Legal issues

Tax

Enron's Skilling Indicted for Fraud, Pleads Not Guilty

Former Enron chief executive Jeffrey Skilling surrendered to the FBI in Houston Thursday, accused of fraud, insider trading and lying about the company’s finances in a 42-count criminal indictment.Skilling, 50, is the highest ranking former executive to be charged in the implosion of the once-formidable energy giant. After surrendering, Skilling was taken in handcuffs to the federal courthouse, where an arraignment hearing was held.
Tax

SEC Charges Enron's Skilling With Fraud, Seeks Disgorgement of all ill-gotten Gains

The Securities and Exchange Commission announced on Thursday of this week that it has charged Jeffrey K. Skilling, Enron Corp.'s former President, Chief Executive Officer and Chief Operating Officer, with violating, and aiding and abetting violations of, the antifraud, lying to auditors, periodic reporting, books and records, and internal controls provisions of the federal securities laws. The charges, which amend the Commission's Complaint filed against Richard A. Causey, Enron's former Chief Accounting Officer, in U.S.
Tax

Sham Site's a Scam: There Is No 'National Do Not E-mail Registry'

Have you submitted your e-mail address to a "National Do Not E-mail Registry" that promises to reduce the amount of spam (unsolicited e-mail) you receive? If so, you are the victim of a scam, according to the Federal Trade Commission, the nation’s consumer protection agency.The Web site at "unsub.us" mimics the language, look, and navigation of the Web site for the National Do Not Call Registry, a legitimate free service of the federal government. The unsub.us site is not run or authorized by the FTC.
Tax

Criminal Charges Against Enron’s Skilling Expected Soon

A criminal indictment against former Enron chief executive Jeffrey Skilling is expected to be handed up sometime this month, sources close to the case say.Two sources, who spoke to the Houston Chronicle last week on condition of anonymity, said federal prosecutors were finalizing criminal charges against Skilling. Specific charges were not known, but the sources said that the Department of Justice investigation has heated up in recent weeks and that information provided by former finance chief Andrew S.
A&A

Firms to Pay Over $21.5 Million in Penalties to Settle SEC, NASD Charges

The Securities and Exchange Commission (SEC) and NASD announced this week enforcement and disciplinary actions against a total of 15 firms for failure to deliver mutual fund breakpoint discounts during 2001 and 2002. Breakpoint discounts are volume discounts applicable to front-end sales charges on Class A mutual fund shares (front-end loads). SEC and NASD each brought cases against a group of 7 firms, and NASD separately brought actions against the other 8 firms.
A&A

FASB Confirms Existing Rules on Medicare Accounting

The Financial Accounting Standards Board (FASB) on Wednesday cleared up some of the confusion surrounding accounting for the effects of the new Medicare law.The Medicare Act, signed into law in December, has sparked not only political arguments but also an accounting debate over how companies should book the amount of federal subsidy they expect to receive in their financial statements.FASB’s Wednesday vote confirmed that existing rules governing post-retirement benefit costs should be used.
Tax

IRS, States Move Forward in Fight Against Abusive Tax Avoidance

Internal Revenue Service officials announced this week that they will begin sharing leads on more than 20,000 taxpayers engaged in abusive tax avoidance with tax agencies in 45 states, the District of Columbia and New York City. The IRS also announced the latest results of another effort to combat abusive tax avoidance, the Offshore Voluntary Compliance Initiative (OVCI).The sharing of leads was the first large transfer of information under the terms of the new IRS-state partnership unveiled in September.
A&A

Massachusetts Financial Strikes Tentative Deal with Regulators

Boston-based Massachusetts Financial Services Co. reached a tentative settlement last week with regulators whereby it will pay pay $225 million in penalties and cut its management fees by $125 million, according to people familiar with the talks, the Wall Street Journal reported.This would mark the second-largest penalty levied in the ongoing mutual fund investigations. MSF is a subsidiary of Sun Life Financial Services of Canada Inc.

HealthSouth Probe Now Includes Possible Kickbacks

The Justice Department is now looking into whether HealthSouth officials offered bribes in an attempt to secure business in Saudi Arabia, which would be a violation of federal laws that prohibit such payments to secure business oversees.Specifically, federal prosecutors are investigating a deal signed in 2000 by HealthSouth to manage a 400-bed rehabilitative hospital outside of Riyadh, Saudi Arabia.

Exxon Mobil Ordered to Pay $6.75 Billion in Valdez Case

The oil spilled more than 14 years ago, but the fallout continues. A federal judge has ordered Exxon Mobil to pay $4.5 billion in punitive damages and $2.25 billion in interest in relation to the Exxon Valdez oil tanker spill that severely damaged the Alaskan environment. Exxon Mobil, the largest publicly traded oil company in the world, will most likely appeal the decision, a company lawyer told Reuters, but no official word came from the company yesterday. The punitive number was once $5 billion but was reduced to $4 billion and now stands at $4.5 billion by U.S.
Tax

Grassley Okays GAO Investigation into CPA Firm Tax Shelter Transactions

In 2002, Sen. Chuck Grassley, chairman of the Committee on Finance, tried to amend the Sarbanes-Oxley accounting standards improvement bill to prohibit public auditors from rendering an audit opinion on the financial statement effects of any tax shelter arrangements that the auditing firm sells to an audit client. The initiative was meant to target shelters that have the potential to manipulate financial statement results, such as overstating profits or understating liabilities. Other senators blocked Grassley from offering his amendment.
Tax

ChevronTexaco Seeks $118 Million Refund Check from IRS

The ChevronTexaco Corp. says Texaco Inc. overpaid its federal income taxes and is suing the Internal Revenue Service for a $118.6 million refund.Texaco, which was bought by Chevron to form ChevronTexaco in 2001, said in court papers that it should have received tax deductions for some settlement payments it made under a 1988 consent order. The order settled the U.S. Department of Energy’s claim that Texaco had charged more for crude petroleum and refined petroleum products than federal price regulations allowed from 1973 to 1981.The lawsuit, filed Friday in U.S.
A&A

Trader Testifies About Being Beaten at Mutual Fund Hearing

In a hearing before a Senate subcommittee considering legislation already passed by the House that aims to clean up the mutual fund industry, heard from one former trader who claims he was beaten with a brick after shining the light on abuses within his firm, Putnam Investments.Putnam has slipped from No. 5 to No.
Technology

Congress, Wireless Industry Working on Cell Phone Directory

Who hasn’t been in desperate need of someone’s cell phone number and cursed the lack of cell phone directory assistance? The wireless industry and Congress are debating the logistics and expect to soon have a directory available.Congress is focusing its attention on privacy issues with legislation pending that would require cell phone users to "opt in" to the directory and would prevent the industry from collecting the "unlisted" charges people pay to keep their land line numbers private.
Community News

Tyco Planning to Change Auditors, Out With PwC

Tyco International Ltd. will ask its shareholders to approve a change of auditors at its March 25 annual meeting, replacing long-time auditors PricewaterhouseCoopers with Deloitte & Touche LLP.Pending the board’s approval, PricewaterhouseCoopers’s resignation would become effective as of the filing of Tyco’s financial statement for the quarter ended Dec.
A&A

2003 a Record Year for Investor Claims Against Brokers

Investors filed more formal grievances against their brokers in 2003 than any other year, and the amount of damages they won nearly tied a 1998 record.The National Association of Securities Dealers (NASD) received 8,945 cases in 2003, which is 16 percent more than the year prior.
Tax

WorldCom May be Able to Sue KPMG, Citigroup

Already under investigation by the Internal Revenue Service (IRS) for recommending questionable tax shelters, KPMG LLP could now face a lawsuit by WorldCom over what a report called "flawed advice."U.S. Bankruptcy Judge Arthur Gonzalez ordered the report by former U.S. Attorney General Richard Thornburgh, who delivered what some are calling a roadmap whereby WorldCom could potentially sue KPMG and Citigroup.
Tax

Freddie Mac to Spend $200 Million to Address Accounting Issues

Freddie Mac officials testified before the House Financial Services subcommittee on government-sponsored enterprises and let lawmakers know that the agency expects to spend upwards of $200 million to correct accounting problems that led to a $5 billion restatement of earnings last year.Freddie Mac, the nation’s No. 2 mortgage finance company, replaced its top three executives last June in the wake of an accounting investigation.

SEC Goes After Deadbeats; Considers New Fee Structure

The Securities and Exchange Commission (SEC) has set up a new unit to collect millions of dollars in unpaid fines.A team of three lawyers has been hired to find hidden money and get court orders to enforce judgements.
Technology

IT Departments Failing to Take E-mail Archiving Seriously

Over 52 percent of organizations using Microsoft Exchange are not archiving e-mail -- and another 28 percent don't plan to archive, according to a survey by C2C Systems and Osterman Research, a market research firm that helps organizations understand the markets for messaging, directory and related products and services. The C2C/Osterman survey found that only 19 percent of companies were using an e-mail archiving system with indexing, search and retrieval features.

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