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Corporate Crisis Update. Carolyn Hotchkiss and Eli Bortman Babson College Updated September 2005. David Duncan pled guilty to obstruction of justice in shredding Enron Documents. Sentencing deferred until he testifies in other cases. - PowerPoint PPT Presentation
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Corporate Crisis Update
Carolyn Hotchkiss and Eli Bortman
Babson College
Updated September 2005
David Duncan pled guilty to obstruction of justice in shredding Enron Documents. Sentencing deferred until he testifies in other cases.
Arthur Andersen convicted by jury of obstruction of justice in Enron case in 2002, sentenced to 5 yrs probation and $500,000 fine. Conviction overturned by US Supreme Court in May 2005
Andersen surrendered all licenses to practice accountancy, but faced multimillion dollar lawsuits from investors and former clients. Out of business.
Andersen Partner David Duncan
John and Timothy Rigas were convicted in June, 2005 of fraud and looting the company. Sentenced to 15 and 20 years. (Out on bail pending appeals.) Rigases forfeit $1.5 billion in deal to settle civil cases.
Investors lose $60 billion Company declares bankruptcy in
2002, assets are sold to Comcast and Time Warner June 2005
John Rigas
Michael Rigas
Insider Trading: Did Waksal tip off members of his family and Martha Stewart about FDA rejection of new drug Erbitux?
ImClone Founder Sam Waksal pled guilty to six counts of fraud, perjury, conspiracy. Sentenced to 7 years in prison and fined $4.3 million.
Faneuil pled guilty to accepting gifts for silence.
Martha Stewart served 5 months in prison, 5 months of house arrest, for lying to investigators. Had to resign from NYSE board.
Baconovic also got 5 months in prison.
Dr. Samuel Waksal
Broker’s Assistant Douglas Faneuil
Broker Peter Baconovic
Martha Stewart
CEO Dennis Kozlowski charged with evading $1 million in sales tax on art works purchased. Case still pending.
Kozlowski and CFO Mark Swartz were convicted in NY court of grand theft -- looting the company of over $150 million.
Kozlowski must repay $167 million, Swartz, $72 million.
Suit by Tyco and shareholders against them for damages also pending.
Former CEO Dennis Kozlowski
Renoir’s “Fleurs et Fruits”
CFO Andrew Fastow indicted on 78 counts of fraud, money laundering, obstruction of justice. Plea bargain – 10 years in prison, and must testify in trials of other Enron defendants.
Lea Fastow served 1 year for tax fraud.
Ken Lay and Jeff Skillings are scheduled for trial in 2006
CFO Andrew Fastow
Former CEO Ken Lay
CEO Jeff Skillings
$ 2.4 billion -- Canadian Imperial Bank of Commerce
$ 2.2 billion -- JPMorgan Chase $ 2 billion – Citigroup $ 222.5 million --Lehman Bros. $ 69 million -- Bank of America $ 168 million -- Enron's outside
directors.
Enron civil suits settled, so far, against the following defendants …………
WCOM announced revised $9b restatement of earnings
Myers pled guilty to fraud, got 1 year. Ebbers was convicted in July 2005, sentenced to
25 years, is free pending appeal Scott Sullivan pled guilty, testified against
Ebbers, got 5 years. WCOM declared bankruptcy, reorganized in
Chapter XI, changed name to MCI, was acquired by Verizon.
Bernie Ebbers
CFO Scott Sullivan
Controller David Myers
Nov. 2004 – Citigroup $2.6 billion
Sept. 2005 – J.P. Morgan Chase $2.0 billion, Deutsche Bank, $325 million; Andersen, $65 million; former directors, $55 million; Ebbers, $45 million.
Worldcom Investors’ suits --- $6.1 billion in settlements approved by court:
Bondholders will recover $426 per $1000Stockholders will recover $0.56 per share
Involvement with Enron and WorldCom-setting up sham transactions
Investigation for “spinning IPOs”-giving special deals to CEOs in return for investment banking business
Stock analysis manipulated for Boardroom struggles? Investment banking
business? Nursery school admission?
Analyst Jack Grubman
THE TIP OF THE ICEBERG?
Energy
Telecoms and Media
Financial Services