“I disclosed this information . . . intentionally and I knew what I was doing was wrong.”

Robert Moffat, former senior VP at IBM.  The 11th individual of the 21 indicted to enter a guilty plea in the spider-web-like case of alleged insider trading by Galleon Group.  Mr. Moffat acknowledged that he passed along information on how sales of IBM products were going, particularly when they were “not good.”

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Fewer Restatements: Better Accounting? Maybe not.

For 2009, there were only 630 U.S. companies that filed earnings restatements.  The high for restatements was in 2006 and totaled 1,564, but we are in a steady decline.  Both extent and magnitude are down.  Further, the restatements filed in 2009 covered only about 1.5 years vs. the multi-year statements of yester-year.  Don’t consider earnings manipulation a lost art or abandoned practice.  Wait to see what happens as the economy presses upon those who compute and file.

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The “Our Little Genius” Investigation

The FCC is investigating the now-pulled Fox series, “Our Little Genius” because of questions regarding “how some information was relayed to contestants during preproduction.” Did these television producers and directors never see the movie “Quiz Show”?  Have they never heard of “Twenty One” or “The $64,000 Question”?  How history repeats! Feeding answers to contestants is poor form even if the upshot is that you are shown to be dumber than your fifth grader.

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“Ultimately, I guess it is where your threshold of discomfort is.”

Google co-founder Sergey Brin on why Google reversed its position on doing business in China. Previously the company was doing business there in order to “advance the bar.”  Well done, sir, but “discomfort” is a detached and sterile term to describe one’s reaction to violations of human rights.

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I need Monday night football.

A former lawmaker in Kentucky who is in prison for murder asked to be moved from protective custody so that he could join the ranks of the prison proletarian masses for gridiron bonding.  Neither rain nor snow, nor sleet, nor murder most foul can stop the loyal NFL viewer.

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Enforcement Is to Organizations What Integrity Is to Individuals: The Pope and the Bishops

The Pope has offered his apologies for the “sinful and criminal” conduct of the priests.  He has spoken of betrayal of trust.  However, the key element missing in the Vatican’s handling of the sexual abuse scandal that has crawled across Europe is discipline.  The pope took no action against bishops who reassigned priests to parishes after psychiatrists warned that they should never work with children again. Continue reading

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And more in the “under the bus” category — Another Galleon guilty plea

Former Intel executive Rajiv Goel, entered a guilty plea to two counts of conspiracy and securities fraud, admitting that he passed inside information along to his friend of 25 years, Raj Rajaratnam, the former hedge of Galleon Group hedge fund.  The two met at the Wharton Business School and their families vacationed together.  Twenty-two folks have been charged in the tentacle-like insider trading case.  Ten have entered guilty pleas and are cooperating with federal authorities.

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Arne Duncan and 40% grad rate for NCAA post-season play

The U.S. Secretary of Education would ban basketball teams from March Madness unless they could show a 40% graduation rate — that’s 2 of every 5 players.  Secretary Duncan called it a “low bar.”  Well, it’s fairly high for many tournament schools:  Arkansas (29%), California (20%), Maryland (8%), and Washington (29%).  Nine other schools were in the 30% range. In unrelated but relevant news, Seton Hall fired its coach for losses as well as for signing players accused of duct-taping 8 folks together during an armed robbery. Good luck with those grad stats, Mr. Secretary.  Continue reading

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“They knew.”

Harry Markopolos, on investment fund advisers and their take on Bernie Madoff, in his new book on the $65-billion Madoff Ponzi scheme, “No One Would Listen.”  Still, they kept investing.

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Planting Shills and Off-Label Remarks

Doctors who speak at continuing medical education (CME) conferences always sign agreements promising pharmaceutical firms that they will speak to only the approved uses for that company’s drug.  Pharmas earn deep FDA trouble for marketing off-label uses. However, one doctor explained that he signs the agreement, but added, “I always plant a shill because if I get asked a question from the audience, I can then speak off-label.”  A pharma executive responded, “That’s good practical advice.”  Continue reading

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“This is clearly a systematic failure on the part of the meters and the technology.”

Bhairavi Desai, executive director of the New York Taxi Workers Alliance, upon the Taxi and Limousine Commission’s disclosure of a report that found taxi drivers were pushing the button on the meter of their cabs so as to charge the outside-five-burroughs rate, a rate that is two times that of the inside-five-burroughs rate.  On 1.8 million rides, passengers paid, on average, an extra $4-$5 per trip.  Mr. Desai, the Barometer believes another form of systematic failure occurred.

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“I treated this no different than any other event in my life … no different than any other event where someone feels they had been wronged.”

Former Utah House Majority Leader Kevin Garn upon his admission that he had indeed paid a woman $150,000 in 2002 in exchange for her promise to keep quiet about their naked hot-tubbing 25 years earlier when she was 15 and an employee at Mr. Garn’s company.  Mr. Garn was running for congress at the time.  He lost the race, and the young woman told anyway.  See the left of The Barometer’s home page, “Never trust the people you cheat with.  They will throw you under the bus.”

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The FCPA — More Prosecutions Than Ever

The National Law Journal, in an article by attorneys William V. Roppolo and Marcus R. Cohen, reports that there have been more FCPA prosecutions concluded in the last 4 years than in the previous 28.  Prosecutors are able to put cases together when businesses ignore red flags.  What are red flags?  Well, when Fortune magazine refers to your consultant in the country in which you are doing business as “The Pirate of Prague,” you have crossed into red-flag territory.  So, keep up on your web searches on your consultants.  In addition:

  • Question UNUSUALLY high fees to those consultants
  • Commissions are tricky elements under FCPA, especially UNUSUALLY high commissions
  • ODD methods of payments i.e., weaving your way through bank accounts, deposits, third parties
  • KNOW the country — go to Transparency International and check out the country’s corruption index.  If the country is near Equatorial Guinea on the corruption list (not encessarily geographically), pay close attention or even consider this, “Is it worth it to do business in this country?”
  • An agent with no records
  • An agent who says, “You don’t need a FCPA certification.”
  • Don’t distance yourself from foreign operations; it doesn’t work anyway.  You are deemed to know. 
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“We are also dealing with a whistle-blower letter, that is on its face pretty ugly.”

William Schlich, former lead partner on Ernst & Young Lehman team. June 5, 2008.  In July, 2008, the E&Y team told Lehman’s audit committee that the allegations were unfounded and immaterial. Lehman would file for bankruptcy on September 15, 2008.

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