Stock Option Agreement and Arbitration Agreement - WorldCom Inc.

 


The employees; tens of thousands of them lost their jobs. Katzenbach and Dennis R. The executives stock their first hearing due to a mistrial, but were eventually convicted and worldcom to 25 years in jail. Overslaan en naar de algemene inhoud gaan.

Centennial Technologies Inc., 1996


The bankruptcy is twice as large as Enron's record-setting filing in December and four times as big as Global Crossing's in January. Even before the hidden expenses were exposed, WorldCom was struggling. But shares of WorldCom and other telecommunications companies have slid ever since as the dot-com bubble burst and other market forces caused an industrywide implosion. Chapter 11 allows a company to continue operating in the ordinary course of business and to maximize recovery for the company's stakeholders.

The filings will enable the company to continue to conduct business as usual while it develops a reorganization plan. This facility is being arranged by Salomon Smith Barney Inc. The facility will be used to supplement the company's cash flow during the Chapter 11 proceedings and is subject to approval by the Bankruptcy Court. Once approved, the arrangement will provide an immediate source of funds to WorldCom, allowing the company to operate its business normally while it focuses on its new strategic plan, restructures its finances, reduces its debt burden and strengthens its balance sheet.

This additional liquidity will enable the company to satisfy customary obligations associated with the daily operations of its business, including the timely payment for new services, employee wages and other obligations.

We will emerge from Chapter 11 as quickly as possible and with our competitive spirit intact. It also operates the world's largest Internet network. To that we are totally committed," said Sidgmore. Katzenbach and Dennis R. Beresford have not previously been involved in the company's affairs. Following their election as Directors, Mr. Beresford were appointed to a Special Investigative Committee of the Board to conduct an independent review of the Company's accounting practices and preparation of financial statements.

This Special Committee will take on the oversight role with respect to the previously-announced investigation led by William R. McLucas into these matters. Their willingness to serve is also an indication of the importance of our company's future," said Sidgmore. During the day, 1. Sales were in the 6-cent range Tuesday. Bush, who has denounced irresponsible corporate behavior nearly every day since the WorldCom affair came to light, said in a speech in Cleveland on Monday: It's also important to know we're going after those who aren't and hold them accountable.

The later act gives federal courts exclusive jurisdiction. State regulators view themselves as neighborhood beat cops of sorts, who can respond to ongoing frauds and other complaints more rapidly than the creaking machinery of the SEC. A former president of the North American Securities Administrators Association, Borg also serves as a member of a working group the trade organization formed last fall with the SEC to improve coordination between state and federal regulators.

In the WorldCom matter, the lawyers began lining up months before the company in July sought protection from creditors under Chapter 11 of the U.

Like San Diego-based William S. He is attempting to chart his own course in the WorldCom case, filing some 50 individual actions in numerous states for more than plaintiffs.

Defendants in the meantime are trying to keep Lerach in the New York federal courts so they can avoid fighting the same war on multiple fronts. Coffey declined to discuss the case in detail. He does hint that lowball estimates by Lerach and others may be way off. Coffey complained to Cote in October that Lerach had misled clients through a letter-writing campaign that left the impression they could recover their losses only if they retained Milberg Weiss and filed individual state claims.

As the routine notices went into the mail to alert potential class members of the action, Cote ordered separate curative notices to set the record straight sent to plaintiffs who had lodged individual claims. Then she set about dismissing some of their claims by the handful.

Cote found one bond purchase beyond the statute of limitations and a second purchase ineligible because the bonds were privately sold to select buyers and not the public at large. The dismissals, with prejudice, left Alaska officials wondering whether to join the class with two other bond claims Cote let stand or to try to shop their entire package in state courts inexperienced in securities cases.

Barnhill, an Alaska assistant attorney general representing the state agencies. If people had believed they had been misled, then they would have taken a different course. But perhaps hedging their bets, a steady stream of plaintiffs with individual claims have taken up an invitation from Cote to voluntarily dismiss their individual actions in exchange for admission to the class.

None had opted out as of early summer. Lerach no doubt believed he was on safe footing by drafting the individual actions under the act with its ban on removal to federal court. The 2nd Circuit was the first federal appeals court to consider the issue, which the panel described as a close question pitting equally clear statutes against each other.

While the act helps plaintiffs remain in state court, the second statute, 28 U. The nod went to the bankruptcy statute after the panel suggested that the Securities Act and its potential for scattershot judgments could interfere with reorganization efforts, especially in large Chapter 11 cases where debtors must marshal all their assets and pay off creditors before emerging.

Because WorldCom was in Chapter 11, civil proceedings against it were automatically stayed and the case proceeded against the investment banks and other defendants. Equally disdainful of class actions, but luckier than Lerach, are the lawyers for the Retirement Systems of Alabama. Alabama also had succeeded in getting a similar pension fund case against Enron Corp. Circuit Court of Appeals at Atlanta and the U.

Michael Rediker belittled defense attempts to get his clients to join the rest of the plaintiffs in negotiations on a global settlement. We care about the public interest here. Alabama law also relieves plaintiffs of the burden of proving third parties directly caused their injuries, which lawyers in the state say should make their case easier against the investment banks.

Home field advantage also is key. In a state where juries are known for doling out stratospheric punitive damages, the Alabama plaintiffs lawyers would rather make the short drive to Montgomery from their offices in Birmingham any day rather than take their chances in a colder environment in New York.

But push came to shove this spring after Alabama Judge Price set an Oct. The difference is crucial because rulings and the outcome in an earlier case can wipe out defenses in subsequent trials through the doctrine of collateral estoppel, which precludes repeated litigation of decided issues.

Law and custom both curb federal judges from prying into state court business in all but the most extreme circumstances. So on April 23, Cote dusted off the All Writs Act, which she read as allowing her a narrow window to enjoin the Alabama trial until the federal one concludes.

In re WorldCom Inc. Securities Litigation, F. The plaintiffs abandoned that tack after Price rejected it. But they gave Cote plenty of ammunition. She extensively quoted both arguments from state court transcripts. Brushing off the budget argument, Cote tore into Rediker. Beginning in April —months before WorldCom Inc. Since late , federal Judge Denise L. The employees then created fake documents to appear as though they were recording sales.

Over 20, investors lost almost all of their investment in a company that was once considered a Wall Street darling. This Canadian company was involved in one of the largest stock swindles in history. Its Indonesian gold property, which was reported to contain more than million ounces, was said to be the richest gold mine, ever. The party ended on March 19, , when the gold mine proved to be fraudulent and the stock tumbled to pennies, shortly after.

Prior to this debacle, Enron , a Houston-based energy trading company was, based on revenue, the seventh largest company in the U. Through some fairly complicated accounting practices that involved the use of shell companies , Enron was able to keep hundreds of millions worth of debt off its books.

Doing so fooled investors and analysts into thinking this company was more fundamentally stable, than it actually was. Additionally, the shell companies, run by Enron executives, recorded fictitious revenues, essentially recording one dollar of revenue, multiple times, thus creating the appearance of incredible earnings figures. As Enron fell, it took down with it Arthur Andersen, the fifth leading accounting firm in the world at the time.

Andersen, Enron's auditor , basically imploded after David Duncan, Enron's chief auditor, ordered the shredding of thousands of documents. The fiasco at Enron made the phrase " cook the books " a household term, once again. Not long after the collapse of Enron, the equities market was rocked by another billion-dollar accounting scandal.

Telecommunications giant WorldCom came under intense scrutiny after yet another instance of some serious "book cooking. Apparently, the company felt that office pens, pencils and paper were an investment in the future of the company and, therefore, expensed or capitalized the cost of these items over a number of years. In fact, its business was becoming increasingly unprofitable.

Who suffered the most in this deal? The employees; tens of thousands of them lost their jobs. With WorldCom having already shaken investor confidence, the executives at Tyco ensured that would be an unforgettable year for stocks. Before the scandal, Tyco was considered a safe blue chip investment, manufacturing electronic components, health care and safety equipment.