Regulation & Compliance: Page 130


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    Paging Rose Mary Woods: Andersen Destroyed Enron Docs

    Now here’s a first.In a truly bizarre twist to the Enron debacle, audit firm Andersen yesterday reported it had notified the SEC and the Department of Justice that employees disposed of “a significant but undetermined” number of electronic and paper documents relating to its audit of the now-bank...

    By Stephen Taub • Jan. 11, 2002
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    A Graham of Prevention

    John D. Graham isn’t a well-known Bush Administration official, even inside the Beltway. But CFOs ought to acquaint themselves with this bureaucrat in the Office of Management and Budget (OMB), since he is responsible for making sure federal regulations don’t impose too great a burden on business...

    By Stephen Barr • Jan. 1, 2002
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    In 2002, Disclosure In, Employee Ownership Out

    Warning to CFOs: Institutional investors are most concerned about corporate governance and disclosure issues.That’s the clear message coming from a survey of U.S. institutional investors conducted recently by Broadgate Consultants, Inc., an international corporate and capital markets communicatio...

    By Stephen Taub • Dec. 26, 2001
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    Planes, Yes, Insurance, No

    When the major U.S. airlines secured financial aid from Congress following the Sept. 11 attacks, it seemed like a lock that the insurance industry would also receive some sort of government help. The expectation: Congress would guarantee all 9/11-related claims above a specific dollar amount.Appa...

    By Stephen Taub • Dec. 21, 2001
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    Found: One Former CFO

    Andrew Fastow, the ex-CFO of Enron Corp. who was being sought out by the Securities and Exchange Commission and a few congressional committees, resurfaced Wednesday at a New York City news conference. Fastow, who was rumored to have fled the country, appeared with attorney David Boies. “This is n...

    By Stephen Taub • Dec. 13, 2001
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    Forensic Detectives Back on the Case

    Fraud DetectivesThe first known accountants were pairs of scribes who independently recorded daily transactions for the pharaohs of ancient Egypt. If their numbers didn’t match at the end of the day, explains Joseph T. Wells, chairman of the Association of Certified Fraud Examiners (ACFE), both w...

    By Tim Reason • Dec. 13, 2001
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    Where in the World is Andrew Fastow?

    Will he show?Apparently, that seems to be the big question surrounding former Enron CFO Andrew Fastow as a congressional panel kicks off hearings today. The panel will be conducted by two financial services subcommittees to determine whether there were accounting violations committed by Enron Cor...

    By Stephen Taub • Dec. 12, 2001
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    Cost of Mitigating Risk Fell Last Year, Survey Says

    Those were the days—or so it seems. Just last year, the overall cost of managing property-casualty insurance risk for U.S. and Canadian companies dropped to its lowest point in over a decade, a newly released benchmark survey says. Things should be a bit different this year–to put it mildly.But i...

    By David Katz • Dec. 12, 2001
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    The Old Shell Game

    Go into a casino and you have only yourself to blame if you leave with empty pockets. It’s much the same if you’re an equity investor in Asia, the U.S., or Europe.But that simple risk/reward equation goes haywire when you put your money into a subsidiary owned by some of the best-known companies ...

    By Tom Leander • Dec. 10, 2001
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    Material Girl: SEC’s Unger Issues Report on Reg FD

    SEC commissioner Laura Unger issued a detailed report examining the impact of Regulation Fair Disclosure on the marketplace.The commission adopted Reg FD in October 2000 to end the selective disclosure by issuers to analysts of material company information.“Regulation Fair Disclosure Revisited,” ...

    By Stephen Taub • Dec. 7, 2001
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    U.S. Insurers Report $3.5 Billion Enron Exposure

    Where there are huge losses, there is usually scrutiny of the effects on insurance companies. And the Enron debacle is no different.But so far, it seems like the insurance industry hasn’t been hurt much by the collapse of Enron. The direct exposure of U.S. insurers’ asset portfolios to securities...

    By Stephen Taub • Dec. 6, 2001
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    Enron and on It Goes: More Investigations, Suits

    Now the spotlight on Enron is being shined on the company’s retirement benefits. The Department of Labor has opened an investigation into questions raised by Enron’s handling of its workers’ retirement benefit plans, according to Labor Secretary Elaine Chao. Chao also announced that the departmen...

    By Stephen Taub • Dec. 6, 2001
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    Enron Blame Game: Accountants Take the Offensive

    Clearly on the defensive following the swift, spectacular collapse of Enron Corp., the accounting profession took several steps on Tuesday to try to preserve its image, trust, and integrity. In a remarkable, nearly unprecedented development, the Big Five accounting firms — Andersen, KPMG, Deloitt...

    By Stephen Taub • Dec. 5, 2001
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    USA Network Cancels the Guidance Game

    The CFO of USA Networks Inc. has found a way to break free of the dreaded earnings-expectations game with Wall Street. Along with the release of its third-quarter results on October 24, the New York- based media and commerce company disclosed its internal operating budget–yes, its entire annual p...

    By Stephen Barr • Dec. 5, 2001
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    Question Mark to Market: Energy Accounting Scrutinized

    The remarkable collapse of Enron Corp. is drawing attention to the accounting practices of other energy companies. The big concern seems to be “mark to market” accounting, which allows companies to count as current earnings profits they expect to earn in the future from energy-related contracts.T...

    By Stephen Taub • Dec. 4, 2001
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    Pitt and the Pendulum: SEC Warns About Growing Use of Pro Forma Earnings

    CFOs beware: If your pro forma financial statements make a loss look like a profit — and you don’t offer an adequate explanation for your financial sleight of hand — the statement will probably be deemed fraudulent or confusing. That was the word from Securities and Exchange Commission chairman H...

    By Stephen Taub • Dec. 3, 2001
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    It’s Official: Everyone Looking Into Enron Fiasco

    How predictable.As Enron Corp. prepared to file for bankruptcy over the weekend, the shocking debacle entered its inevitable next phase: Second-guessing, finger-pointing, and after-the-fact posturing.SEC chairman Harvey Pitt now says he too is investigating the former energy high-flier’s manageme...

    By Stephen Taub • Dec. 3, 2001
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    Poison Pills

    The use of poison pills to thwart hostile takeovers may be growing, but so is opposition by shareholder activists. In the latest skirmish, the activists won handily. Witness Navistar International, which had been at odds with investors for 10 months over its staunch refusal to rescind its poison-...

    By Stephen Barr • Dec. 1, 2001
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    Bailout for Insurers?

    It’s taking the insurance industry a few more months than the airlines. But insurers are one step closer to receiving a package of government aid to help them recover from the events of 9/11.On Thursday the House of Representatives cleared legislation that would assure that there is terrorism-ris...

    By Stephen Taub • Nov. 30, 2001
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    SEC Names Beller New Corporate Finance Head

    Alan Beller has been named the SEC’s new director of the division of corporation finance. Beller will also serve as senior counselor to the commission, a newly created position. “At this time in our history, there is an urgent need to reform our capital raising and disclosure regimes,” said the S...

    By Stephen Taub • Nov. 20, 2001
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    Finance Executives Pro Pro Forma, Says CFO.com Poll

    In a recent wire service interview, Securities and Exchange Commission chairman Harvey Pitt said the SEC has “an obligation to study” the use of pro forma earnings in corporate reports and press releases. What Chairman Pitt and the SEC are likely to learn when they commence their studying is: Not...

    By John Goff • Nov. 16, 2001
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    Bad News? I Know, Let’s Get the CFO to Tell ’em!

    When the going gets tough, the CEO gets the CFO. At least, that’s how it seems these days as more and more companies deliver bad news. Just look what happened on Tuesday.In the morning, Wal-Mart delivered pretty good sales results for the third fiscal quarter, with the retailer’s management sayin...

    By Stephen Taub • Nov. 14, 2001
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    Moody’s Blues: Enron Paper Downgraded

    On Friday, Moody’s Investors Service downgraded the senior unsecured debt ratings of Enron to Baa3 from Baa2 and the company’s rating for commercial paper to Not Prime from Prime-2. Alas, Enron’s long-term debt ratings remain under review for further downgrade. “Moody’s actions reflect the compan...

    By Stephen Taub • Nov. 12, 2001
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    Subtract Half a Billion: Enron Admits It Overstated Earnings

    Management at Enron Corp. admitted Thursday it overstated earnings for nearly five years. In an SEC filing Thursday, Enron said financial statements from 1997 through the third quarter of 2001 “should not be relied upon, and that outside businesses run by Enron officials during that period should...

    By Stephen Taub • Nov. 9, 2001
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    Standard and Poor’s: Pro Forma a Poor Standard

    Another county heard from. Responding to the growing concerns about the deterioration in the quality of earnings reports, Standard & Poor’s is expected to send a letter today to Wall Street executives laying out suggestions to create a uniform definition for operating earnings, according to T...

    By Stephen Taub • Nov. 7, 2001