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U.S. Attorney Strikes Down Adelphia

 

AP Wire
September 2002

Adelphia shares tumbled 99 percent since mid-March 2002.

Embattled telecom firm Adelphia Communications has fired the accountancy company that oversaw its books and told US regulatory officials it intends to restate its profits for the last two years.

The firm dismissed its accountants, Deloitte & Touche, for what it said were inaccuracies in its previous financial statements.

The move follows weeks of investigation by the Securities and Exchange Commission (SEC) and two federal grand juries.

Adelphia shares tumbled on Friday after press reports that the company may have kept two sets of accounting books and inflated the number of subscribers to its cable-television service.

'More doubts'

"The one thing Wall Street hates more than uncertainty is deception, and that's what we're talking about here," said Peter Andersen, an analyst at Delaware Management in Philadelphia.

In restating its profits, Adelphia said that in 2001, it actually made $1.2 billion (£820m), some 15% less than the $1.41 billion it had previously reported.

For 2000, Adelphia revised its profits downwards to $1.2bn from $1 billion, or 13 percent less than stated last year.

 

Future offices of Adelphia

Adelphia's future offices remain vacant. Adelphia also revised downward its number of cable-TV subscribers to 5.763 million from 5.810 million, a difference of about 47,000 viewers, but far fewer than the half million difference the Wall Street Journal reported on Friday.

"The subscriber shortfall further raises doubts in investors' minds about Adelphia's accounting elsewhere," said Bob Berzins, a bond analyst at Lehman Brothers.


Penny stock

The Pennsylvania-based firm blamed the disparity in subscriber numbers as well as the inflated profits statements on "inaccuracies in previously reported data."

Adelphia's brief filing with the SEC on Monday - less than 50 words - gave no reason for the firing of Deloitte & Touche, although the accountancy firm may itself become the focus of investigation as it put its stamp of approval on Adelphia's books.

In March, Adelphia disclosed it made $2.3bn in off-balance-sheet loans to the firm's founding family, the Rigas.

In late Monday morning trade in New York, Adelphia's shares were down 7 cents, or 23 percent, at 23 cents. The stock has lost more than three quarters of its value since mid-March.

The firm's stock is no longer traded on the Nasdaq exchange.

Late last month Nasdaq said Adelphia's failure to disclose financial statements for last year put it in breach of the exchanges rules.

Adelphia, the US' sixth-largest cable operator, is now traded an "over-the-counter" basis, meaning its shares are not listed on any exchange.

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February 26, 2007
By The Associated Press


Adelphia Communications fraud victims: Your day has finally come.

Shortly after Adelphia's four-year odyssey through the bankruptcy courts ended when its fifth plan of reorganization was approved Feb. 13, the federal government said it received more than $530 million from the company that it will distribute to victims of the cable operator's fraud.

Adelphia filed for Chapter 11 bankruptcy protection in June 2002, after an accounting scandal by its founding Rigas family sent the cable operator into a tailspin.

In July 2004, former Adelphia chairman John Rigas and his son, former chief financial officer Timothy Rigas, were convicted on several counts of fraud and conspiracy in a scheme the government said bilked the company out of billions of dollars for the Rigases' personal gain. T

he Rigases were sentenced to 15 years and 20 years in federal prison, respectively. They are appealing those convictions.

Adelphia agreed to sell its cable assets to Time Warner and Comcast in April 2005 for $17.4 billion in cash and stock in Time Warner Cable. Adelphia agreed in 2005 to forfeit about $715 million to the government to distribute to victims of the Rigas fraud as part of a nonprosecution agreement the company reached with the government.

In a press release Feb. 23, U.S. Attorney for the Southern District of New York Michael Garcia said the government has already received $200 million in cash and 9.5 million shares of Time Warner Cable stock valued at $332 million. About 60 days from that date, Adelphia will make a second distribution of Time Warner Cable shares to the government, bringing the total value of the stock transferred to about $400 million.

An additional $115 million will be provided as an interest in a litigation trust to be funded by Adelphia for certain claims. And an additional $70 million collected by the Securities and Exchange Commission in related civil actions will be distributed to victims.

Because of the large number of potential victims, the U.S. Attorney has appointed former Securities and Exchange Commission chairman Richard Breeden as special master to identify and notify potential victims, verify and process petitions and recommend pro rata distribution to the U.S. Attorney General.

According to the press release, potential victims and other interested persons may obtain further information by calling 1-866-446-4884, or by logging on to the Adelphia Victim Fund Web site http://www.adelphiafund.com.

Both the hotline and the Web site were established exclusively for the Adelphia case.

Copyright The Associated Press 2006. All Rights Reserved

***

 

Adelphia Communications Officials Charged with Fraud

AP Wire
Wednesday, 24 July, 2002

Five former officials of bankrupt cable-television firm Adelphia Communications have been arrested and charged with conspiracy to commit fraud, resulting from the firm's financial mis-dealings.In less than four years... they stole hundreds of millions of dollars and through their fraud and caused losses to investors of more than $60 billion.


"In less than four years, they stole hundreds of millions of dollars and through their fraud, caused losses to investors of more than $60 billion. Rigases engaged in brazen theft."

Larry Thompson,
assistant attorney general

Larry Thompson, assistant attorney general

Founder John Rigas and two of his sons were taken into custody by US postal service police early on Wednesday in Manhattan.

Two other former executives, James Brown and Michael Mulcahey were also arrested in Pennsylvania, where Adelphia's headquarters are located.

The five officials held key posts at the firm, the nation's sixth largest cable-TV outfit.
John Rigas, 77, served as chairman and CEO until his retirement on 15 May, while one son, Timothy, served as chief financial officer and another, Michael, as vice-president of operations.


'Millions stolen'

US officials from the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), speaking in Washington, said the actions of the former Adelphia officers led to tens of billions of dollars in losses to investors.

US officials filed a complaint in the Southern District of New York following an intensive three-and-a-half month investigation by the U.S. attorney's office and the US postal inspection service, said deputy attorney general Larry Thompson.

The complaint alleges that members of the Rigas family, who ran the corporation, systematically looted the corporation.

"In less than four years... they stole hundreds of millions of dollars and through their fraud and caused losses to investors of more than $60 billion," Mr Thompson said.

The DoJ also alleged the defendants intentionally submitted false information to lenders and made false statements to the public in order to maintain their failing company's stock price.

The defendants concealed $2.3 billion in loans, and misrepresented the company's financial performance and number of cable subscribers, the DoJ complaint said.

The DoJ said the Rigases engaged in "brazen thefts" that included $252 million to cover investments in the family's own brokerage accounts and used fraudulent documents and accounting tricks to obtain $420 million in Adelphia stock.

Mr Thompson also said John Rigas lent himself $66m from company funds without making required disclosures and spent $13 million on a golf course on his own land.

Task-force effort

Stephen Culter, director of enforcement at the SEC, accused Adelphia executives of "having perpetuated an egregious, multi-faceted fraud on the company's investors."

He said Adelphia officials "oversaw a massive effort to disguise and distort the companies financial picture and to engage in rampant self-dealing that enriched the Rigases at the expense of the shareholders they were supposed to be serving."

The SEC is seeking reimbursement of all funds and compensation from the former Adelphia executives listed in its complaint.

In addition, it seeks to bar any of the officials from serving as officers or directors at any US corporation as well as civil penalties that include the firm itself for its lack of cooperation during the investigation.

The federal indictments are the first since President George W Bush's corporate task force was formed two weeks ago, which seeks to coordinate efforts of various federal law-enforcement agencies to stamp out corporate fraud.

John Rigas, left, is led from New York's main post office building by U.S. postal inspector police. Rigas is accused of using his firm as a piggy bank


Bankrupt firm

Adelphia filed for bankruptcy in June 2002, following disclosure the firm engaged in dubious multi-billion deals leading to two grand jury probes and an investigation by the US Securities and Exchange Commission (SEC).

Adelphia's problems began in March 2002, when it admitted having guaranteed $2.3 billion in loans to the Rigas family, which then controlled the company.

The firm was founded in 1972 by John Rigas, who had transformed his cinema company to take advantage of the fledgling cable TV business.
Since March 2002, a series of questionable transactions between the family and the company have emerged.

As a result, all Rigas family members resigned from management positions and the Adelphia board of directors in May.

Adelphia, one of the largest issuers of junk bonds, is but one of a string of US firms under investigation for accounting irregularities that began last autumn when energy-trading giant Enron admitted it overstated profits by $600 million.

 

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