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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
SECURITIES COMMISSION WORLDCOM CHARGES CONTROLLER EXCHANGE ACT FRAUD FINANCIAL FRAUD CIVIL ENFORCEMENT ACTION SENIOR MANAGEMENT PRE-TAX EARNINGS SOUTHERN DISTRICT IMPROPER OVERSTATE PROVISIONS LITIGATION ACCOUNTING PARTICIPATING CONNECTION YORK REPORTING BANKRUPTCY COMPLAINT COSTS VIOLATING BOOKS INTERNAL CONTROLS THEREUNDER ABETTING |
United States Securities and Exchange Commission
Litigation Release No. 17753 / September 26, 2002
Accounting and Auditing Enforcement Release No. 1635 / September 26,
2002
SEC Charges Former WorldCom Controller Myers
With Participating In Multi-Billion Dollar Financial Fraud
The Securities and Exchange Commission today filed a civil enforcement
action against David F. Myers, formerly the Controller and a Senior
Vice President of WorldCom, Inc., and a CPA. The Commission charges
that Myers participated in a massive fraud that inflated the company's
earnings at the direction and with the knowledge of WorldCom's senior
management. Also today, in connection the same conduct, Myers pled
guilty to criminal charges filed by the U.S. Attorney's Office for the
Southern District of New York.
The Commission's action against Myers is its second civil enforcement
action related to the WorldCom fraud. The first was filed against
WorldCom, Inc. on June 27 of this year. (Litigation Release No.
17588.) Since then, WorldCom has admitted that beginning in 1999, as a
result of undisclosed and improper accounting, it materially
overstated the income it reported in its financial statements by
approximately $7.2 billion. It has also filed for bankruptcy under
Chapter 11 of the U.S. Bankruptcy Code.
The Commission's complaint filed today against former Controller Myers
alleges that in the second half of 2000, by improperly decreasing
certain reserves to reduce "line costs" (expenses for accessing the
networks of other telecommunications companies), Myers and others
caused WorldCom to overstate pre-tax earnings by at least $1.2
billion. Thereafter, from the first quarter 2001 through the first
quarter 2002, Myers and others improperly capitalized certain line
costs, which resulted in an overstatement of WorldCom's pre-tax
earnings by approximately $3.8 billion. During the same period, Myers
and others, including members of senior management, made materially
false or misleading statements or omissions to WorldCom's independent
auditors in connection with audits and the preparation of filings with
the Commission.
For this misconduct, the complaint charges Myers with violating
numerous provisions of the federal securities laws, including the
antifraud, books and records, internal controls, and lying-to-auditors
provisions (Section 17(a) of the Securities Act of 1933 ("Securities
Act") and Sections 10(b) and 13(b)(5) of the Securities Exchange Act
of 1934 ("Exchange Act") and Rules 10b-5, 12b-20, 13a-1, 13a-13,
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