officer Harry Kraemer told investors. Analysts surveyed by Thomson Financial had expected, on average, earnings of 43 cents a share.

Baxter keeps underestimating the competition from Bayer AG and CSL Ltd. in the U.S. market for products made from blood components, analysts said. Kraemer reduced 2003 sales forecasts for the second time in six months and also cut the profit target.

``Investors want predictability -- they want consistency and reliability,'' said David Gruber, managing partner at Apegasus Healthcare who's starting a hedge fund and owns Baxter shares himself. ``They aren't getting as much of that as they want.''

Shares of Baxter fell $5.72 to $21.55 as of 1:08 p.m. in New York Stock Exchange composite trading. Earlier, they dropped to $20.60, the biggest one-day decline since July 2002. The stock has lost almost two-thirds of its value in 12 months.

Prices Plummet

Baxter, based in the Chicago suburb of Deerfield, Illinois, said prices have dropped particularly for plasma proteins, proteins in the watery liquid that carries red and white blood cells. The proteins, which account for about 16 percent of Baxter's annual sales, are used to boost patients' immune systems and treat conditions such as burns and liver disease.

Prices for the protein solution albumin slumped more than 40 percent last year, while so-called immune globulin therapies saw a decline of more than 20 percent, Baxter said. And since the end of 2002, prices have dropped at least another 10 percent, Baxter officials said at a meeting with investors.

``By the end of last year, I was convinced it hit the bottom,'' said Thomas Glanzmann, president of Baxter's BioScience division. ``I was wrong.''

``It shows the management is struggling to get their arms around their business,'' said Michael Weinstein, an analyst at J.P. Morgan Chase & Co. with an ``overweight'' rating on Baxter. He doesn't own the stock. ``There hasn't been much credibility.''

Hemophilia Market

Baxter said devalued currencies in Latin America and Turkey have also hurt the company. In addition, it's facing more competition for medicines used to treat hemophiliacs, whose blood doesn't clot properly.

Bayer, Germany's biggest drugmaker, last year resolved a U.S. investigation of its manufacturing processes that had held up sales of its Kogenate hemophilia therapy. Baxter said wholesalers and clinics are now reducing inventories of some blood-clotting products because they're more confident that there will be a steady flow from manufacturers.

Baxter in October said percentage sales growth for 2003 would be in the ``low double digits,'' down from an earlier forecast of ``low teens.'' Today, the company predicted an increase in revenue of between 8 percent and 12 percent. First-quarter sales may rise as little as 5 percent, Baxter said.

Full-year net income will probably be between $2.10 and $2.20 a share, Baxter said. That's compared with the $2.22 to $2.29 the company estimated in January. Baxter is only releasing per-share estimates and not total profit figures, company spokeswoman Deborah Spak said.

`Bad Timing'

``It just seems to be that this is bad timing,'' said Michael Barr, an analyst at Victory Capital Management, which owns about 1 million Baxter shares. ``I don't think anybody foresaw the intensity of the pricing decline.''

Baxter also faces an investigation by the U.S. Justice Department over kidney-disease filters linked to 51 deaths. The U.S. attorney in Chicago issued a subpoena in late December, Baxter said. Kraemer said he couldn't speculate on the ramifications of the U.S. subpoena. Probes in other countries have been resolved, he said.

``All criminal investigations with Sweden, Spain and Croatia have been eliminated,'' Kraemer told investors in the meeting. ``We have settled with virtually all families in all countries. This is 99 percent behind us.''



To: afrayem onigwecher who wrote (11227)3/13/2003 3:19:28 PM
From: StockDung  Respond to of 19428
 
Baxter Says 1st-Qtr Earnings to Fall, Cuts Forecasts (Update5)
By Ambre Brown Morley

Deerfield, Illinois, March 13 (Bloomberg) -- Baxter International Inc., the world's biggest maker of treatments for blood diseases, said first-quarter earnings will drop because competition is pushing down prices for plasma products. The company's shares tumbled as much as 24 percent.

Net income will probably fall to between 36 and 38 cents a share from 41 cents in the same period of 2002, Chief Executive Officer Harry Kraemer told investors. Analysts surveyed by Thomson Financial had expected, on average, earnings of 43 cents a share.

Baxter keeps underestimating the competition from Bayer AG and CSL Ltd. in the U.S. market for products made from blood components, analysts said. Kraemer reduced 2003 sales forecasts for the second time in six months and also cut the profit target.

``Investors want predictability -- they want consistency and reliability,'' said David Gruber, managing partner at Apegasus Healthcare who's starting a hedge fund and owns Baxter shares himself. ``They aren't getting as much of that as they want.''

Shares of Baxter fell $5.72 to $21.55 as of 1:08 p.m. in New York Stock Exchange composite trading. Earlier, they dropped to $20.60, the biggest one-day decline since July 2002. The stock has lost almost two-thirds of its value in 12 months.

Prices Plummet

Baxter, based in the Chicago suburb of Deerfield, Illinois, said prices have dropped particularly for plasma proteins, proteins in the watery liquid that carries red and white blood cells. The proteins, which account for about 16 percent of Baxter's annual sales, are used to boost patients' immune systems and treat conditions such as burns and liver disease.

Prices for the protein solution albumin slumped more than 40 percent last year, while so-called immune globulin therapies saw a decline of more than 20 percent, Baxter said. And since the end of 2002, prices have dropped at least another 10 percent, Baxter officials said at a meeting with investors.

``By the end of last year, I was convinced it hit the bottom,'' said Thomas Glanzmann, president of Baxter's BioScience division. ``I was wrong.''

``It shows the management is struggling to get their arms around their business,'' said Michael Weinstein, an analyst at J.P. Morgan Chase & Co. with an ``overweight'' rating on Baxter. He doesn't own the stock. ``There hasn't been much credibility.''

Hemophilia Market

Baxter said devalued currencies in Latin America and Turkey have also hurt the company. In addition, it's facing more competition for medicines used to treat hemophiliacs, whose blood doesn't clot properly.

Bayer, Germany's biggest drugmaker, last year resolved a U.S. investigation of its manufacturing processes that had held up sales of its Kogenate hemophilia therapy. Baxter said wholesalers and clinics are now reducing inventories of some blood-clotting products because they're more confident that there will be a steady flow from manufacturers.

Baxter in October said percentage sales growth for 2003 would be in the ``low double digits,'' down from an earlier forecast of ``low teens.'' Today, the company predicted an increase in revenue of between 8 percent and 12 percent. First-quarter sales may rise as little as 5 percent, Baxter said.

Full-year net income will probably be between $2.10 and $2.20 a share, Baxter said. That's compared with the $2.22 to $2.29 the company estimated in January. Baxter is only releasing per-share estimates and not total profit figures, company spokeswoman Deborah Spak said.

`Bad Timing'

``It just seems to be that this is bad timing,'' said Michael Barr, an analyst at Victory Capital Management, which owns about 1 million Baxter shares. ``I don't think anybody foresaw the intensity of the pricing decline.''

Baxter also faces an investigation by the U.S. Justice Department over kidney-disease filters linked to 51 deaths. The U.S. attorney in Chicago issued a subpoena in late December, Baxter said. Kraemer said he couldn't speculate on the ramifications of the U.S. subpoena. Probes in other countries have been resolved, he said.

``All criminal investigations with Sweden, Spain and Croatia have been eliminated,'' Kraemer told investors in the meeting. ``We have settled with virtually all families in all countries. This is 99 percent behind us.''



To: afrayem onigwecher who wrote (11227)3/13/2003 5:33:30 PM
From: StockDung  Respond to of 19428
 
Tyco chairman vowed to clean the "crap" from the sprawling conglomerate
===========================================

Tyco to close 300 plants; CEO vows to clean house

By Tim McLaughlin

NEW YORK, March 13 (Reuters) - Tyco International Ltd. on Thursday said it would close 300 plants over three years, cutting $1 billion in costs by 2006, and its chairman vowed to clean the "crap" from the sprawling conglomerate after unearthing accounting problems in Europe and Asia.

Tyco's shares plunged 12 percent as investors realized Tyco's persistent accounting problems were not going away any time soon. Meanwhile, Tyco executives said the U.S. Internal Revenue Service is auditing the company's tax filings for 1997 through 2000. They said the audit was "nothing unusual."

Tyco Chairman Edward Breen's restructuring plan and fiery comments to investors in New York City came a day after Tyco cut its profit estimate for this year and fired the head of its fire and security unit because of accounting problems.

Breen said he was "pained" and "disgusted" by the company's latest difficulty.

"The goal for the year is to clean the crap up," Breen said. "If I find anything wrong, heads will roll."

Breen later told a group of journalists that more personnel changes could be coming as Tyco intensifies its audit of its fire and security division. Over the past two weeks, problems have surfaced in the unit's Asian and European operations.

Breen said the fire and security division, which includes ADT security alarms, has the weakest internal controls, by far, within Tyco. Allowances for doubtful accounts, inventory reserves and writing off equipment on canceled accounts were not done properly.

"We clearly missed it," Breen told reporters. Tyco said some of the issues are six years old.

Tyco Chief Financial Officer David FitzPatrick said there are "a lot of itty-bitty companies in fire and security." He also said Tyco's internal audit team is understaffed.

"It needs to be larger," FitzPatrick told reporters.

Tyco, which makes everything from duct tape to diapers,

said it would scale back its manufacturing facilities to 1,700 from 2,000 by 2006, slashing its manufacturing space by 20 million square feet.

SHARES FALL 12 PERCENT

Tyco shares fell $1.74, or 12.4 percent, to close at $12.29 in Thursday trade on the NYSE. It was the greatest percentage drop in Tyco shares since July.

"The market is really not taking any of the news well," said John Boland, an analyst at NL Capital Management, which owns about 500,000 Tyco shares. "I don't know how comfortable the market is with the radical makeover that's being detailed," Boland said.

To transform Tyco from an acquisition-hungry company to one that emphasizes lean operations, Breen must clean up Tyco's messy accounting and slash manufacturing space that ballooned under previous management.

Total job cut estimates were not immediately available, but Tyco said it expects the plan to save it $1 billion by 2006.

Tyco plans to generate revenue of up to $44 billion in 2006, up from an estimated $38 billion this fiscal year, which ends Sept. 30. Profit is expected to top $4.9 billion in 2006, up from about $3 billion this year.

The company has been embroiled in controversy for more than a year, beginning with a breakup plan engineered and then abandoned by its former chief executive, Dennis Kozlowski. Kozlowski abruptly quit in June and then was charged with evading sales tax on millions of dollars in art purchases. Later, he and three other senior leaders were charged with looting company coffers.

Breen, who took over last year, has been working to overhaul management and restore the company's tattered image with investors.

"Hopefully, there's not a lot of other things there," Breen said, adding that there could be more problems. "We've acted quickly here. We've taken five people out of fire and security during the past few days."

Tyco also found accounting problems in Asia, where four executives were fired.

The revelations came less than three months after Tyco released an internal accounting report by lawyer David Boies that detailed $382 million in errors. No significant fraud was found and the investigation report lifted Tyco's shares.

But the army of accountants and lawyers overseen by Boies apparently did not detect problems at Tyco's fire and security operations in Europe.


03/13/03 16:46 ET



To: afrayem onigwecher who wrote (11227)3/13/2003 5:36:31 PM
From: StockDung  Respond to of 19428
 
Computer Horizons Chief Indicted for Insider Trade

By Gail Appleson and Caroline Humer

NEW YORK (Reuters) - Technology services company Computer Horizons Corp.'s (CHRZ.O) top executive John Cassese was indicted on Thursday on charges of insider trading in shares of a competitor, U.S. officials said.

Cassese resigned as chairman and has taken a leave of absence from the posts of chief executive officer and president, Mountain Lakes, New Jersey-based Computer Horizons said in a statement.

The indictment, unsealed in U.S. District Court in Manhattan, charged Cassese with fraud and insider trading. It said the executive had acted "unlawfully, willfully and knowingly, directly and indirectly" in trading 15,000 shares of a rival technology services company called Data Processing Resources Corp.

According to the indictment, Cassese learned from Compuware Corp. (CPWR.O) that it planned to buy Data Processing Resources. He had been negotiating with Compuware on its potential purchase of Computer Horizons.

The government alleged that Cassese in June 1999 used that information as the basis for purchasing shares of Data Processing Resources. The Compuware/Data Processing deal was announced two days after he bought the shares, and Cassese then sold them for a profit of $150,927, the indictment alleged.

Cassese appeared before U.S. Magistrate Judge Andrew Peck in Manhattan Federal Court on Thursday afternoon and was released on a $500,000 personal recognizance bond.

His lawyer David Brodsky told reporters after the hearing that his client plans to plead not guilty and has taken a leave of absence to devote his attention to his defense. Cassese did not speak to reporters.

"John will rely on justice being done in this case and looks forward to his acquittal of these charges," Brodsky said. A pre-trial hearing was set for Monday afternoon.

Cassese's resignation comes about a year after he agreed to pay more than $300,000 to settle insider-trading allegations by the Securities and Exchange Commission related to the same transaction. In that settlement, he neither admitted nor denied any wrongdoing.

The company said Cassese decided to step down after learning that the Justice Department had obtained an indictment. The company first disclosed the inquiry by the U.S. Attorney's office in September.

Chief Financial Officer William Murphy was named acting president and CEO of Computer Horizons. Computer Horizons board member Thomas Berry was named chairman. Michael Shea, currently controller, was named acting CFO.

Computer Horizons shares fell 15 cents, or 5.28 percent, to $2.69 on Nasdaq. (Additional reporting by Gail Appleson)


03/13/03 16:44 ET



To: afrayem onigwecher who wrote (11227)3/13/2003 5:39:15 PM
From: StockDung  Read Replies (1) | Respond to of 19428
 
Symbol Tech says SEC may bring charges in probe

HOLTSVILLE, N.Y., March 13 (Reuters) - Symbol Technologies Inc. <SBL.N>, a maker of bar code scanners, on Thursday said the federal government may bring civil charges against it and a number of former employees in connection with an investigation into its accounting.

The company said in a statement that staff of the U.S. Securities and Exchange Commission had issued "Wells Notices," formal notices that staff will recommend civil charges be brought. As a result, it expects a delay in compeleting its previously announced restatement of several years of financial statements.

Symbol said it now expects to complete its restatement of results for 1999 through 2002 in June, when it files the annual report, instead of March 31 as it previously had expected. Symbol said it sees no change in the previously estimated scope of the restatement.

03/13/03 16:21 ET



To: afrayem onigwecher who wrote (11227)3/13/2003 7:11:25 PM
From: StockDung  Read Replies (1) | Respond to of 19428
 
Suburban company accused of fraud

By Paul Meincke

March 13, 2003 — Prosecutors filed fraud charges against five top officers in a suburban multi-media company. It's alleged that financial shenanigans cost a thousand jobs and robbed investors of millions.
Anicom Incorporated was a distributor of multi-media wire and cable products. While this building still wears its name, the company is gone, and with it 1200 hundred jobs. On Thursday Anicom's top five officers and a sixth employee were indicted in a fraud scheme accusing them of cooking the company's books.

"This corporate fraud perpetrated by Anicom's officers and senior managers was a scheme to manage the company's earnings, to make the company more attractive in an acquisition target," said Mary Keefe, Securities and Exchange Commission.

Anicom's President and CEO Carl Putnam, and chief financial officer Donald Welchko are charged with securities and bank fraud, making false statements to investigators. The company's chief operating officer, vice presidents of sales and accounting, and billing manager are all charged with of securities fraud. Prosecutors say they simply made up numbers--sales that never happened, earnings overstated, losses that were hidden.

"The clearest examples alleged are in 1998 the largest sale made by Anicom did not exist. In fact, in 1998 three of the 10 largest sales reported by Anaicom on the books did not happen," said Patrick Fitzgerald, U.S. attorney.

The fraud was so pervasive, prosecutors say, that the company Anicom listed as its best customer in 1999 is a made up name.

"The activity by this company was appalling people lost their jobs. People lost investments and banks lost money. And you know, again, it just gets down to corporate greed," said Thomas J. Kneir, FBI special agent in charge.

Shortly after Anicom declared bankruptcy two years ago, 1,200 people lost their jobs, investors lost an estimated $80 million-- among them the Wisconsin State Pension Board, which lost 23-million.



To: afrayem onigwecher who wrote (11227)3/13/2003 7:17:11 PM
From: StockDung  Read Replies (1) | Respond to of 19428
 
WorldCom Will Write Down Assets by $79.8 Billion (Update3)
By Dana Cimilluca

Clinton, Mississippi, March 13 (Bloomberg) -- WorldCom Inc. said it will write down $79.8 billion in assets, the most ever for a U.S. company, after waning demand reduced the value of its telecommunications networks.

WorldCom, which filed the largest U.S. bankruptcy last year, will write off all $45 billion of goodwill left over from acquisitions. It will reduce property, equipment and other assets by $34.8 billion to $10 billion, it said in a statement.

The size of the writedown -- more than twice the market value of General Motors Corp. and Ford Motor Co. combined -- reflects the plunge in telecommunications assets with the collapse of the technology-stock bubble in the past three years. WorldCom said last year it reported $9 billion in fictitious profits between 1999 and the first quarter of 2002.

The writedown ``reflects the failed business vision of the company, and the continued overcapacity and weakness in the whole telecom sector,'' said Rick Tilton of Greenacre Asset Advisors LLC, which advises creditors of bankrupt companies.

AOL Time Warner Inc., the world's biggest media company, wrote down the value of assets twice last year, first by $54.2 billion, then by $45.5 billion, for a total of $99.7 billion. Goodwill, the difference between an asset's purchase price and fair value, is carried on balance sheets as an intangible asset.

WorldCom had said it might write down assets, including all goodwill. Former Chief Executive Bernard Ebbers built the company into the No. 2 U.S. long-distance carrier through more than 60 acquisitions. He resigned under pressure from falling sales and stock prices in April, three months before the bankruptcy filing.

New CEO Michael Capellas is seeking to clean up the balance sheet and guide WorldCom out of Chapter 11 by the third quarter.

December Results

The Clinton, Mississippi-based company, which reports results monthly to a U.S. Bankruptcy Court, also said on its Internet site it had a net loss from continuing operations of $584 million in December, compared with a net loss of $194 million on that basis in November.

WorldCom said its net loss from continuing operations, before reorganization items, was $47 million in December. It had operating income from continuing operations of $43 million, according to the statement, compared with a loss on that basis of $163 million in November. December sales were $2.2 billion, the same as in the preceding month.

The company increased its cash by $200 million in December, ending the month with $2.5 billion. The results don't include WorldCom's Embratel Participacoes SA Brazilian unit.

All reported results are subject to a final audit, WorldCom said. It won't release a balance sheet or cash flow statement until it completes a final evaluation.

WorldCom's bonds traded at 25 cents on the dollar before the announcement, up from 23 cents yesterday, traders said.

Criminal Case

A criminal case is pending against former WorldCom Chief Financial Officer Scott Sullivan, who has pleaded not guilty to securities-fraud charges related to the accounting misstatements. Four other former WorldCom executives pleaded guilty to criminal charges and are cooperating with prosecutors.

The company disclosed in June that $3.85 billion in line costs were treated as capitalized expenses in 2001 and the first quarter of 2002, masking losses. It has since said accounting errors could exceed $9 billion.

A report on the company's past accounting, prepared for WorldCom's board by William McLucas of law firm Wilmer Cutler & Pickering, may show through a voice mail that Ebbers knew about the accounting fraud, a person who has seen the document said yesterday. Ebbers has denied any wrongdoing and hasn't been charged with a crime.

WorldCom in November settled a civil fraud case with the U.S. Securities and Exchange Commission.