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Posted on: Wednesday, March 16, 2005

Ex-CEO guilty in $11B scandal

 •  An update on corporate scandals

By Erin McClam
Associated Press

NEW YORK — Bernard Ebbers, the once-swaggering CEO of WorldCom, was convicted yesterday of engineering the largest corporate fraud in U.S. history — an $11 billion accounting scandal that capsized the big telecom company three years ago.

Bernard Ebbers, 63, leaves the federal courthouse in New York with his wife, Kristie, after being found guilty of engineering the colossal accounting fraud that sank WorldCom, his former company.

Louis Lanzano • Associated Press

The verdict marked a colossal fall for Ebbers, who had turned a humble Mississippi long-distance provider into a global telecommunications power, swallowing up companies along the way and earning the nickname "Telecom Cowboy."

A federal jury in Manhattan returned guilty verdicts on all nine counts, including securities fraud, conspiracy and lying to regulators — a decision that could send Ebbers, 63, to prison for the rest of his life. Sentencing was set for June 13.

The former chief executive reddened deeply when the jury announced its verdict after eight days of deliberations, and his wife, Kristie, burst into tears in the courtroom's front row. Later, as his lawyer spoke outside, promising an appeal, Ebbers and his wife — nearly toppled by the enormous crew of cameras and reporters camped outside the federal courthouse — made their way to a nearby street, hailed a cab and drove away.

Attorney General Alberto Gonzales called the conviction a "triumph of our legal system." He said the jury had recognized that the fraud "extended from the middle management levels of this company all the way to its top executive."

In a six-week trial, prosecutors painted Ebbers as obsessed with keeping WorldCom stock high, and panicked about pressure he was getting over $400 million in personal loans that were backed by his own WorldCom shares.

From late 2000 to mid-2002, the government claimed, Ebbers intimidated chief financial officer Scott Sullivan into covering up billions of dollars in out-of-control expenses and recognizing improper revenue.

"He was WorldCom, and WorldCom was Ebbers," prosecutor William Johnson told jurors. "He built the company. He ran it. Of course he directed this fraud."

The defense claimed all along that the fraud was masterminded by Sullivan, who testified as the star government witness that Ebbers instructed him quarter after quarter to "hit our numbers" — meet Wall Street expectations.

Ebbers himself took the witness stand at trial's end and flatly denied any role in the fraud. He said he viewed his role at the company as a visionary and cheerleader, was uncomfortable with accounting and left it to Sullivan.

"He's never told me he made an (accounting) entry that wasn't right," Ebbers said of Sullivan. "If he had, we wouldn't be here today."

The largely blue-collar jury of seven women and five men considered the case for eight days, an uncommonly long deliberation for white-collar cases, but never showed signs of discord.

The jurors were ushered away from the courthouse without speaking to the media, and Judge Barbara Jones instructed reporters not to badger them.

Outside court, top defense lawyer Reid Weingarten said he was "devastated" but predicted Ebbers "will ultimately be vindicated" on appeal. He said he had no regrets about calling Ebbers to testify.

"I did not think Mr. Ebbers ever acted with criminal intent," he said. "Obviously we're disappointed by the result, but the fight will continue."

Legal experts said the appeal would be difficult. Weingarten said part of the case would center on prosecutors' refusal to grant immunity to three former WorldCom executives the defense wanted to call as witnesses.

The nine criminal counts against Ebbers — securities fraud, conspiracy and seven counts of making false filings to the Securities and Exchange Commission — carry up to 85 years in prison. He will be free on bail until sentencing.

The conviction comes more than two years after an internal auditor began asking questions about curious accounting at WorldCom, touching off a scandal that eventually unearthed $11 billion in cooked books.

With the entire telecom industry suffering a dot-com hangover, the fraud was driven by soaring "line costs" — the fees WorldCom paid to smaller local telephone carriers to use their networks.

• • •

An update on corporate scandals

Here's a look at some of the most high-profile recent corporate scandals and the status of pending legal action.

WorldCom Inc.: Former CEO Bernard Ebbers was convicted yesterday of federal fraud and conspiracy charges for his part in a massive accounting fraud now estimated at $11 billion.

Martha Stewart: The founder of the homemaking empire was released March 4 after serving five months in prison, and is serving an additional five months confined to her home. She was convicted in federal court last year of conspiracy, obstruction of justice and making false statements related to a personal sale of ImClone Systems Inc. stock.

Tyco International Ltd.: A jury in New York state court acquitted former Tyco lawyer Mark Belnick last year of charges that he stole millions of dollars by accepting an illegal bonus and abusing company loan programs. Also last year, a state judge declared a mistrial in the case involving former CEO L. Dennis Kozlowski and former CFO Mark Swartz, who were accused of stealing $600 million from the company.

Adelphia Communications Corp.: Founder John Rigas and his son Timothy were convicted in federal court last year of conspiracy, bank fraud and securities fraud. Another Rigas son, Michael, was acquitted of conspiracy charges before the case ended in a mistrial with jurors deadlocked on 17 counts against him. A fourth executive, Michael Mulcahey, was found not guilty of conspiracy and securities fraud.

Credit Suisse First Boston: The company's former investment banking star, Frank Quattrone, was convicted in May on federal charges of obstruction of justice, after his first trial ended in a hung jury. Quattrone, who made a fortune taking Internet companies public during the dot-com stock craze, was sentenced to 18 months in prison.

Enron Corp.: Former chairman and CEO Kenneth Lay, former CEO Jeffrey Skilling and chief accounting officer Richard Causey are scheduled to be tried early next year on federal fraud and conspiracy charges.

HealthSouth Corp.: Fired CEO Richard Scrushy is on trial in Birmingham, Ala., on federal charges of leading a multibillion-dollar scheme to overstate HealthSouth earnings to make it appear that the company was meeting Wall Street forecasts.

Source: Associated Press