Regulation & Compliance: Page 50


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    Expense Management: Better Ways to Buy

    At the height of the dot-com boom, in January 2000, the term “E-procurement” appeared in these pages for the first time. Virtually synonymous, then, with E-commerce, the term joined a burgeoning pantheon of Internet buzzwords and promised a revolution in how companies bought and sold everything f...

    By Yasmin Ghahremani • Sept. 1, 2008
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    Blame Game: A Jury Tackles CFO-CEO Fraud

    How does a jury react when a company’s ex-CEO and ex-CFO both face civil accounting-fraud charges, and the panel must decide who’s liable: one of them, both, or neither?Such a jury deliberation — similar to those in the cases of Enron, Worldcom, HealthSouth, Tyco, and others — played out in a muc...

    By Roy Harris • Aug. 29, 2008
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    Companies Get Protected from DoJ Pressure

    The U.S. Department of Justice revised elements of a controversial internal policy governing federal investigation and prosecution of corporate crimes. The revision — making it illegal for the government to demand certain privileged information from companies — comes in response to criticism of ...

    By Kate Plourd • Aug. 28, 2008
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    Con-way Settles SEC Foreign-payoff Charges

    Freight-shipping company Con-way Inc. agreed to pay $300,000 to settle Securities and Exchange Commission charges that improper payments made by a unit to numerous government officials violated the Foreign Corrupt Practices Act.Emery Transnational, a Philippines-based firm controlled by the San F...

    By Stephen Taub • Aug. 28, 2008
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    SEC Eases Filing Rules for Non-U.S. Firms

    On a busy day in which it also drew a roadmap for moving to international financial reporting standards, the Securities and Exchange Commission moved to simplify disclosure requirements for foreign companies offering securities in the U.S.Under the amendments — designed to make it easier for U....

    By Stephen Taub • Aug. 27, 2008
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    A Broadcom Apology, while Ex-CFO Waits

    Broadcom Corp. cofounder Henry Samueli, scheduled to be sentenced Sept. 8 on a felony count of lying to the Securities and Exchange Commission, apologized to the judge in a two-page written statement.Fellow cofounder Henry T. Nicholas III and former Broadcom CFO William Ruehle, meanwhile, are sti...

    By Stephen Taub • Aug. 26, 2008
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    Biden’s CFO Contributors Are a Tiny Group

    Long-time Delaware Sen. Joseph Biden has had a relatively small following among political contributors who are CFOs — especially compared to the presumptive Democratic presidential nominee, Barack Obama, who recently chose him as his running mate.Since the 2004 presidential election, a mere 11 fi...

    By Kate Plourd • Aug. 26, 2008
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    In Quest for Answers, CFO Is Put on Leave

    The chairman and CEO of Quest Resource Corp. and two related energy companies resigned after the discovery of questionable transfers of $10 million in company funds to an entity controlled by the CEO. At the same time, the CFO was placed on administrative leave while an investigation is conducted...

    By Stephen Taub • Aug. 25, 2008
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    Sarbox Stays: PCAOB Judged Constitutional

    A federal appeals court decided Friday that the Public Company Accounting Oversight Board, and the Sarbanes-Oxley Act that created it, are constitutional. The ruling denies a claim that the existence of the PCAOB violates the Constitution’s separation-of-powers principle.The decision by the U.S. ...

    By Alan Rappeport • Aug. 22, 2008
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    Hayes Lemmerz Ex-CFO Loses Civil Fraud Case

    Correction:This story has been updated to reflect that the jury ruled in favor of ex-CEO Ranko Cucuz, and against the Securities and Exchange Commission, on three of four counts. A previous version of this article, and its headline, said only that the CEO, along with the CFO, had lost the case. C...

    By Stephen Taub • Aug. 21, 2008
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    How a CFO Stole from Children’s Hospital

    In connection with a scheme that the prosecutor described as “the lowest of the low,” the former chief financial officer of Shriners Hospital for Children in St. Louis pleaded guilty to defrauding the institution of more than $828,000,Robert Steven Brodzin’s plea was to one felony count of mail f...

    By Stephen Taub and Roy Harris • Aug. 21, 2008
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    Brokers Are in Auction-rate Cross-hairs

    Some regulators appear to be shifting the focus in their investigations of abuses in the auction-rate securities market, concentrating more on brokerages that sold the securities, and less on the banks that created them.On-site inspections of about 40 brokerages involved in the ARS market will be...

    By Stephen Taub • Aug. 21, 2008
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    Harvey Pitt Returns to Government

    Former Securities and Exchange Commission chairman Harvey Pitt has been invited once again to be securities sheriff. This time, his work will be on the state level, and will involve only one investigation. On Tuesday, Pitt was appointed deputy attorney general for the state of Alabama to investi...

    By Sarah Johnson • Aug. 20, 2008
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    “Nobody Gets a Pass” in SEC ARS Probe

    The Securities and Exchange Commission’s investigation into auction-rate securities abuses is ranging far beyond the five banks that have already agreed to buy back billions of dollars of ARS from customers, SEC Chairman Christopher Cox told reporters.“We have over a dozen pending investigations ...

    By Stephen Taub • Aug. 19, 2008
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    SEC Halts “Pump and Dump” Scheme

    The Securities and Exchange Commission has once again demonstrated that its regulatory tentacles reach well beyond U.S. borders.The regulator has obtained an emergency court order freezing the profits from an alleged $13 million international fraud involving a Seattle-area microcap company and a ...

    By Stephen Taub • Aug. 15, 2008
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    Cuomo Settles JP Morgan, Morgan Stanley ARS Claims

    JP Morgan Chase & Co. and Morgan Stanley have collectively agreed to return over $7 billion to investors who purchased auction rate securities under a settlement announced by New York State Attorney General Andrew M. Cuomo. The agreements settle allegations that JP Morgan and Morgan Stanley m...

    By Stephen Taub • Aug. 14, 2008
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    SEC Takes Bite Out of Apple’s Ex-Counsel

    The former general counsel of Apple Inc., Nancy R. Heinen, agreed to pay $2.2 million to settle Securities and Exchange Commission stock-option backdating charges.Heinen agreed, without admitting to or denying the allegations, to terms that bar her from serving as an officer or director of any pu...

    By Stephen Taub • Aug. 14, 2008
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    Phantom Menace

    Not all short lists are worth being on. The Securities and Exchange Commission (SEC) announced rules on July 15th to restrict short-selling of 19 financial stocks. Many suspected that America’s market regulator wanted to resuscitate the shares of these firms, especially those of Lehman Brothers,...

    By Economist Staff • Aug. 14, 2008
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    Charlotte Russe Tries a Poison Pill

    Women’s mall-based specialty retailer Charlotte Russe Holding adopted a stockholder rights plan, saying it isn’t designed to ward off any specific takeover threat.The San Diego-based company did say, however, that “it should deter any attempt to acquire Charlotte Russe in a manner or on terms not...

    By Stephen Taub • Aug. 14, 2008
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    SemGroup Facing Chapter 11 Fraud Probe

    The U.S. Justice Department is seeking to investigate claims of fraudulent trading that may have resulted in last month’s financial collapse of SemGroup, a Tulsa, Okla.-based energy trader, Reuters reported. RZB Finance LLC, SemGroup’s lender, said in court documents that the Blackstone Group, ...

    By Alan Rappeport • Aug. 13, 2008
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    Survival in the Age of Risk

    Faced with threats from all quarters — recession and credit crunch, heated global competition, continuing Sarbanes-Oxley pressures — companies are making intensive risk management a top priority, and once again CFOs find themselves on the front lines.Many CFOs now must deal not only with managing...

    By Marshall Krantz • Aug. 13, 2008
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    Did CFO Embezzle $3m to Invest in the Market?

    The former finance executive for a nonprofit that operates a museum parking lot in San Francisco’s Golden Gate Park pleaded not guilty to charges that he embezzled more than $3 million from the company.Gregory Colley, who worked for the Music Community Concourse Partnership, which manages undergr...

    By Stephen Taub and Roy Harris • Aug. 12, 2008
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    It’s Twilight for Sun Communities Ex-CFO

    The former CFO of Sun Communities Inc. took the brunt of Securities and Exchange Commission charges at the end of an accounting-practices investigation that originally had targeted the CEO and controller as well.Without admitting to or denying the findings, Jeffrey P. Jorissen consented to a fina...

    By Stephen Taub • Aug. 12, 2008
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    SEC Looks at Calpine, National City

    Two companies, power producer Calpine Corp. and financial services company National City Corp., disclosed in regulatory filings that they are targets of unrelated probes by the Securities and Exchange Commission.Calpine said it had been contacted by the SEC and had had meetings with the SEC staff...

    By Stephen Taub • Aug. 11, 2008
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    Microcaps Charged in Capital-Raising Scam

    The Securities and Exchange Commission charged six microcap companies on Thursday for their roles in an alleged scheme that put billions of improperly registered shares into the public markets. Microcap are the smallest public companies in terms of market capitalization that still meet exchange l...

    By Kate Plourd • Aug. 7, 2008