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Old 08-06-2004, 09:32 AM
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Default Halliburton charged with accounting fraud

Halliburton, Vice President Dick Cheney's former company, has been charged with widespread accounting fraud during at least two of the years Cheney was at the helm- here is the article from today's Times:

Quote:
August 6, 2004
Suit Accuses Halliburton of Fraud in Accounting
By GRETCHEN MORGENSON

http://www.nytimes.com/2004/08/06/bu...&position=

Four former finance employees at the Halliburton Company contend that a high-level and systemic accounting fraud occurred at the company from 1998 to 2001, according to a new filing in a class-action lawsuit on behalf of investors who bought the company's shares.

The filing accuses the company of accounting improprieties that go far beyond those outlined by the Securities and Exchange Commission in its civil suit against Halliburton, which the company settled on Tuesday, paying $7.5 million.

The charges in the complaint and in the S.E.C.'s action cover the two years when Vice President Dick Cheney was Halliburton's chief executive. But he was not named as a defendant in the new filing nor in the regulatory proceeding. S.E.C. officials said Mr. Cheney provided testimony and willingly cooperated in their inquiry and his lawyer, Terrence O'Donnell, said Mr. Cheney's conduct as chief executive of Halliburton was "proper in all respects." He added that the S.E.C. "investigated this matter very, very thoroughly and did not find any responsibility for nondisclosure at the board level or the C.E.O. level."

According to the new filing, the four former employees, who are not identified in the suit but were managers in financial or accounting positions, say that Kellogg Brown & Root, Halliburton's engineering and construction unit, inflated its financial results by overbilling for services, overstating its accounts receivable due from customers and understating accounts payable owed to vendors. The filing also noted that one former employee in the accounting department said superiors had told her to do "whatever it took" to make projects appear profitable and to meet Wall Street estimates for the company's earnings.

The filing also asserts that executives at Halliburton misled investors in the fall of 2001 about asbestos liabilities faced by the company's subsidiary, Harbison-Walker, which it had acquired in the September 1998 purchase of Dresser Industries. Even though the company had lost a major case in a Texas court and was ordered to pay $130 million to plaintiffs, top Halliburton executives told analysts unaware of the verdict that the news regarding its asbestos obligations was "positive" and that there had been "no adverse developments at all" relating to Harbison-Walker.

Only on Dec. 7, 2001, when the verdict became public, did investors learn of Halliburton's obligations as a result of it, the suit said. The company's stock plummeted, losing 42 percent of its value that day.

The suit names Halliburton as a defendant as well as four executives who it said had control over the company's accounting and the contents of its reports to investors. They are David J. Lesar, Halliburton's chief executive, who took over in that job when Mr. Cheney became vice president; Douglas L. Foshee, a former chief financial officer who is now chief executive officer of the El Paso Corporation; Gary V. Morris, a former chief financial officer who is retired; and Robert Charles Muchmore Jr., former controller of the company.

"What we found to be compelling about this is that there appeared to be a series of schemes designed to bolster Halliburton's financial health that did not allow people to really understand the true financial picture at the company," said David Scott, a lawyer at Scott & Scott in Colchester, Conn. "We found that this was not just one isolated event; it appears to be a course of conduct designed to deceive the public."

Halliburton called the lawsuit abusive and an effort to smear the company and extort money from its shareholders. In a statement, the company said: "On June 7, 2004, the federal court in Dallas preliminarily approved Halliburton's settlement of approximately 20 class-action securities cases (including two filed previously by Scott & Scott) and ordered that no further complaints be filed. Apparently hoping to generate publicity, while violating the spirit but not the letter of that order, Scott & Scott has filed a motion seeking the court's permission to file this latest complaint and attached the complaint to that motion as an exhibit.

"Thus," the statement continued, "they abuse the broad immunity from defamation actions enjoyed by litigants and get their publicity at the same time. It is also noteworthy that this is the third lawsuit arising out of the same general series of events filed by Scott & Scott. Many of their complaints have already been asked and already been answered. It is virtually a recycled lawsuit."

The court filing was made on Tuesday in United States District Court in Dallas, the same day the S.E.C. announced an enforcement action against Halliburton, Mr. Morris and Mr. Muchmore. The S.E.C. contended that the company had misled investors about its financial results in 1998 and 1999 by failing to disclose a change it had made to one of its accounting practices. As a result of the change, Halliburton's earnings were considerably higher than they would have been under the method the company had used previously.

Halliburton and Mr. Muchmore settled with regulators, neither admitting nor denying wrongdoing. The company paid $7.5 million in the settlement. Mr. Morris declined to settle and was sued by the commission in federal court in Houston.

Lawyers for Mr. Muchmore and Mr. Morris did not return phone calls seeking comment; neither did Mr. Foshee.

According to a quarterly filing it also made on Tuesday, Halliburton is under investigation by the Justice Department over possible overbilling on government services work done in the Balkans from 1996 through 2000, when Mr. Cheney was the company's chief executive. The filing also noted that the Justice Department and the S.E.C. were investigating a project in Nigeria in which Halliburton participated and which might involve illegal payments under the Foreign Corrupt Practices Act. The company said it was too early to assess the impact the inquiry might have. The four former finance officials at Halliburton cited in the Texas court document worked at the company from as early as 1989 until 2003 and were interviewed by investigators for Scott & Scott in the course of researching the case. In the complaint, the former employees describe an accounting department that was decidedly lax in its controls, employing an antiquated computer system in which entries were manually entered and that did not provide details of the invoices or payments underlying revenues or expenses. Such details allow outside auditors to test a company's financial statements.

One former employee said that manipulation of monthly profit and loss statements at K.B.R. "was systemic and indeed a matter of policy." The accounting improprieties were necessary, the filing said, because they helped conceal burgeoning problems related to Halliburton's exposure to asbestos claims.

Because customers of Kellogg Brown & Root paid the company over long periods of time for its engineering work, the Halliburton unit used project plans based on the contract price and the schedule for completion. These plans projected costs to be incurred monthly based on a percentage of the job completed and the profit margins expected. If the costs of a project began to exceed estimates associated with the job, the company's finance directors told project accountants to change the books before the entries went into K.B.R.'s accounting information system, according to the complaint.

One former employee cited in the filing said that the company would routinely overbill but not bother to collect. Neither did the company add to reserves for doubtful accounts, the former employee said. She noted that at one point, the company had $20 million in accounts receivable that were more than six months old. The reserve for doubtful accounts, meanwhile, was $700,000.

The filing stated that the alleged accounting fraud also enabled Halliburton executives to sell shares at inflated prices. Mr. Lesar sold shares worth $1.64 million during the period that the profit manipulations were made, the filing said. The complaint noted that Mr. Lesar's stock sales during the period amounted to twice the sales he had made in almost three years prior to 1998.

Mr. Scott, along with a partner, Neil Rothstein, specializes in class-action securities litigation.

As one of three firms appointed to the executive committee in the Halliburton class action, Scott & Scott has objected to the $6 million settlement announced last year by lead counsel for the class. Calling the settlement inadequate, Mr. Scott said: "The importance of the $7.5 million fine by the S.E.C. this week against the $6 million settlement is telling. What I can't understand is why there has not been a greater outcry among shareholders on the terms of this settlement."

David C. Godbey, the judge presiding over the case, is expected to rule later this month on whether the settlement is fair.
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Old 08-06-2004, 10:03 AM
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Ken Lay for Veep in '08!
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Old 08-06-2004, 04:17 PM
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I have trouble believing he was appointed to that position because of any business savvy.
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Old 08-06-2004, 04:20 PM
chrissayer chrissayer is offline
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Best of my knowledge, he had never been in business before.

Secretary of Defense goes to a major defense contractor. Whee. What revolving door.

But the Dems are just as bad.
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Old 08-21-2004, 03:29 PM
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The beat goes on:

- Bechtel, the privately owned contractor with the big Iraq contracts (no-bid) and whose owners are prime supporters of President Bush, was paid to repair the backup water system in Baghdad. It never did it. Now, the Army Corps of Engineers has had to repair the facility. So, U.S. taxpayers have paid twice and the faciility is still not up and running.


and:

- WASHINGTON - At least $8.8 billion in Iraqi funds that was given to Iraqi ministries by the former U.S.-led authority there cannot be accounted for, according to a draft U.S. audit set for release soon.

The audit by the Coalition Provisional Authority’s own inspector general blasts the CPA for “not providing adequate stewardship” of at least $8.8 billion from the Development Fund for Iraq that was given to Iraqi ministries.

The audit was first reported on a Web site earlier this month by David Hackworth, a journalist and retired colonel. A U.S. official confirmed that the contents of the leaked audit cited by Hackworth were accurate.

The development fund is made up of proceeds from Iraqi oil sales, frozen assets from foreign governments and surplus from the U.N. oil for food program. Its handling has already come under fire in a U.N.-mandated audit released last month.

Ghost workers
Among the draft audit’s findings were that payrolls in Iraqi ministries under the control of the Coalition Provisional Authority were padded with thousands of ghost employees.

In one example, the audit said the CPA paid for 74,000 guards even though the actual number could not be validated. In another, 8,206 guards were listed on a payroll but only 603 people doing the work could be counted.

Three Democratic senators — Ron Wyden of Oregon, Tom Harkin of Iowa and Byron Dorgan of North Dakota — demanded an explanation from Defense Secretary Donald Rumsfeld over the use of the funds by the CPA, which handed over authority to the Iraqis in June.

“The CPA apparently transferred this staggering sum of money with no written rules or guidelines for ensuring adequate managerial, financial or contractual controls over the funds,” said the letter sent by the senators on Thursday.

‘Serious questions’
“Such enormous discrepancies raise very serious questions about potential fraud, waste and abuse,” said the senators.

A spokesman for the CPA inspector general’s office confirmed “field work” had been completed on the audit but declined to give specifics. He said auditors were awaiting comment from the Pentagon before releasing the final report, probably later this month.

The Pentagon did not immediately respond to questions.

An international audit report released last month that was requested by a U.N.-mandated monitoring body chided the CPA for oversight of spending of Iraq’s oil revenue.

- While the International Advisory and Monitoring Board said the audit found no evidence of fraud in spending by the CPA after the U.S. invasion in March 2003, it said oversight was insufficient to ensure money was used for its intended purposes.

One of the main benefactors of the Iraq funds was the Texas-based firm Halliburton, which was paid more than $1 billion out of those funds to bring in fuel for Iraqi civilians.

The monitoring board said despite repeated requests it had not been given access to U.S. audits of contracts held by Halliburton, which was once run by Vice President Dick Cheney, and other firms that used the development funds.

Copyright 2004 Reuters Limited. All rights reserved.
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Old 08-23-2004, 10:02 AM
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What gets me is that all this evidence of widespread corporate corruption under Cheney, and W himself is emerging, yet our nation is fixated now on the whole SWIFT BOAT thing.

AND George W. Bush didn't even show up for his National Guard physical, much the less serve in active combat duty in Vietnam!

Shame on you Mr. Bush!
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Old 08-23-2004, 10:08 AM
chrissayer chrissayer is offline
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$8 billion misplaced. Oops.

Think how many schools, clinics, etc. that would build.

Hell, with that money, you could even get rid of the city wage tax.
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Old 08-23-2004, 10:27 AM
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The swift boat thing is annoying me too, we are criticizing a guy that volunteered to be there when his opponent never went. There is no comparison.

As for the halliburton thing, it is just weird...after learning about the ties of the carlyle group and Bush sr's involvement, Bakers involbvement and the rest of the gang, doesn't it seem like Sr. Just may have some influence over JR?

It stinks that Kerry is the candidate, because I (along with a lot of others) don't like him much either, but he's better than what we've got. A half decent candidate could destroy bush, but we don't really have that.
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Old 08-23-2004, 01:02 PM
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Quote:
Originally Posted by wilreynolds
The swift boat thing is annoying me too, we are criticizing a guy that volunteered to be there when his opponent never went. There is no comparison.
It was Kerry, not Bush, who made his Vietnam service the centerpiece of his campaign. (One wonders what else he's running on, in fact.) This despite the fact that his four months in Vietnam have always been controversial in the extreme. As such, it's perfectly fair to look at it, and at the Winter Soldier hearings afterwards (where the real damage is).

This is entirely a self-inflicted problem of Kerry's. A smart man would've let all this get out earlier in the year, during that time when he was the presumptive nominee (but before the convention). That would have defused the issue. The fumbling and bumbling of the Kerry campaign in response to this now has been shocking to me, truthfully, suggesting that they were relying completely on a sympathetic media to keep this out of the headlines.

Dumb.

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Old 08-23-2004, 01:03 PM
tmcgee tmcgee is offline
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Quote:
Originally Posted by wilreynolds
The swift boat thing is annoying me too, we are criticizing a guy that volunteered to be there when his opponent never went. There is no comparison.
It was Kerry, not Bush, who made his Vietnam service the centerpiece of his campaign. (One wonders what else he's running on, in fact.) This despite the fact that his four months in Vietnam have always been controversial in the extreme. As such, it's perfectly fair to look at it, and at the Winter Soldier hearings afterwards (where the real damage is).

This is entirely a self-inflicted problem of Kerry's. A smart man would've let all this get out earlier in the year, during that time when he was the presumptive nominee (but before the convention). That would have defused the issue. The fumbling and bumbling of the Kerry campaign in response to this now has been shocking to me, truthfully, suggesting that they were relying completely on a sympathetic media to keep this out of the headlines.

Dumb.

tmcgee
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