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Ex-WorldCom Execs Clam
Up Before Congress
By Jeremy Pelofsky and Jessica Hall
7-8-2

WASHINGTON (Reuters) - Lawmakers probing WorldCom Inc.'s WCOME.O $3.85 billion accounting debacle called on Monday for prison time for those responsible, while former executives refused to testify to a congressional committee.
 
Former Chief Executive Bernard Ebbers and former Chief Financial Officer Scott Sullivan, who were in charge when the company mishandled its accounts, invoked their constitutional right against self-incrimination.
 
Rep. Michael Oxley, chairman of the House Financial Services Committee that held the hearing, said it appeared that senior executives at the nation's No. 2 long-distance carrier had hidden expenses of almost $4 billion, disguising its true performance to keep earnings in line with analysts' estimates.
 
"And make no mistake, the consequences to this sort of criminal activity, should it be proved, should be severe, and that may mean time in federal prison," the Ohio Republican said in opening a hearing into WorldCom's decline.
 
(Corrects specific wrongdoing in fifth paragraph.)
 
The Securities and Exchange Commission has already sued the Clinton, Mississippi-based company, alleging that it improperly booked expenses as capital spending for five quarters starting in 2001, hiding losses of $1.22 billion.
 
The scandal engulfing WorldCom, also carrier of half of the world's Internet traffic, has overshadowed the collapse of Enron Corp. ENRNQ.PK last year and joins scandals at other former high-fliers like Global Crossing Ltd. GBLXQ.PK and Tyco International Ltd. TYC.N
 
President Bush will present a plan on Tuesday aimed at reassuring investors rocked by the wave of corporate scandals that threatens to turn his pro-business reputation into a liability.
 
EBBERS OUSTER
 
Ebbers was ousted in April, bowing to pressure over the company's huge debts and big personal loans. Sullivan was fired for his handling of WorldCom's books on June 25, the day the company went public with the scandal.
 
Internal auditor Cynthia Cooper began uncovering the accounting problems in May. The committee has scratched her appearance to avoid disrupting the Justice Department's probe of WorldCom.
 
The former WorldCom CEO professed his innocence in declining to testify, and said he looked forward to explaining his actions in the right setting. "I believe that no one will conclude that I engaged in any criminal or fraudulent conduct during my tenure at WorldCom," Ebbers said.
 
Sullivan defended to WorldCom his booking of the expenses in the days leading up to his dismissal.
 
"Based upon the advice of counsel I respectfully will not answer questions based upon my Fifth-Amendment right to the United States Constitution," Sullivan told the committee.
 
WorldCom is currently struggling to negotiate new credit lines to avoid bankruptcy.
 
Newly installed WorldCom CEO John Sidgmore apologized for the debacle and promised to try to save the company.
 
"While our reputation has suffered a tremendous blow, ours is a great company that the new management team will do everything in our power to save," his written testimony said.
 
"Although we have significant cash on hand, we are in close communications with our lenders to secure replacement lines of credit," Sidgmore said. "WorldCom is a key component of our nation's economy and communications infrastructure," he said.
 
WorldCom has said it is probing its financial statements from 1999 and 2000 for further accounting problems.
 
Lawmakers, veterans of hearings into Enron and its auditor Andersen, appeared resigned to further corporate wrongdoing.
 
"Earnings manipulation has become all too common a practice among our publicly traded companies," said New York Rep. John LaFalce, the ranking Democrat on the committee.
 
ANDERSEN CONNECTION
 
WorldCom's auditor was also Andersen, which audited Enron's books and was recently convicted of obstructing the federal probe into that energy-trading company.
 
Melvin Dick, who oversaw Andersen's audit of WorldCom's books, said neither he nor his team had "any inkling" that the firm had moved routine maintenance costs to capital spending accounts in violation of standard accounting practice.
 
WorldCom also indicated there were no significant unusual book entries when Andersen asked, Dick testified.
 
Andersen had used auditing software to study WorldCom's financial statements line by line, "which did not trigger any indication that there was a need for additional work," Dick told lawmakers in written testimony.
 
Dick, who now works as chief financial officer at clothing retailer Coldwater Creek CWTR.O , also questioned how Cooper discovered the problem, saying: "I would be very interested to know how and when they discovered these entries."
 
Salomon Smith Barney telecom analyst Jack Grubman, who downgraded WorldCom's stock just before the accounting debacle became public, testified that he had no inside information about WorldCom's woes.
 
Grubman, who championed WorldCom stock for years and enjoyed access to occasional board meetings, downgraded WorldCom from "neutral" to "underperform" just before the company's accounting woes became public.
 
"I regret that I was wrong in rating WorldCom highly for too long ... I surely would have downgraded the company much earlier had I known the truth about its financial performance," Grubman said in written testimony.





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