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SEC v VIVENDI UNIVERSAL, S.A Click to find out why . . .



Keywords & Phrases
CaseNo: LR-18373, CourtCode: DIS, CourtName: DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK ISSUED TWO ORDERS, Defendant: Vivendi Universal, S.A., Plaintiff: SEC, State: NY New York, UniqueCaseRef: SEC>LR-18373, Vivendi, Messier, State Court, Judgement, Escrow, Securities, Commission, Pursuant, Public Company, Extraordinary Payments, York State Court, Motion, Officer, Prohibiting, Exchange Commission, Jean-marie Messier, Halts, District, Execute, Sarbanes-oxley Act, Securities Laws, Violations, Affiliate, Agreement, Decision Ordering Vivendi, Pay Messier, Termination Agreement, Negotiations, Postpone, Seeking , ContentID: 120255281

Case Documents
1 2003-09-29 SEC LITIGATION RELEASE
[ see first page and extracted highlights below  ] ItemID: 132571
2 pages
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Total Documents: 1 document , 2 pages
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1 . SEC LITIGATION RELEASE

EXTRACTED KEY WORDS
MESSIER
STATE COURT
JUDGEMENT
ESCROW
SECURITIES
COMMISSION
PURSUANT
PUBLIC COMPANY
EXTRAORDINARY PAYMENTS
YORK STATE COURT
MOTION
OFFICER
PROHIBITING
EXCHANGE COMMISSION
JEAN-MARIE MESSIER
HALTS
DISTRICT
EXECUTE
SARBANES-OXLEY ACT
SECURITIES LAWS
VIOLATIONS
AFFILIATE
AGREEMENT
DECISION ORDERING VIVENDI
PAY MESSIER
TERMINATION AGREEMENT
NEGOTIATIONS
POSTPONE
SEEKING
U.S. Securities and Exchange Commission

Litigation Release No. 18373 / September 29, 2003

, Case No. M11-03 (S.D.N.Y.) (filed September 16, 2003).

SEC Obtains Order Compelling Vivendi Universal, S.A. To Escrow Payments To
Former CEO Jean-Marie Messier

Court Also Halts Efforts To Collect On $23 Million Judgment In Messier's
Favor

   The Securities and Exchange Commission (SEC) announced that on
   September 24, 2003, Judge Kevin Thomas Duffy of the United States
   District Court for the Southern District of New York issued two orders
   temporarily preventing Vivendi Universal, S.A. (Vivendi) from paying
   over $23 million to its former CEO, Jean-Marie Messier. The orders
   require Vivendi to escrow any extraordinary payments that it might
   otherwise make to Messier and they temporarily enjoin any efforts that
   seek to execute on a judgment regarding the $23 million that Messier
   obtained in New York State Court. The orders are the result of an
   application that the SEC made on September 16, 2003 for an escrow
   order pursuant to Section 1103 of the Sarbanes-Oxley Act of 2002, and
   an emergency motion that the SEC filed on September 23, 2003 to halt
   Messier's efforts to collect on the state court judgment.

   Section 1103 of the Sarbanes-Oxley Act authorizes the Commission to
   seek such a temporary order during an investigation into possible
   securities laws violations by a public company, or an officer,
   director, or other affiliate of a public company. Pursuant to the
   temporary order, the public company must escrow "extraordinary
   payments" that the public company likely may make to an officer,
   director, or affiliate.

   The SEC's staff has been investigating possible violations of the
   federal securities laws by Vivendi and its directors, officers,
   partners, controlling persons, agents, or employees pursuant to a
   formal order of private investigation issued by the Commission on
   November 14, 2002. The SEC filed the Section 1103 application after
   Messier obtained a judgment in New York State Court on September 11,
   2003 enforcing an arbitration panel's decision ordering Vivendi to pay
   Messier EUR20,555,342 (or approximately $23 million) pursuant to a
   termination agreement with Vivendi.

   After the SEC filed its application for a Section 1103 order, Messier
   began efforts to collect on the state court judgment. After
   negotiations between the SEC, Vivendi and Messier to reach an
   agreement to postpone any further collection efforts failed, the SEC
SNIPPETS:
  • U.S. Securities and Exchange Commission
  • SEC Obtains Order Compelling Vivendi Universal, S.A. To Escrow Payments To Former CEO
  • Court Also Halts Efforts To Collect On $23 Million Judgment In Messier's Favor
  • The Securities and Exchange Commission announced that on September 24, 2003, Judge Kevin
  • The orders require Vivendi to escrow any extraordinary payments that it might otherwise make
  • The orders are the result of an application that the SEC made on September 16, 2003 for an
  • Section 1103 of the Sarbanes-Oxley Act authorizes the Commission to seek such a temporary
  • The SEC filed the Section 1103 application after Messier obtained a judgment in New York
  • After negotiations between the SEC, Vivendi and Messier to reach an agreement to postpone any
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