SEC settles with former Tyco exec, charges 2 others

Legal News Center

Former Tyco executive Richard "Skip" Heger reached a $450,000 settlement on financial reporting and record-keeping charges, the US Securities and Exchange Commission announced  Thursday. The charges are connected to a fraud case in which Tyco agreed to pay a $50 million civil penalty and a $1 disgorgement fee for fraudulent accounting procedures used between 1996 through 2002. Heger, who at the time was in charge of the company's fire and security services division finances, was accused of approving financial results that he knew, or should have known, were inflated; he reached the settlement without entering a plea on the charges. Two other former executives, Richard Power and Edward Federman, were charged with fraud in overstating Tyco's operating income by hundreds of millions of dollars through the use of a sham transaction.

In the sham transaction, Tyco imposed a $200 “dealer connection fee” that it purportedly required independent dealers to pay. Tyco simultaneously increased the price it paid each dealer by the same $200, the SEC said. The transaction had no economic substance, but boosted income because the connection fee was recognised immediately as income and the $200 dealer payment was treated as a capital expenditure that was amortised over 10 years, the SEC said.

The April settlement allowed Tyco to avoid admitting any of the allegations in the SEC's complaint. According to the SEC, Tyco executives inflated key figures - including its operating income by more than $567 million and its cash flow by $719 million - in official reports to the SEC. Former Tyco CEO Dennis Kozlowski and former CFO Mark Swartz were found guilty of looting the company and its shareholders out of more than $150 million in unauthorized personal compensation, and have been sentenced to prison for 8 to 25 years. The company still faces a likely onslaught of shareholder litigation, which analysts predict could cost the company up to $4 billion.

The SEC said that PricewaterhouseCoopers LLP, Tyco’s outside accountant, raised concerns about the $200 payment to dealers. In response, Tyco stopped calling the $200 payment a “growth bonus” and repackaged the payment as a $200 increase in the purchase price for each monitoring contract, the SEC said.

Related listings

  • State to pay legal fees in video-game lawsuit

    State to pay legal fees in video-game lawsuit

    Legal News Center 12/19/2006

    Gov. Rod Blagojevich's administration told a federal judge Monday night that it will pay legal fees in a lost lawsuit over video-game restrictions by late January.Lawyers for Blagojevich and Atty. Gen. Lisa Madigan said they had decided to pay the $5...

  • Violent crime still on rise, FBI data show

    Violent crime still on rise, FBI data show

    Legal News Center 12/18/2006

    [##_1L|1346722233.gif|width="196" height="140" alt=""|_##]Violent crime in the US increased during the first half of 2006 when compared with the same period in 2005, according to the FBI's Preliminary Semiannual Uniform Crime Report  released Mo...

  • Florida governor suspends all executions

    Florida governor suspends all executions

    Legal News Center 12/16/2006

    Florida Governor Jeb Bush suspended all executions in the state Friday after a medical examiner said that the execution of Angel Diaz earlier this week was botched. Diaz endured a 34-minute-long execution and medical examiner Dr. William Hamilton sai...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

Business News

New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read