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Control Chatter                                                     December 2010
News that Control Professionals Need to Know


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In This Issue
Announcements
Corporate Governance Index Available
The Biggest CEO Screw-ups of 2010
Board Risk Oversight - A Progress Report (from COSO and Protiviti)
Bank Settles Complaint on Municipal Bonds
Auditors Face Fraud Charges
Feds use new tool
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Announcements
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On our redesigned website there is an announcement area for each of the main pages. Announcements are located just below the blue header. Check out the recent announcements at Internal Control Institute. Visit us often to keep up with the latest news in internal control and corporate governance.    

  

 

Editor's Note

The European Corporate Governance Institute has put together a very helpful index of Corporate Governance publications by country. Available for download. Check what is available from around the world

The Biggest CEO Screw-ups of 2010

Forbes.com

by Helen Coster

Tony Hayward takes the prize--but he was hardly alone in the realm of dumb executive behavior.

The financial crisis exposed, and in some cases led to, some remarkable examples of poor judgment by top chief executives. But this year as the economy has improved, so has CEO behavior--somewhat. No one claimed to be doing "God's work" in 2010 (cue Lloyd Blankfein) or invented 10,000 fictitious employees (Satyam Computer Services' B. Ramalinga Raju). But together chief executives made enough massive PR blunders--and engaged in enough dirty dealings--to remind us forcefully of their fallibility. With the disclaimer that all parties are innocent of actual crimes until proven guilty, here are the biggest CEO screw-ups of 2010.

Read the article 

See The Biggest CEO Screw-Ups of 2010 in Pictures

Board Risk Oversight - A Progress Report (from COSO and Protiviti) 

To develop deeper knowledge of the risk oversight process as it is applied by today's boards of directors, and to understand both the current state and desired future state of board risk oversight as viewed by directors, the Committee of Sponsoring Organizations of the Treadway Commission (COSO) commissioned Protiviti to conduct a survey regarding the risk oversight responsibilities of the board of directors and how those responsibilities are being performed. As detailed in this report, the results shed new light on how boards are fulfilling their risk oversight obligations, the maturity of their processes for meeting these responsibilities, and key areas offering opportunities for improvement as the risk oversight playbook evolves.Read the Board Risk Oversight Report

Bank of America Unit Settles Complaint on Municipal Bonds
By Edward Wyatt
Published: December 7, 2010

WASHINGTON - Banc of America Securities has agreed to pay $137 million to settle charges from the Securities and Exchange Commission and state and federal authorities related to its participation in a bid-rigging scheme in the municipal securities market as part of a continuing federal investigation.

The four-year old investigation has found "widespread corruption" in the markets for municipal reinvestments, Robert Khuzami, director of enforcement at the S.E.C., said Tuesday. In those markets, state and local governments and related entities take money that they have raised for public projects, temporarily parking it in securities like guaranteed investment contracts and repurchase agreements until the money was needed to pay for work done on the projects. Read the article

Auditors Face Fraud Charges
New York Set to Allege Ernst & Young Stood By as Lehman Cooked Its Books           
The Wallstreet Journal Business                                                                                                                            
 by Liz Rappaport and Michael Rapoport December 20, 2010

New York prosecutors are poised to file civil fraud charges against Ernst & Young for its alleged role in the collapse of Lehman Brothers, saying the Big Four accounting firm stood by while the investment bank misled investors about its financial health, people familiar with the matter said. State Attorney General Andrew Cuomo is close to filing the case, which would mark the first time a major accounting firm was targeted for its role in the financial crisis. The suit stems from transactions Lehman allegedly carried out to make its risk appear lower than it actually was. Lehman Brothers was long one of Ernst & Young's biggest clients, and the accounting firm earned approximately $100 million in fees for its auditing work from 2001 through 2008, Read the article

Feds use new tool to target ec-CEO

CSK Auto leader faces Sarbanes-Oxley lawsuit

by Betty Beard The Arizona Republic

The U.S. Securities and Exchange Commission is trying to collect about $4 million in bonuses and stock profits from the head of a former Phoenix-based auto-parts retailer because of financial misconduct - although he apparently had nothing to do with the wrongdoing. It's a case that has created a buzz among lawyers and sent chills through corporate boardrooms. The man being targeted, Maynard L. Jenkins, wasn't accused of fraud by the SEC and U.S. Justice Department, as were four other former employees of CSK Auto Corp....The misconduct at CSK involved accounting irregularities that occurred while Jenkins was in charge. The company twice had to restate its financial earnings, in 2005 and 2007, for multiple years.Jenkins was sued last year under the "claw back" provision of the Sarbanes-Oxley Act, which was enacted in 2002 in the wake of the Enron and other scandals. Sarbanes-Oxley was the first major overhaul of the federal securities laws since 1940. It allows the SEC to take back bonuses and stock profits that CEOs and chief financial officers earned during a time in which misconduct occurred. Read the article

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