Regulation & Compliance: Page 51


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    SEC Advice Ahead for Web-posting Results

    Recognizing how eight years of advances in internet technology have changed things, the Securities and Exchange Commission unanimously voted to provide companies with a new set of guidelines covering how to disseminate investor information on the company Web site.The last time the SEC issued guid...

    By Kate Plourd • July 30, 2008
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    SEC Slaps CPA Firms for Not Registering

    The Securities and Exchange Commission took action against several small accounting firms and their principals, saying they audited public companies without having registered with the Public Company Accounting Oversight Board.Each of the firms and individuals consented to the issuance of the SEC ...

    By Stephen Taub • July 30, 2008
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    SEC and Labor Tie Up to Help Workers

    The Securities and Exchange Commission and Department of Labor announced a formal arrangement for the two to share information on retirement and investments on a permanent basis.They said the memorandum of understanding (MOU) between them strengthens the cooperation with which they deal together...

    By Stephen Taub • July 29, 2008
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    Enron De-energized: Exec Comes to Terms

    The former chairman and CEO of Enron Energy Services agreed to pay $31.5 million to settle civil insider trading charges. Lou L. Pai, who had spent 15 years with Enron Corp., also agreed to be barred from serving as an officer or director of a public company for five years as part of a consent de...

    By Stephen Taub • July 29, 2008
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    Double Whammy: Sued More, Settling Less

    For the second straight half, the number of class-action securities lawsuits nearly doubled year-earlier levels, with many of the cases driven by the subprime mortgage issues and the credit crunch, according to a new study from Cornerstone Research in cooperation with Stanford Law School’s Securi...

    By Stephen Taub and Roy Harris • July 29, 2008
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    Nursing-home Verdict Against PwC Upheld

    A $10 million verdict was upheld against PricewaterhouseCoopers, which earlier had been found liable for negligent misrepresentation in a series of financial audits of a Georgia nursing home conglomerate.According to a report on law.com about the upholding of the verdict, PwC had petitioned a Geo...

    By Stephen Taub • July 28, 2008
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    Black Box Blues

    After watching bank shares drop by almost a third this year, most European investors probably consider the idea of buying insurance stocks a sick joke. Banks’ balance-sheets may be difficult to understand but insurers can be mind-bogglingly complex too.Insurers also have a track record of fouling...

    By Economist Staff • July 28, 2008
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    Abercrombie Stock Nosedives over CFO Exit

    On Thursday Abercrombie & Fitch Co. said CFO Michael Kramer will leave the company on August 18 to take a similar post with Kellwood Co. On Friday shares of the trendy fashion retailer tanked, closing down nearly 8 percent on a day the overall stock market rose.Thus investors judged Abercromb...

    By Stephen Taub • July 25, 2008
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    Buyback Binge Aimed at Hiking Share Prices

    As the stock market tries to battle back amid huge volatility, a number of large companies have pledged to repurchase shares in the past few days with the hope of boosting share price.Bank of America says it plans to spend $3.75 billion to buy back up to 75 million shares of common stock during t...

    By Stephen Taub • July 25, 2008
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    Tea Party over as Accountant Admits Theft

    An accountant has pleaded guilty to stealing $1.16 million from the Long Island company that employed him.Steven Rubenoff, who worked for Lake Success, New York–based DV Capital LP, maker of Arizona Iced Tea, admitted to funneling the money through his daughter’s college fund to finance drug usag...

    By Stephen Taub • July 25, 2008
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    The CFO Duality: Mixing Business with Integrity

    Ben Heineman got an eyeful of the C-suite during his 18 years as general counsel for General Electric Co. until his retirement in 2005. A book by Heineman published in June, High Performance with High Integrity, argues that a chief financial officer can and should act as guardian and protector of...

    By July 24, 2008
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    Southwest Hedges Curb Rising Fuel Costs

    As a result of its ability to hedge against rising fuel costs, Southwest Airlines is making money while virtually all of its competitors are racking up huge losses.Southwest’s reported net income for the second quarter was $321 million, up 15 percent, from $278 million, for the same period a year...

    By Stephen Taub • July 24, 2008
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    Razing the Bar

    Most CEOs and CFOs trying to clear up fraud charges with the Securities and Exchange Commission these days face a difficult dilemma: roll the dice at a jury trial, where the odds of winning are low, or agree to a settlement that includes a bar on holding an executive position at a public company ...

    By Alix Stuart • July 23, 2008
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    Ousted CFO Whistleblower Sues Bank

    The latest informant attempting to break the whistleblower curse has filed a lawsuit this month in a United States district court in Tennessee, legal documents reveal. The whistleblower is George Fort, the former CFO of Tennessee Commerce Bancorp, who was ousted in May the day after he told the F...

    By Alan Rappeport • July 23, 2008
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    McAfee Sues Law Firm that Defended CFO

    More than a year after former McAfee CFO Prabhat Goyal was convicted of corporate fraud, the antivirus software maker is headed back to court. This time it’s suing the law firm that represented its former finance chief for over-billing the company more than $6 million. In April, McAfee filed a $1...

    By Kate Plourd • July 22, 2008
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    Report: Financial Fraud a Challenge Despite Sarbox

    Editor’s note: As the result of an editor’s error, the original headline of this story incorrectly stated that Sarbanes-Oxley controls caused higher fraud losses. The story itself correctly stated that Sarbanes-Oxley controls are associated with a substantial reduction in fraud losses, although, ...

    By Alan Rappeport • July 22, 2008
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    Freddie the Filer

    Freddie Mac and EDGAR became fast friends on Friday, when the mortgage lender voluntarily registered its common stock with the Securities and Exchange Commission for the first time.Under SEC regulations, Freddie Mac — known officially as the Federal Home Loan Mortgage Corp. — is now required to f...

    By Marie Leone • July 18, 2008
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    Talking It Over, and Over, and…

    In tough times, finance executives might expect — or hope — that shareholders would understand that the executives need to concentrate on running the business. But in fact most institutional investors want more one-on-one meetings with management than ever, according to a new study by Brunswick, ...

    By Kate O'Sullivan • July 15, 2008
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    The Great Workers’ Comp Revolt

    It’s not often that a major U.S. corporation blames lower net income on workers’ compensation claim costs — and in a single state, to boot. But that’s what Costco CFO Richard Galanti did in the second quarter of fiscal 2003: despite an 8 percent increase in net sales from the previous year’s seco...

    By Russ Banham • July 15, 2008
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    Energy Firm Settles Overstated Reserves Case

    On Friday the Securities and Exchange Commission settled with El Paso Corp., its subsidiaries, and five former employees on charges they fraudulently inflated the energy company’s oil and gas reserves.The ex-president of El Paso’s Exploration and Production business, Rodney Erskine, agreed to pay...

    By Kate Plourd • July 11, 2008
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    Enough Information?

    Despite years of pressureon companies to do better, corporate transparencyis an underdeveloped art in Asia.To understand how far the region’s companiesstill have to go in improving financialreporting, consider HSBC Holdings. HSBC isa top performer in the ACCA/CFO Asia three-country“Regional Corpo...

    By Tom Leander • July 11, 2008
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    Securities Lawyer Walter Joins SEC

    Commissioner slots at the Securities and Exchange Commission are being filled — albeit slowly. On Wednesday, Democrat Elisse B. Walter was sworn in, just in time to participate in the regulator’s roundtable on fair value accounting. Walter, who joins commissioners Paul Atkins and Kathleen Casey, ...

    By Marie Leone • July 10, 2008
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    Should Monolines Blame Mark-to-market?

    Losses that companies record for credit default swaps, using mark-to-market accounting, may not be a true indicator of credit deterioration, a new report by Moody’s Investors Services says.MBIA and Ambac, two big bond insurers, recently have had their credit ratings downgraded by Moody’s, Standar...

    By Alan Rappeport • July 9, 2008
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    Insider-trade Turbulence Hits Ex-Airbus CFO

    Europe’s fast-expanding investigation into insider trading at Airbus owner EADS has sucked in ex-Airbus finance chief Andreas Sperl — the first current EADS executive to be detained in the probe, according to Sperl’s attorney.Since January 2007, Sperl had headed the EADS Dresden plant, according ...

    By Roy Harris • July 9, 2008
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    Subprime Slam: SEC Exposes Rating Agency Faults

    The Securities and Exchange Commission issued a report saying that the three major credit rating agencies have significant deficiencies in policies and procedures for rating structured products tied to subprime mortgages — including conflict-of-interest problems with their “issuers pay” fee model...

    By Marie Leone • July 8, 2008