Ethisphere News and Commentary Blog

SEC

Oilman Sues BP and Others Over Alleged FCPA Violations

April 16th, 2008

The CEO of Denver-based Grynberg Productions is trying a new strategy to escape possible FCPA violations: suing a bunch of his rivals. This month Jack Grynberg, the eponymous chairman of the oil company, sued British oil company BP, BP Chief Executive Tony Hayward, Former BP Chief Executive John Browne, Norway’s Statoil and others, accusing […]

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Flowserve Pays $10.6 Million for Abusing Iraqi Oil-for-Food Program

February 26th, 2008

Will there ever be an end to the Oil-for-Food abuses? Flowserve Corporation announced last Thursday that it will pay nearly $10.6 million to the U.S. Securities and Exchange Commission and the U.S. Department of Justice for violating the United Nation’s Iraq Oil-for-Food humanitarian program. A Dutch and French-based subsidiary of the company, Flowserve […]

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Ocean Plundering Meets the 21st Century

January 23rd, 2008

For several years, Ernesto Tapanes was a simple, ordinary “oceanography survey consultant,” doing contracting work for the treasure-hunting firm Odyssey Marine Exploration Inc. One spring day in 2007, however, his life abruptly changed when he discovered an anomaly off the coast of Gibraltar. Upon further investigation, it turned out to be a sunken

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Siemens Could be Fined up to 4 Billion Euros by U.S. SEC

January 21st, 2008

The European engineering firm Siemens just learned that it might be fined as much as €4 billion (close to $6 billion) by the United States Securities and Exchange Commission as the result of a large bribery investigation that began in 2006. The number is about three times the amount of bribes that were uncovered […]

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Former United Health CEO to Forfeit $620 Million

December 10th, 2007

William McGuire, former CEO of United Health, agreed to give back about $620 million to resolve a government investigation into whether or not he illegally backdated millions of stock options. Sure, this is a hefty sum, but the blow is softened when considering McGuire still floated home with a billion dollar golden parachute, even […]

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Former CFO of Safenet Inc. Guilty of Security Fraud

October 9th, 2007

The former chief financial officer of Safenet Inc. pleaded guilty on Friday to backdating stock options for herself and the former CEO.

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General Counsels More Vulnerable to SEC Prosecution

October 2nd, 2007

The U.S. Securities and Exchange Commission (SEC) has been cracking down on General Counsels this year more than ever, according to an article released today by the National Law Journal. Experts say the increased prosecution comes from the SEC’s backlash after a proposed regulation in the Sarbanes-Oxley Act was revoked.

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Textron Fined $4.6 Million for Illegal Bribes to Iraq Government

August 30th, 2007

Textron has agreed to pay $4.6 million in fines for bribing officials of Suddam Hussein’s government in order to acquire Iraqi contracts through the United Nations’ Oil-for-Food program. The fines are divided into the amounts of $1.15 million and $3.5 million between the Department of Justice and the U.S. Securities and Exchange Commission, respectively.
The […]

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SEC settles charges against IBM for ‘aiding’ fraud at Dollar General…

August 21st, 2007

The SEC announced the settlement of a civil lawsuit against an employee of IBM for aiding Dollar General Corporation’s accounting fraud. The final judgment ordered Kevin B. Collins to pay $95,000 for his role in assisting Dollar General’s violations of various SEC codes.
Collins allegedly proposed to Dollar General to push forward a $10 million […]

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Former CEO of Brocade convicted of stock option backdating

August 8th, 2007

After a five-week trial, former Brocade CEO Gregory L. Reyes was convicted by a federal court jury on 10 counts of conspiracy and fraud over illegal stock option backdating.
Mr. Reyes had been accused of intentionally changing the grant dates for hundreds of stock option awards without disclosing the move to investors. Sentencing is […]

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Report finds SEC bungled Pequot insider trading investigation

August 5th, 2007

The Senate Finance and Judiciary committees have released the results of their investigation into the SEC’s firing of a former staff lawyer, Gary Aguirre, in September 2005.
Mr. Aguirre had been leading the SEC investigation into possible illegal insider trading by large hedge fund Pequot Capital that is run by Arthur J. Samberg.
Aguirre was fired after […]

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First CEO convicted of stock option backdating is sentenced

August 2nd, 2007

Ryan Brant, the former CEO of Take-Two Interactive Software (maker of popular video games such as “Grand Theft Auto”), has been sentenced to five years of probation for his role in overseeing the fraudulent backdating of stock options.
Mr. Brant pleaded guilty in back February. He had been facing up to four years in prison […]

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Delta & Pine discloses/settles FCPA charges

July 28th, 2007

Delta & Pine Co. (a cotton seed producer) has reached a settlement with the SEC to pay $300,000 over charges that it illegally bribed Turkish government officials in order to get documentation that reportedly would allow the company to operate in the country.
According to the SEC, Delta & Pine (which has since been acquired by […]

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Wow…ex-Qwest CEO sentenced to six years

July 27th, 2007

Today, in a Denver courtroom packed with former US West and Qwest employees who lost their savings in the bankruptcy of the company, a federal judge sentenced the former chief executive who presided over the company’s demise to six years in prison.
Judge Edward Nottingham also ordered the ex-CEO, Joseph Nacchio, to pay a $19 […]

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SEC approves PCAOB Auditing Standard No. 5 to reduce cost of SOX 404 compliance

July 27th, 2007

The SEC announced yesterday that it unanimously approved a new auditing standard and other measures intended to increase the accuracy of financial reports while reducing unnecessary costs, particularly for smaller public companies.
The Commission is hoping that this new management guidance, Auditing Standard No. 5 (which replaces Auditing Standard No. 2), will make Section 404 […]

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DOJ probing 11 oil-related companies for FCPA violations in Nigeria

July 26th, 2007

The U.S. Justice Department is conducting a criminal inquiry of nearly a dozen oil and oil services companies, focusing on potentially illegal payments to customs agents who provided freight forwarding and other services that extended to Nigeria. The SEC is investigating as well.
According to Dow Jones, eleven oil and oil service firms received a […]

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Did Bear Stearns’ CEO cheat at golf to win a tournament over the 4th of July?

July 17th, 2007

Does anyone need further proof that the private and personal lives of CEOs are now fair game and are being intertwined into discussions around compliance, ethics and governance?
Okay then, here you go…
First of all, CNBC is reporting this morning that Jimmy Cayne, the CEO of Bear Stearns, is being investigated…
Investigated for what? Fraud? […]

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Office Depot sees Reg FD Stop Sign…and runs right through it!

July 11th, 2007

Office Depot is feeling the heat surrounding its recent warning to investors that sales were down due to a weak economy. The problem? It seems that some Wall Street analysts were privy to the information a week earlier.
According to the analysts, the warning they received from the Office Depot Investor Relations Department re-emphasized earlier alerts […]

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In case you missed it… Entrasys executives were given HUGE prison terms…

July 11th, 2007

From our “in-case-you-missed-it-while-out-on-your- holidays-during-July” file the DOJ announced gleefully that four former executives with computer networking and security vendor Enterasys Networks Inc. had been sentenced to long prison terms for their roles in accounting fraud at the company.
The executives were originally convicted on conspiracy and fraud charges during a December 2006 trial.
In U.S. District Court […]

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Obvious insider trading on Hilton deal… will SEC continue to sit on the sidelines?

July 9th, 2007

The Wall Street Journal and other media outlets are reporting a large amount of suspicious option trading in advance of the Hilton-buyout by Blackstone Group announced on July 3rd.
As Dow Jones reported:
Traders booked massive profits in positions on Hilton Hotels Corp. as the stock surged 26% after the company said Blackstone Group will buy […]

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State of Massachusetts sues UBS over “unethical” gifting (may we say “bribe”?)

July 5th, 2007

Just after being ordered to cut a $2.3 million check for a sex discrimination lawsuit, banking giant UBS is looking at even more trouble ahead. Regulators in the State of Massachusetts have accused UBS of “dishonest” and “unethical” practices in their dealing with hedge fund advisors (and by “dishonest and unethical practices,” they mean “bribery”).
A […]

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First Sarbox whistleblowing case FINALLY comes to conclusion…and the whistleblower loses

July 3rd, 2007

The first case to offer protection to a person under the whistle-blower provision of the Sarbanes-Oxley Act has finally ended after five years. The ruling by the Department of Labor’s Administrative Review Board went against an administrative law judge’s recommendation in support of the whistleblower. As a result, former Cardinal Bancshares CFO-turned-whistleblower David Welch will […]

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SEC sues attorneys for fraud, including one former SEC enforcement officer

June 28th, 2007

The SEC filed a civil suit yesterday against two lawyers, including a former enforcement official for the commission, charging that they had played important roles in a penny stock fraud that cost investors at least $160,000 in 2005.
The commission charged that David B. Stocker, an Arizona lawyer, issued repeated legal opinion letters to justify the […]

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Federal judge allows Nature Sunshine’s FCPA and fraud lawsuit to continue

June 25th, 2007

Several Nature’s Sunshine shareholders scored a partial victory when a federal judge denied most of the company’s efforts to dismiss a consolidated class action lawsuit.
The lawsuit accused the company and several executives of filing misleading Sarbanes-Oxley Act certifications, Form 10-Q earnings reports and press releases with the U.S. Securities and Exchange Commission to illicit “clean” […]

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Mercury Interactive (HP) to pay $28 million to settle stock option backdating - 4 former execs still dangling however

June 24th, 2007

The SEC has settled charges against California-based software maker Mercury Interactive to the tune of $28 million. According to the SEC, former senior officers of the software maker perpetrated a fraudulent and deceptive scheme from 1997 to 2005 to award themselves and other employees undisclosed, secret compensation by backdating stock option grants, failing to […]

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