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The Regents - University of California | Office of The President

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136. In June <strong>of</strong> 2002, the SEC sought civil injunctive relief against<br />

WorldCom (the SEC amended its complaint on November 5, 2002), and on July 2,<br />

2002, the federal court appointed a monitor to have oversight over all<br />

compensation paid by WorldCom.<br />

137. On July 8, 2002, the House Financial Services Committee held<br />

hearings into the WorldCom scandal. Ebbers and Sullivan exercised their 5 th<br />

Amendment right not to testify. Melvin Dick, former Andersen partner on the<br />

WorldCom engagement, and Jack Grubman, Salomon analyst, did testify.<br />

138. On July 21, 2002, WorldCom and almost all its United States<br />

subsidiaries filed for bankruptcy. <strong>The</strong> bankruptcy court approved the appointment<br />

<strong>of</strong> an examiner and Dick Thornburgh was appointed on August 6, 2002. He is<br />

charged with investigating the fraud and filing reports with the court. His First<br />

Interim Report was filed on November 8, 2002.<br />

139. On July 29, 2002, WorldCom’s stock delisted from NASDAQ.<br />

E. August 8, 2002 Announcement <strong>of</strong> Additional Restatement<br />

140. On August 8, 2002, WorldCom announced an additional restatement<br />

<strong>of</strong> its financial statements because it had improperly reported earnings <strong>of</strong> $3.3<br />

billion for 1999, 2000, 2001 and the first quarter <strong>of</strong> 2002. <strong>The</strong> company’s Press<br />

Release provided:<br />

WorldCom, Inc. today announced that its ongoing internal<br />

review <strong>of</strong> its financial statements has discovered an additional<br />

$3.3 billion in improperly reported earnings before interest,<br />

taxes, depreciation and amortization (EBITDA) for 1999, 2000,<br />

2001 and first quarter 2002. This amount is in addition to the<br />

previously reported $3.8 billion in overstated EBITDA in the<br />

year 2001 and first quarter 2002. As a result, WorldCom<br />

intends to restated its financial statements for 2001 and first<br />

quarter 2000.<br />

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COMPLAINT

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