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Bush Signs Corporate Crackdown Bill

Hoping to restore investor faith in U.S. companies after a wave of boardroom scandals, President Bush Tuesday signed into law a bill that increases penalties for accounting fraud and provides new grounds for prosecuting corporate corruption.

"No more easy money for corporate criminals. Just hard time," Mr. Bush vowed as he signed the measure in a White House East Room ceremony.

The legislation, designed to make it harder for company executives to deceive investors, was spurred by weak stock markets, voter anger and approaching congressional elections. It went beyond Bush's original proposal. Investor anger at staggering losses and fear of political fallout prompted Mr. Bush to support the tougher law.

It creates a new oversight board for the accounting industry, until now a largely self-regulated profession that has been implicated in a series of corporate meltdowns ranging from Enron Corp. to WorldCom Inc.

Maximum jail time for executives who commit mail or wire fraud is quadrupled to 20 years. The bill establishes a new crime of securities fraud with a maximum sentence of 25 years.

At least two dozen members of Congress, many instrumental in forging the compromise that passed the House and Senate on overwhelming votes, also were in attendance. Conspicuously left off the invitation list were corporate CEOs. White House spokeswoman Claire Buchan said she knew of no company chiefs expected in the audience except the New York Stock Exchange chairman, Richard Grasso.

On the eve of the signing, stocks moved sharply higher. The Dow Jones industrial average closed up 447.49 points, a 5.4 percent gain at 8,711.88; Nasdaq was up 73.13, or 5.8 percent at 1,335.25; and the Standard & Poor's 500 index advanced 46.12 points, up 5.4 percent at 898.96.

Optimists emerged to call the end of the bear market, but there were plenty of more cautious views about the rally. Stocks were down moderately on Tuesday morning.

"It's a mistake to read too much into what happened in one night in New York," said Charles Wheeler, director of Asian equities at Standard & Poor's in Singapore.

With midterm congressional elections looming, lawmakers mindful of the pre-eminence of the economy on voters' minds hurried to deal with the string of corporate accounting scandals that has shaken the stock market and devastated retirement savings.

The struggling economy, along with a Bush administration agenda critics call too pro-business, have Democrats hopeful they can make gains in November.

In part as a result, House Republicans last week accepted most of the stricter parts of a bill passed by the Democratic-controlled Senate to create the final version.

The measure tightens regulation of companies' financial reporting and provides new oversight of independent auditors.

It does so by adding criminal penalties and prison terms for corporate fraud and much document shredding; imposing restrictions on accounting firms that do consulting work for corporations whose books they audit; requiring top company executives to vouch personally for the accuracy of their companies' reports; creating new rules for financial analysts designed to prevent conflicts of interest; and establishing an independent board, with subpoena power, to oversee the accounting industry.

Meanwhile, there were some developments early this week involving major companies and their accounting woes:

  • AOL Time Warner, EDS and MetLife were among 15 parties chosen to serve on the committee that will represent thousands of creditors owed billions of dollars in WorldCom's bankruptcy. And WorldCom named John Dubel as its new chief financial officer and Gregory Rayburn as chief restructuring officer for the telephone and Internet service company's bid to reorganize. The Nasdaq Stock Market, meanwhile, announced it would delist the nearly worthless shares of WorldCom and its MCI long distance unit. The move, effective Tuesday, was blamed on the bankruptcy case and WorldCom's inability to stay up-to-date with the federal filings expected of public companies.
  • Qwest's acknowledgment of accounting problems could help the regional phone service provider restore investor trust, but analysts said big revisions in the bottom line for 2000 and 2001 could hurt the sale of a phone-directory business Qwest is counting on to reduce debt. The company will restate its financial results from 2000, when it acquired Baby Bell U S West, and 2001. The company announced Sunday that accounting policies were incorrectly applied in 1999, 2000 and 2001 totaling about $1.1 billion, or 18 percent of the company's optical capacity transactions during that time. Qwest said the errors caused it to book approximately $874 million as revenue for 2000 and 2001. The company also said it understated its expenses in 2001 by $113 million, but overstated them by $15 million in 2000.
  • Congressional investigators are examining now-bankrupt Enron Corp.'s ties with Merrill Lynch & Co., saying the nation's biggest brokerage firm knowingly participated in deals that Enron used to mask its true financial condition. The Justice Department is investigating one of the transactions in question, in which Enron sold an interest in barges in Nigeria to an offshore company established by Merrill Lynch, according to the brokerage and Senate sources. At issue is whether the transaction allowed Enron to artificially inflate its profits.
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