The Regents - University of California | Office of The President
The Regents - University of California | Office of The President
The Regents - University of California | Office of The President
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
1<br />
2<br />
3<br />
4<br />
5<br />
6<br />
7<br />
8<br />
9<br />
10<br />
11<br />
12<br />
13<br />
14<br />
15<br />
16<br />
17<br />
18<br />
19<br />
20<br />
21<br />
22<br />
23<br />
24<br />
25<br />
26<br />
27<br />
28<br />
Defendants’ scheme to defraud and to maintain the illusion that WorldCom was a<br />
thriving company.<br />
D. 1999: <strong>The</strong> Proposed Sprint Merger<br />
42. In 1999, WorldCom announced an agreement to merge with<br />
telecommunications giant Sprint (the two companies approved the merger<br />
agreement on October 5, 1999). Andersen provided accounting, tax and<br />
consulting advice to WorldCom about the Sprint merger. Salomon acted as<br />
financial advisor to WorldCom in connection with the Sprint merger and received<br />
millions <strong>of</strong> dollars in fees. It stood to gain even more if the deal had been<br />
approved. <strong>The</strong> merger was touted by Grubman at Salomon.<br />
43. From December 1999 through February 2000, Plaintiff purchased<br />
WorldCom stock in reliance on the statements by Defendants concerning the<br />
WorldCom/Sprint merger. <strong>The</strong> merger was stopped by the Department <strong>of</strong> Justice<br />
because <strong>of</strong> antitrust concerns.<br />
44. Unbeknownst to the public, until 2002, WorldCom was depending on<br />
this merger to provide it with much needed revenue. <strong>The</strong> failure <strong>of</strong> the merger to<br />
go through posed significant problems for WorldCom and it needed to find<br />
another source <strong>of</strong> revenue to continue its scheme to defraud.<br />
E. 2001: Intermedia/Digex Merger<br />
45. In 2001, WorldCom acquired Intermedia Communications, Inc.<br />
including an interest in Digex, Inc., a leading provider <strong>of</strong> managed Web and<br />
application host services. <strong>The</strong> reported purchase price was $5.8 billion in stock<br />
and WorldCom assumed debt obligations <strong>of</strong> $2.4 billion<br />
46. By 2000, as a result <strong>of</strong> engaging in each <strong>of</strong> these acquisitions,<br />
WorldCom was the second largest long-distance telephone service carrier in the<br />
world. According to the First Interim Report <strong>of</strong> Dick Thornburgh, Bankruptcy<br />
Court Examiner <strong>of</strong> November 4, 2002, page 6:<br />
11<br />
COMPLAINT