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The Corporate Scandal Sheet

last updated in August

see references

Corporation/CEO Scandal Investigations Auditor Election Cycle 2002 Contributions (from corporation; from CEO) CEO Compensations Other

Adelphia Communications/ John Rigas (quit) Under investigations by the SEC and two federal grand juries for multibillion dollar, off-balance-sheet loans to its founders, the Rigas family. Former CEO Rigas, his son and former CFO Timothy Rigas were arrested for securities fraud. SEC, 2 federal grand juries and an internal investigation. (legal action) Deloitte & Touche LLP to Democrats: $1,500; $0 CEO; to Republicans: $25,050; $52,250 CEO $1.4 M salary stock drop since 1/14/00:
-99.75%

AES/ Dennis W. Bakke Use of secured equity-linked loans (SELL) that grossly inflated revenues and bolstered stock prices. These loans are not carried on the company expense sheets, since they are paid back by issuing stocks--further diluting value and ownership of company.   Deloitte & Touche LLP data not available potential value of FYE options: $9,520,000 posted $445M loss so far this year

AOL Time Warner/ Robert Pittman Accused of erroneously inflating advertisement revenue to keep stock prices inflated assuring greater stock price through mega-merger with Time Warner. (article) Class action lawsuit, SEC, DOJ
Ernst & Young LLP to Democrats: $649,847; to Republicans: $114,678; CEO info not available $1,904,347; potential value of FYE options: $66,578,750 stock down 59% in 2002, stock at 52-week low

Arthur Andersen LLP/ Joseph Berardino (quit); Company found guilty of obstruction of justice; David B Duncan, former partner, accused of ordering the destruction of Enron-related papers, plead guilty to obstruction of justice Obstructed justice in the Enron investigation. Other scandals include: 1. WorldCom (3.9 billion in hidden expenses), 2. Boston Market Trustee Corp (Agreed to pay $10.3M to in suit claiming a façade of corporate solvency), 3. Baptist Foundation of Arizona ($217M settlement), 4. Department 66 ($11M settlement), 5. Sunbeam ($110M settlement), 6. Colonial Reality ($90M settlement), 7. Waste Management ($75M settlement) SEC investigation, DOJ investigation. NA to Democrats: $177,221; CEO information not available; to Republicans: $413,517; CEO information not available More than $1 M in salary alone  

Bristol Myers/ Fred Schiff (resigned); Peter Dolan Accused of purposefully inflating sales by offering incentives to wholesalers--including warnings that it planned to raise prices--in order to meet last year's revenue expectations. SEC investigation. Pricewaterhouse Coopers LLP to Democrats: $216,341; $1,000 CEO; to Republicans: $1,136,262; $11,500 CEO   lowest stock price since 1996

Cendant/ Henry Silverman Paid $2.83B to shareholders after internal audits revealed CUC Intl. (which merged with HFS to form Cendant) inflated income by $500M through fraud and accounting errors.   Deloitte & Touche LLP to Democrats: $10,000; CEO information not available; to Republicans: $0; CEO information not available $40,056,773 in salary options and bonus  

Citigroup/ Sanford I. Weill Congressional investigators testified that CITIgroup helped Enron Corp and others set up "sham" transactions to alter their finances. These transactions included loans that allowed Enron to hide nearly $4B of debt. Senate Committee on Government Affairs. KPMG LLP to Democrats: $618,545; $3,027 CEO; to Republicans: $756,000; $2,379 CEO $26,694,959 in total compensation stock down 48% this year

CMS Energy/ William T. McCormick Jr.,CEO (resigned); Rodger Kershner, general counsel and senior vice-president (resigned) Disclosed it overstated revenue by nearly $4.4B in 2000 and 2001 by using artificial "round trip" energy trades Class action lawsuit.SEC, CTFC, US Attorney's Office in Houston and NY Arthur Andersen LLP to Democrats: $122,775; $1,000 CEO; to Republicans:$169,890; $0 CEO $1,100,000 total compensation number of lost jobs: 50; stock drop since 1/14/00:
-56.78%

Computer Associates/ Charles Wang Agreed to a $638,000 penalty in April to settle charges with the Justice Department that it violated pre-merger rules after announcing it would acquire Platinum Technology Inc. SEC investigation. KPMG LLP to Democrats: $19,250; $1,000 CEO; to Republicans: $108,450; $0 CEO $1.03M salary, options, grants stock drop since 1/14/00:
-73.58%

Cornell Companies Inc./ Steven W. Logan (removed) Pending Class action suit claims Cornell and its officials of making misleading statements on behalf of shareholders. Arthur Andersen questions "unusual $3.7M retainer" to Lehman Bros Holdings Inc. Class action lawsuit. Arthur Andersen LLP information not available $505,000 total compensation stock down over 50%

Dollar General/ Cal Turner Shares dropped 13% following reduced earnings report for last 2 years of nearly $200M; Took a fourth quarter charge of $162M to settle shareholder suits over accounting missteps. Settled litigation. Ernst & Young LLP to Democrats: Corporate information not available; $0 CEO; to Republicans: Corporate information not available; $7,500 CEO    

Duke Energy/ R. Priory Investigations into "round trip" energy trades with other energy producers to inflate volumes and revenues. These falsified trades added $1B to revenues over three years. SEC, the Commodity Futures Trading Commission and CA state regulators and attorney general class action lawsuit. Deloitte & Touche LLP to Democrats: $91,575; $0 CEO; to Republicans: $289,989; $1,000 CEO $8,831,475 in total compensation including stock option grants.  

Dynegy/ Chuck Watson (ousted) Tried to merge with Enron; target of several federal probes into alleged sham trades aimed at artificially pumping up revenue and volume. Dynegy’s longtime chief executive, Chuck Watson, resigned in May, and it has announced a major restructuring. SEC, the Commodity Futures Trading Commission and CA state regulators and attorney general. Arthur Andersen LLP to Democrats: $55,101; CEO information not available; to Republicans: $102,330; CEO information not available $1.5M salary, $5M bonus, 1.5M options stock drop since 1/14/00:
-64.97%

El Paso/ William Wise Identified 125 "round trip" trades used to bolster revenues and market share. SEC, CFTC, Houston US Attorney's office Deloitte & Touche LLP to Democrats: $0; $0 CEO; to Republicans: $277,569; $8,558 CEO $39,286,780 salary stock option grants  

Enron/ Ken Lay (left company) Once the nation’s largest energy trader, collapsed into the largest-ever U.S. bankruptcy on Dec. 2 amid an investigation surrounding off-the-book partnerships that were allegedly used to hide debt and inflate profits. SEC and DOJ investigations; team of attorneys representing investors and employees in civil lawsuits; Senate Committee on Government Affairs. Arthur Andersen LLP to Democrats: $158,390; $0 CEO; to Republicans: $411,860; $13,710 CEO $67.4M salary and bonus, $70M in loans stock drop since 1/14/00:
-99.80% layoffs: 6,100

General Electric Corporation/Jack Welch (retired); Jeffrey Immelt 1. GE Capital is a primary financial backer to WorlCom, providing a financial crutch to the corporation that would go on to file the largest bankruptcy claim in the history of the US; 2. Largest corporation to lack an independent board; 3. 77% of GE's 401k's was invested in company stock as of 2001; 4. GE paid its independent auditor 3 times as much for non-audit fees in 2000 Congressional inquiry into the lending practices of JP Morgan and Citigroup, both of which were partners with GE in lending to WorldCom KPMG LLP to Democrats: $170,859; $1,000 from former CEO Welch; to Republicans: $341,718; $10,500 CEO; $1,000 from former CEO Welch former CEO Welch: total compensation $18,893,720; CEO Immelt: compensation $6,592,771; potential value of FYE options $30,936,585 stock down 38% on the year

Global Crossing/Leo Hindery, Gary Winnick Faces probes by the SEC and the FBI regarding its accounting practice and for allegedly engaging in network capacity swaps with other telecommunications firms to inflate revenue; CEO acknowledges that Global Crossing's actions "may in some fashion misled the market." NYT 3/22/02 SEC, DOJ; pending class action lawsuit; over 60 investor fraud lawsuits in total. Arthur Andersen LLP to Democrats: $754,716; $312,000 CEO; to Republicans: $429,204; $0 CEO   stock drop since 1/14/00:
-99.87%

Halliburton/ Dave Lesar Whether it improperly recorded revenue from cost overruns on big construction jobs SEC Arthur Andersen LLP to Democrats: $9,000; CEO information not available; to Republicans: $70,950; CEO information not available   stock drop since 1/14/00:
-56.51%

HPL Technologies, Inc./David Lepejian (former CEO, founder) Facing charges that corrupt accouting practices inflated stock prices following IPO, allowing executives to sell 85,500 shares at inflated prices. Also facing charges of violating Security Exchange Act of 1934. Company expects to restate profits for 2001 and 2002. Class action lawsuit pending. Pricewaterhouse Coopers LLP data not available $184,046 total compensation Company stock halted on NASDAQ since 7/26/02 following 72% drop

IM Clone Systems Inc./ Samuel Waskal (arrested) Charged with insider trading Under investigation by a congressional committee to determine if it correctly informed investors that the U.S. Food and Drug Administration had declined to accept for review its experimental cancer drug; Samuel Waksal, former chief executive of ImClone, was arrested June 12 on insider trading charges. SEC, DOJ, Congressional litigation. Pending class action lawsuit. KPMG LLP to Democrats: $17,000; CEO information not available; to Republicans: $0; CEO information not available $550,000 salary, $450,000 bonus, 1.2M options stock drop since 1/14/00:
-52.34%

JP Morgan Chase & Co./ William B. Harrison Congressional investigators testified that JP Morgan Chase helped Enron Corp and others set up "sham" transactions to alter their finances. These transactions included loans that allowed Enron to hide nearly $4B of debt. Senate Committee on Government Affairs. Pricewaterhouse Coopers LLP to Democrats: $260,830; $2,000 CEO; to Republicans: $204,938; $0 CEO $17,149,013 in total compensation  

Kmart/ Charles Conaway SEC investigating accounting and other practices. The company investigated whether it improperly accounted for vendor allowances and since changed its practices. SEC, and internal investigations headed by Skadden, Arps, Slate Meagher & Flom Law firm. (legal action) Pricewaterhouse Coopers LLP to Democrats: $136,000; CEO information not available; to Republicans: $244,942; CEO information not available $1,375,000; potential value of FYE options: $4,031,498 stock drop since 1/14/00:
-91.02%

KPMG/ Michael J. Donahue SEC alleges accounting missteps by KPMG that allowed Xerox to post knowingly erroneous profits/earnings SEC investigations (1, 2). NA to Democrats: $0; to Republicans: $136,675    

Lucent Technologies/ Henry Schact Adjusted 2000 revenues by $679 million, spurring SEC investigation. Also investigating whether vendor- financing played an improper role in sales.   Pricewaterhouse Coopers LLP to Democrats: $39,550; to Republicans: $43,090 $21.56M salary, grant options stock drop since 1/14/00:
-93.39%

Martha Stewart Living Omnimedia/ Martha Stewart Accused of insider trading obstruction of justice and providing false statements to the SEC Stewart is under investigation for possible insider trading, obstruction of justice and making false statements in IM Clone investigation.   Arthur Andersen LLP to Democrats: information not available;$36,000 CEO; to Republicans: information not available; $0 CEO $900,000 salary, $1.16M bonus $647,737 other  

Merck & Co/ Raymond Gilmartin Recorded $12.4B in revenue from the company's pharmacy-benefits unit over the past three years that the subsidiary, Medco, never actually collected. Shareholder lawsuits alleging that Merck falsely inflated revenue by including retail co-payments. Arthur Andersen LLP to Democrats: $81,020; $0 CEO; to Republicans: $271,242; $25,000 CEO $28,024,762 total compensation  

Merrill Lynch & Co/ David H. Komansky Agreed to $100M settlement with NYS Attorney General regarding charges it tailored stock research to win investment banking business. Suspended 2 employees including Martha Stewart's broker after an internal probe relating to sale of IMClone shares. SEC; NY State Attorney General focusing on securing a $100M settlement after accusing Merrill Lynch of "hyping" stocks to win business for its banking unit Deloitte & Touche LLP to Democrats: $1,000; $2,000 CEO; to Republicans: $50,000; $0 CEO $16,127,527 total compensation  

MicroStrategy/ Michael J. Saylor Settled without admitting wrongdoing an SEC suit accusing it of backdating sales contracts to meet quarterly financial estimates and other improper revenue recognition practices.   Pricewaterhouse Coopers LLP to Democrats: $1,000; CEO information not available; to Republicans: $1,000; CEO information not available $150,000 stock drop since 1/14/00:
-99.07%

Network Associates/ George Samenuk Investigations regarding whether it hid expenses and overstated revenue from 1998 to 2000. SEC, NY attorney general's office Coopers & Lybrand LLP to Democrats: $400; $1000 CEO; to Republicans: $500; $0 CEO   stock drop since 1/14/00:
-28.25%

Peregrine Systems/ Stephen P. Gardener (left) The SEC is investigating the overstatement of revenues after the software company restated results on reports that sales were inflated by $100M in three years. SEC KPMG LLP (switched from Arthur Andersen LLP) Information not available $854,237  

Phar-Mor/ Abbey Butler and Melvyn Estrin In restated first quarter results, Phar-Mor is taking a $2.4 million charge to write down the value of its entire investment in Chemlink. Co-CEO's pursue over $320,000 in bonus pay during bankruptcy hearings. Auditor Pricewater House Cooper missed signs of fraud.   Pricewaterhouse Coopers LLP Information not available Butler: $525,439; Estrin: $525,439  

PNC Financial Services/ James E. Rohr Restated its 2001 results by $155 million after regulators raised concerns about how PNC accounted for a transfer of loans. Class action lawsuit, SEC investigation Ernst & Young LLP to Democrats: $18,200; CEO information not available; to Republicans: $47,500; CEO information not available $1.97M salary; $1.17M bonus  

Pricewaterhouse Coopers/ Sam DiPiazza Accounting scandals include:
1. Phar-Mor: overestimation of profits; 2. Gazprom: suits over false and misleading statements; 3. Pinnacle Holdings: accounting violations; 4. Avon Products: accounting violations; 5. PwC Securities: independence standards
SEC investigations: settled 3 investigations involving Pinnacle Holdings, Avon and PwC Securities with SEC with $5 million fine. NA to Democrats: $129,826;CEO information not available; to Republicans: $633,860;CEO information not available    

Qwest Communications/ Joseph P. Nacchio (quit) Under investigations to determine if it inflated revenue for 2000 and 2001 through capacity swaps and equipment sales SEC investigations.
DOJ, FBI, Denver US Attorney's office
Arthur Andersen LLP to Democrats: $247,681; $0 CEO; to Republicans: $394,514; $2000 CEO $1.17M salary, $1.15M bonus 7.25M options stock drop since 1/14/00:
-88.35%

Reliant Energy/ R. Steve Letbetter Admitted it inflated revenue by counting artificial "round trip" energy trades. Under SEC investigation for into accounting matters and energy trades relating to restatement of profits. SEC, CFTC Deloitte & Touche LLP to Democrats: $78,550; CEO info not available; to Republicans: $217,672; CEO information not available $5,543,555; potential value of FYE options: $2,028,120 number of lost jobs: 50

Rite Aid/ Robret G. Miller Indicted for fraud after it inflated profits by $1.6B from 1997-1999. Scandal missed by auditor KPMG which resigns as auditor for company. SEC Deloitte & Touche LLP Information not available $8,504,149; potential value of FYE options: $582,879  

Sunbeam/ Al Dunlap (ousted) SEC files accounting fraud suit against 4 executives. Executive Albert J. Dunlap settles for $15M. Auditor Arthur Anderson settles shareholder suit for $110M.   Arthur Andersen LLP Information not available $2,701,511; potential value of FYE options: $806,462  

Tyco Intl. Ltd./ L. Dennis Kozlowski (quit and indicted on 11 felony counts) Under investigation into whether executives used corporate cash to buy art and a home. Tyco’s former chairman, Dennis Kozlowski, resigned June 3, a day before being indicted for evading about $1 million in sales taxes from art purchases. Accused of improperly creating "cookie jar" reserves that were supposed to cover merger costs but instead were drawn on to boost profits; and improperly "spring loaded" earnings from acquisitions by accelerating their pre-merger outlays. SEC, Manhattan District Attorney's office and company's internal investigation. (legal action) Pricewaterhouse Coopers: collected $37.9 million in consulting fees in 2001 to Democrats: $64,500; CEO information not available; to Republicans: $233,872; CEO information not available $1.65M salary, $4M bonus, $30.4 restricted stock awards 1.4M options stock drop since 1/14/00:
-55.15% layoffs: 11,000

Vivendi Universal/ John-Marie Messier (forced to quit) May incur $1.1B charge as the result of off-balance sheet accounting. Attempted to add $1.5B in net profit in deal relating to sale of British Sky Broadcasting Group PLC (MSNBC 7/02/02). Moody's relegated Vivendi's credit rating to "junk bond status" (NYTimes 7/02/02) Class action lawsuit. Gutierrez & Co. to Democrats: $126,574; CEO information not available; to Republicans: $79,000; CEO information not available    

Waste Management/ Maurice Myers Overstated income from 1992-1996 by more than $1B Anderson pays $7M fine to SEC for issuing false and misleading reports as well as part of $229M shareholder settlement.   Arthur Andersen LLP to Democrats: $0; CEO information not available; to Republicans: $117,300; CEO information not available $1,451,979; potential value of FYE options: $4,529,928  

WorldCom Inc./ Bernard Ebbers (quit; under fire for borrowing $408M from WorldCom to cover margin calls), John Sidgmore Hid $3.85 billion in expenses, allowing it to post net income of $1.38 billion in 2001, instead of a loss. Charged with fraud by SEC. NY State pension fund files $300M suit SEC investigation; NY State Comptroller filed a motion in Federal District Court saying NY state pension fund lost more than $300M because of fall in stock price; House Financial Services Committee subponea 4 executives to testify, and all take the fifth. Arthur Andersen LLP to Democrats: $508,625; CEO information not available; to Republicans: $510,055; CEO information not available $1M salary, 1.2M shares number of lost jobs: 17000 stock drop since 1/14/00:
-96.90%

Xerox/ Rick Thoman Xerox said June 28 it would restate five years of results to reclassify more than $6 billion in revenues. In April, the company settled charges that it used “accounting tricks” to defraud investors. SEC investigation KPMG LLP to Democrats: $27,950; CEO information not available; to Republicans: $29,575; CEO information not available $1.25M (2000 Salary and bonus for CEO Paul Allaire) Allaire also sold $16M in stock before earnings were recalculated and shares fell nearly 80% (NYTimes 4/7/02). number of lost jobs:1500 stock drop since 1/14/00:
-67.53%
 

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