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U.S. and Canadian stock regulators filed fraud charges on Monday against several former executives of Nortel, accusing them of twisting accounting practices to make it seem that the company was meeting Wall Street expectations.
The U.S. Securities and Exchange Commission charged Frank Dunn, Nortel's former CEO and CFO, Douglas Beatty, the former CFO and controller, Michael Gollogly, the former controller and MaryAnne Pahapill, the former assistant controller.
Meanwhile, the Ontario Securities Commission announced it would hold a hearing on May 1 to consider sanctions against Dunn, Beatty and Gollogly.
The charges come as Nortel struggles to recover from the scandal. The company had fired or accepted resignations from all four managers by 2005, but is still repairing the damage to its financial records and its reputation. On March 1, Nortel said it would post yet another round of financial restatements and delay the filing of its 2006 annual report.
Nortel had no reaction to the new charges. "We have no comment on any proceedings against former officers or employees of the company. The company continues to cooperate fully with the regulatory authorities," Spokeswoman Jamie Moody said in an e-mail.
The defendants all disregarded accounting practices and disclosure requirements in their effort to manipulate the books at the Canadian telecommunications equipment maker, the SEC said in charges filed in the U.S. District Court for the Southern District of New York.
"The fraudulent conduct at issue here was egregious and long-running," said Linda Thomsen, director of the SEC's division of enforcement, in a statement. "Each of the defendants betrayed Nortel's investors and their misconduct gave rise to billions of dollars in shareholder losses."
According to the SEC, between late 2000 and January 2001, Dunn, Beatty and Pahapill changed Nortel's revenue-recognition policies so they could appear to meet financial forecasts. And from July 2002 through June 2003, Dunn, Beatty and Gollogly created an illegal pool of reserve funds they used to fabricate profits, meet earnings targets and award bonuses.
Then, in the second half of 2003, Dunn and Beatty tried to cover their tracks by explaining the company's US$948 million restatement as an accounting error caused by internal control mistakes, the SEC said. That restatement was actually caused by the secret fund.
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Comments (2)
Nortel$$$By Gene Mongello on March 13, 2007, 2:34 pmAnything that Nortel does illegal doesn't surprize me. I used to be employed by them over ten years ago and have been waiting for the axe to fall on the upper escholon...
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Widespread fraud in the telecom sectorBy Anonymous on March 13, 2007, 11:24 amI am amazed at the degree of widespread fraud in the Telecom sector. Re: Update: SEC charges ex-Nortel executives. It seems that pandemic cheating was, and...
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