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eCorporate Compliance News (eCCN)

Subscribe to eCCN and stay abreast of the latest in compliance news. Each week we scour the major news sources and summarize the top compliance-related stories for you.  We keep you informed and save you hours of reading. Each news story contains a link to its source, if you need a more in-depth look. This news service is not available anywhere else!

Stories in this weeks eCCN              Click here for the current issue of eCCN

Archived stories: last 90 days,  90 days to 1 year

New Wave of Whistle-Blowers Could Be Millionaires

On July 27, 2010, USA Today reported, “Harry Markopolos, call your office. Under little-noticed new provisions of the Dodd-Frank Wall Street reform law, whistle-blowers like Markopolos who alerted the SEC to Bernard Madoff's Ponzi scheme will for the first time be entitled to collect between 10% and 30% of the money recovered by the government. And that could turn a new wave of whistle-blowers, those insiders with proof of financial wrongdoing on Wall Street, into millionaires.”

More: http://www.usatoday.com/money/companies/management/2010-07-27-cnbc-whistle-blowers_N.htm

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Schapiro Warns Against Financial Reform Re-Debate

On July 28, 2010, Reuters reported, “The top U.S. securities regulator said regulatory rule-writing should not be used to re-debate the financial reforms Congress just passed, but pledged an open process. U.S. Securities and Exchange Commission Chairman Mary Schapiro told a Chamber of Commerce event on Tuesday that the SEC will be seeking public comment, even before it formally puts out proposals on topics such as over-the-counter derivatives, and fiduciary standards for brokers.

“Schapiro struck a cooperative tone with the chamber, which spent millions of dollars to fight Democrats as they debated the tougher financial regulations that were signed into law last week as the Dodd-Frank Act. But she warned against efforts to undermine the legislation.”

More: http://www.reuters.com/article/idUSTRE66Q3KY20100727

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With Dell’s SEC Settlement, Charges Against Intel Loom

On July 23, 2010, CNN Money reported, “Thursday's $100 million settlement between Dell and the Securities and Exchange Commission was a reminder that the government is going after tech's bad boys -- and Intel is likely next on the feds' list. According to the SEC's complaint against Dell, Intel paid the computer maker rebates as part of a deal in which Dell agreed not use microchips manufactured by Intel's rival AMD. We're not talking small change: The payments totaled $4.3 billion between 2003 and 2006.

“That's actually not what landed Dell in hot water. Instead, Dell was charged with defrauding its investors by pretending that those payments were operating income. The maneuver artificially inflated Dell's balance sheet and helped it beat Wall Street's earnings estimates for four years. But Intel's naughty behavior continues to be the subject of a separate Federal Trade Commission antitrust investigation, parts of which were used in the SEC's case against Dell.”

More: http://money.cnn.com/2010/07/23/technology/dell_intel/

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Hackers’ Massive Check Fraud Operation Revealed

On July 28, 2010, eWeek reported, “Cyber-criminals are using a complex, innovative scheme to commit widespread check forgery. According to research by SecureWorks revealed at Black Hat, the ring has counterfeited an estimated $9 million in checks in the last year. A three-month investigation by SecureWorks has uncovered an innovative check fraud operation that is estimated to have counterfeited $9 million in checks in the past year.

“Gone are the days when thieves had to use low-tech methods such as check kiting to defraud banks. According to SecureWorks, a group of Russian cyber-criminals are using a mix of malware, money mules and SQL injection to get their hands on data from check image repositories run by services that archive checks on behalf of businesses.”

More: http://www.eweek.com/c/a/Security/Massive-Check-Fraud-Operation-Run-by-Hackers-Revealed-at-Black-Hat-762787/

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EU Opens Antitrust Probe of IBM Mainframe Business

On July 26, 2010, Reuters reported, “European Union competition regulators launched two anti-trust investigations against International Business Machines Corp, suspecting it of abusing its dominant position in the mainframe computer market. One investigation followed complaints by emulator software vendors T3  and TurboHercules against IBM's practices, and focuses on the U.S. computer group's alleged tying of mainframe hardware to its mainframe operating system. The second probe, opened on the European Commission's own initiative, concerns alleged discriminatory behaviour towards competing suppliers of mainframe maintenance services.”

More: http://www.reuters.com/article/idUSLDE66P18020100726

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Three Ex-GE Bankers Indicted in Bid-Rigging Probe

On July 27, 2010, Bloomberg reported, “Three former bankers with a  General Electric Co.  unit that sold investment contracts to state and local governments were indicted for conspiring to profit at taxpayers’ expense by rigging bids, showing the broadening scope of a Justice Department investigation of municipal finance.

“Dominick Carollo, Steven Goldberg and Peter Grimm, all of whom once worked for finance units of General Electric, were charged with fraud and conspiracy, the Justice Department said. They allegedly paid kickbacks to local government brokers, who were hired to solicit competitive bids for investment deals, to win the bidding and increase their profits.”

More: http://www.bloomberg.com/news/2010-07-28/three-former-general-electric-bankers-are-indicted-in-bid-rigging-inquiry.html

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GE to Pay $23.4M to Settle SEC Complaint in Foreign-Bribes Case

On July 27, 2010, the Washington Post reported, “General Electric agreed Tuesday to pay $23.4 million to settle a Securities and Exchange Commission complaint that GE bribed Iraqi government officials to win contracts to supply medical and water purification equipment under the U.N. Oil for Food program.

“The SEC alleges that two GE subsidiaries and two companies the conglomerate later acquired paid $3.6 million in kickbacks to the Iraqi Health Ministry and Iraqi Oil Ministry for valuable contracts. The bribes, which are illegal under the Foreign Corrupt Practices Act, came in the form of cash, computer equipment, medical supplies and services, the SEC said.”

More: http://www.washingtonpost.com/wp-dyn/content/article/2010/07/27/AR2010072705050.html?hpid=topnews

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Ex-GlobeTel CEO Sentenced in Fraud Case

On July 26, 2010, the South Florida Business Journal reported, “The former CEO of Fort Lauderdale-based GlobeTel Communications Corp. was sentenced to four years behind bars, to be followed by three years of supervised release. Timothy Huff pleaded guilty  in  April  to one count of conspiracy to commit securities fraud.

“Huff and the company’s former CFO Thomas Y. Jimenez allegedly conspired to generate fictitious revenue for the company by creating fraudulent invoices and other documents, plus provided the documents to the company’s independent auditors.”

More: http://www.bizjournals.com/southflorida/stories/2010/07/26/daily13.html

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Ex-Manager of WG Trading Pleads Guilty to Fraud

On July 28, 2010, Bloomberg reported, “Hedge fund manager Paul Greenwood, the general partner of WG Trading Co., plead guilty to six charges including conspiracy and securities fraud and is cooperating with the U.S. against his codefendant, Steven Walsh.

Greenwood and Walsh, his fellow manager of WG Trading and WG Investors, were indicted last July on charges that they conspired to defraud investors of $554 million. The U.S. said the pair schemed to defraud investors from 1996 until their arrest in February 2009. A prosecutor said today that Greenwood will testify against Walsh at trial.”

More: http://www.bloomberg.com/news/2010-07-28/paul-greenwood-wg-trading-hedge-fund-manager-to-plead-guilty-to-fraud.html

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UK Postpones Bribery Act for Nine Months

On July 21, 2010, NASDAQ.com reported, “The U.K. Ministry of Justice announced Wednesday it will postpone implementation of its Bribery Act until April 2011, a full year after it received royal assent. The law, which bans both public and private bribery by any company or individual with a U.K. interest and includes a corporate criminal offense, was waiting on guidance from the Serious Fraud Office and other regulators concerning an ‘adequate procedures’ definition that would give corporations the opportunity to defend themselves amid a bribery accusation. That guidance was originally expected to be handed down this month, with the law going into effect three months later.”

More: http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=201007211530dowjonesdjonline000687&title=uk-postpones-bribery-act-implementation-for-9-months

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Financial Overhaul Bill Marks New Regulatory Era

On July 21, 2010, the Washington Post reported, “As much as it felt like an ending, President Obamalaunched a new era in the relationship between Washington and the financial world when he placed his signature Wednesday on a massive bill to rewrite the nation's financial rules. Inside a building named after a Republican president who championed deregulation and praised the ‘magic of the marketplace,’ the Democratic president signed into law the most ambitious overhaul of financial regulation in generations.”

More: http://www.washingtonpost.com/wp-dyn/content/article/2010/07/21/AR2010072100512.html

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Judge Approves SEC’s $550M Settlement with Goldman Sachs

On July 20, 2010, Bloomberg reported, “The U.S. Securities and Exchange Commission won court approval to levy a $550 million penalty against Goldman Sachs Group Inc., the largest ever against a Wall Street firm, over claims the bank misled investors in collateralized debt obligations linked to subprime mortgages. U.S. District Judge Barbara Jones in Manhattan granted final approval yesterday to a settlement between the SEC and Goldman Sachs that was announced on July 15.”

More: http://www.bloomberg.com/news/2010-07-20/goldman-sachs-settlement-with-sec-for-550-million-approved-by-u-s-judge.html

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Justice Calls for Probe of Federal Sentencing Patterns

On July 19, 2010, Law.com reported, “During the past four years, federal judges imposed sentences of one to four years on five defendants in the AIG fraud case that caused more than $500 million in losses; 25 years on Ronald Treadwell for a Ponzi scheme involving a $40 million loss; and 3 1/2 years on former Impath Inc. President Richard Adelson for a $50 million securities fraud. Those widely disparate sentences don't make sense, ignore federal sentencing guidelines and are a sign of a potentially very big problem, according to the U.S. Department of Justice.”

More: http://www.law.com/jsp/article.jsp?id=1202463650912&src=EMC-Email&et=editorial&bu=Law.com&pt=LAWCOM%20Newswire&cn=NW_20090719&kw=Justice%20Department%20Calls%20for%20Probe%20of%20Federal%20Sentencing%20Patterns

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Trustee Seeks $3.6B from Madoff's 'Enablers’

On July 22, 2010, ABC News reported, “One of Greenwich,Connecticut'swealthiest and most socially prominent financiers, Walter Noel, was accused today of ‘aiding, abetting, enabling and substantially participating’ inBernard Madoff's legendary Ponzi scheme. The allegations came in a complaint filed by the Madoff Bankruptcy Trustee against Noel and others who worked with him at the Fairfield-Greenwich investment fund, including one of his daughters and at least two sons-in-law.

“According to the complaint, Noel and others collected more than one billion dollars in fees while ignoring evidence of Madoff's fraud for years and lying about their concerns to investors who lost everything in the scam.”

More: http://abcnews.go.com/Blotter/bernie-madoff-allegations-billion-madoff-enablers/story?id=11217034

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E.U. Scolds Romania for Faltering on Reforms

On July 20, 2010, the New York Times reported, “Romaniawas publicly criticized on Tuesday as lacking in commitment to fight corruption as the European Union released a report that also praised Bulgaria for the growing momentum behind its reforms. The document, from the European Commission, detailed how Romania and Bulgaria, which joined the European Union in 2007, were fighting rampant fraud, corruption and organized crime. In doing so, it outlined some of the reasons behind doubts about whether either country was ready to become part of the European Union, which now has 27 members.

More: http://www.nytimes.com/2010/07/21/world/europe/21iht-union.html

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SEC Proposes to Tighten Rules on 12b-1 Mutual Fund Fees

On July 22, 2010, the Washington Post reported, “Are mutual funds overcharging investors? Securities and Exchange Commission Chairman Mary Schapiro, in gentler terms, asked as much Wednesday as the agency proposed new rules to govern mutual fund fees. The mutual fund fees at issue, known as 12b-1 fees, are little-known annual charges that SEC officials worry are making some investors pay more than they realize to invest in mutual funds.”

More: http://www.washingtonpost.com/wp-dyn/content/article/2010/07/21/AR2010072106174.html

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Ex-Media Baron Conrad Black Freed From Prison

On July 21, 2010, the New York Times reported, “A U.S. judge on Wednesday released former media baron Conrad Black from prison on $2 million bond, while she decides whether to throw out his 2007 conviction for defrauding shareholders. Adhering to rulings by higher courts, trial Judge Amy St. Eve of the U.S. District Court set Black, 65, free but restricted him to the continental United States for the time being.”

More: http://www.nytimes.com/reuters/2010/07/21/business/business-us-usa-black-release.html?_r=1&dbk

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Financial Reform Bill on Home Stretch

Reuters reported on July 15, 2010 that “The broadest overhaul of U.S. financial rules since the Great Depression is likely to clear a crucial hurdle in Congress on Thursday morning, paving the way for President Barack Obama to sign the measure into law.”

More: http://www.reuters.com/article/idUSTRE66E0MD20100715

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GC Loses Whistleblower Case

On July 14, 2010 Corporate Counsel reported that "When Sybaritic Inc., general counsel Brian Kidwell alerted senior management to suspected illegal activity at his company, he knew the news could come back to hurt him. Before making the report, he even researched the law on whistleblowers to see what protections he might have if the company retaliated, according to his testimony later at trial."

More: http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202463479773&InHouse_Lawyer_Loses_Whistleblower_Case_in_Minnesota

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Goldman Likely to Seek More Time

On July 13, 2010 the New York Post reported that "Goldman Sachs is expected to ask for more time" in which to respond to the Securities and Exchange Commission lawsuit which was filed on April 16, 2010.

More: http://www.nypost.com/p/news/business/goldman_eyes_new_deadline_aMIdDsPbkeQW16avY7xDbM#ixzz0tgiE9C00

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GlaxoSmithKline Agrees to Settle

Reuters reported on July 13, 2010 that pharmaceutical company "GlaxoSmithKline Plc has agreed to pay $460 million to settle thousands of lawsuits over its Avandia diabetes pill, Bloomberg reported on Tuesday, on the eve of a crucial vote by U.S. experts on whether the pill should be withdrawn due to heart risks."

More: http://www.reuters.com/article/idUSN1221251720100713

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When Will the Major Accounting Changes Arrive?

CFO.com reported on July 13, 2010 that "When U.S. and international accounting standard-setters reprioritized their pending joint projects last month, they appeared to be backtracking on their self-imposed deadline to finish their convergence project by June 2011, a pledge they had recommitted themselves to as recently as last fall. But Financial Accounting Standards Board member Thomas Linsmeier chafes at the word 'deadline.' During a FASB webcast two weeks ago, he used more flexible terminology: 'target completion dates.'"

More: http://www.cfo.com/archives/directory.cfm/2984409

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Alabama-Based Company Agrees to Resolve Environmental Violations

On July 14, 2010 the U.S. Department of Justice announced that McWane Inc., a national cast iron pipe manufacturer headquartered in Birmingham, Ala., has agreed to pay $4 million to resolve more than 400 violations of federal and state environmental laws, the Justice Department and the U.S. Environmental Protection Agency (EPA) announced today. The settlement, filed in federal court today in Birmingham, Ala., covers 28 of McWane's manufacturing facilities in 14 states and also requires the company to perform seven environmental projects valued at $9.1 million.

More: http://www.justice.gov/opa/pr/2010/July/10-ag-802.html

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Dutch Company Resolves FCPA Investigation and Agrees to Pay $240 Million Criminal Penalty

The U.S. Department of Justice announced on July 7, 2010 that Snamprogetti Netherlands B.V., (Snamprogetti) agreed to pay a $240 million criminal penalty to resolve charges related to the Foreign Corrupt Practices Act (FCPA) for its participation in a decade-long scheme to bribe Nigerian government officials to obtain engineering, procurement and construction (EPC) contracts, the Department of Justice announced today. The EPC contracts to build liquefied natural gas (LNG) facilities on Bonny Island, Nigeria, were valued at more than $6 billion.

More: http://houston.fbi.gov/dojpressrel/pressrel10/ho070710.htm

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Pharmaceutical Company Settles Gender Bias Suit

On July 15, 2010 Law.com reported that "Novartis Pharmaceuticals Corp. has settled the remainder of gender bias claims brought by women field representatives" claiming discrimination.

More: http://www.law.com/jsp/article.jsp?id=1202463548010

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