SEC fines Halliburton (U.S. VP Cheney's old company)

Hi,

I just read an article in the NY Times concerning an investigation by the SEC into Halliburton’s accounting practices during U.S. Vice President Cheney’s time there as CEO (prior to 2000). It is below in full text. I would normally have included it by reference and a link only, but in this case, that would have required each viewer to register with that website.

In short, the results of the investigation were that 1) Halliburton changed a significant accounting practice that enabled them to report substantially higher earnings, 2) the change was legal, 3) H didn’t tell investors and that was illegal, and 4) apparently Cheney was not responsible for failing to disclose this information to investors.

I’m interested in comments on one part in particular. Halliburton was fined USD 7.5 million. I understand that the company’s profits were the same, in reality, whether they reported them high or low. However, somehow Halliburton benefited from reporting them higher. Clearly they benefitted by increased investor and general market confidence. However, those benefits must, somehow, have translated into financial gains.

That said, I’m wondering how to estimate the amount of “financial gain” that Halliburton likely received from this new reporting method, and then to compare that with the SEC-mandated fine of USD 7.5 million for breaking the law.

Intuitively, I feel like their financial reward was much, much higher than $7.5 million. For sake of conversation, let’s say $100 million. If so, then Halliburton can look at this entire situation as a different type of business “investment” – gross revenue of $100M with expenses of $7.5 million.

Comments (other than "Damn, that article made his post really long!)?

Seeker4

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Halliburton Settles S.E.C. Accusations
By FLOYD NORRIS

Published: August 4, 2004 - New York Times (online)

The Halliburton Company secretly changed its accounting practices when Vice President Dick Cheney was its chief executive, the Securities and Exchange Commission said yesterday as it fined the company $7.5 million and brought actions against two former financial officials.

The commission said the accounting change enabled Halliburton, one of the nation’s largest energy services companies, to report annual earnings in 1998 that were 46 percent higher than they would have been had the change not been made. It also allowed the company to report a substantially higher profit in 1999, the commission said.

The commission did not say that Mr. Cheney acted improperly, and the papers released by the commission did not detail the extent to which he was aware of the change or of the requirement to disclose it to investors. The S.E.C. said that Mr. Cheney had testified under oath and had “cooperated willingly and fully in the investigation conducted by the commission’s career staff.”

A lawyer for Mr. Cheney, Terrence O’Donnell, said the vice president’s "conduct as C.E.O. of Halliburton was proper in all respects,’’ adding that the S.E.C. "investigated this matter very, very thoroughly and did not find any responsibility for nondisclosure at the board level or the C.E.O. level.’’

Mr. O’Donnell, a partner at Williams & Connolly in Washington, declined to answer a question as to whether Mr. Cheney had been aware of the effect of the accounting change on the company’s profits.

The accounting change dealt with the way Halliburton booked cost overruns on projects. At the time, it was having large cost overruns on projects in the Middle East operated by its Brown & Root Energy Services business, which under its old accounting policy would have reduced its reported profit.

The actual change in accounting, the commission said, was permissible under generally accepted accounting principles, but the failure to inform investors that the change had been made - and of its effect on the company’s reported profit - violated securities laws.

“At bottom, what this case is about is insuring that investors understand the numbers,” said Stephen M. Cutler, the S.E.C.'s enforcement director. “If you change methodologies and don’t explain that, then investors are not going to understand what they are seeing.”

Halliburton’s former controller, Robert C. Muchmore Jr., agreed to settle the S.E.C. action by accepting an order to cease and desist from further violations of securities laws and to pay $50,000. Neither he nor the company admitted or denied the commission’s accusations. The company also accepted a cease-and-desist order.

Gary V. Morris, who was the chief financial officer at the time the actions took place, did not settle. The commission filed a civil lawsuit against him in Federal District Court in Houston.

A lawyer for Mr. Muchmore declined to comment while one for Mr. Morris did not return phone calls.

David J. Lesar, who succeeded Mr. Cheney as chief executive in 2000, said, “We are pleased to bring closure to this matter.”

The commission said the $7.5 million penalty paid by Halliburton “reflects the commission’s view that there were unacceptable lapses in the company’s conduct during the course of the investigation, which had the effect of delaying the production of information and documentation necessary to the staff’s expeditious completion of its investigation.”

Until the second quarter of 1998, Halliburton had dealt with cost overruns on projects by taking a loss for the amount of the overrun unless and until the company that it was working for agreed to pay part or all of the overrun. But confronted with a large overrun on a fixed-fee project to build a gas production plant in the Middle East - the commission did not say in which country - Halliburton changed its policy so that it would record the income it thought the customer would eventually agree to pay.

That change in policy was not disclosed until March 2000, when the company filed its 1999 annual report with the S.E.C. The commission said that pretax profit for all of 1998 was reported at $278.8 million, 46 percent more than the $190.9 million that would have been reported under the old accounting.

The first three quarters of 1999 also had earnings that were about $40 million higher than they would have been, although the percentage increases were smaller.

At the time the accounting was changed, Halliburton was preparing to merge with Dresser Industries and was dealing with a decline in the company’s share price partly caused by slumping oil prices. It reported a 34 percent gain in profit for the quarter, far better than other oil services companies were reporting, and Mr. Cheney said then that “Halliburton continues to make good financial progress despite uncertainties over future oil demand.”

The commission said yesterday that the gain would have been just 6.7 percent without the undisclosed change in accounting policies.

In a call with analysts at the time, the company said that profit at Brown & Root Energy Services rose 40 percent during the quarter but did not disclose that the operation would have reported a loss had it not changed its accounting practices.

Halliburton’s reported profits for the quarter exceeded analysts’ estimates but would have fallen far short of them had the change not been made, the S.E.C. said. Nonetheless, the company took a cautious tone in that conference call, leading analysts to cut profit estimates and causing the stock to fall $3, to $37.88.

Halliburton said yesterday that it would take a $7.5 million charge in the second quarter of this year to reflect the penalty it agreed to pay. That will increase the per-share loss previously reported by a penny, to 13 cents.

Shares of Halliburton rose 8 cents yesterday, to $31.38.

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Halliburton should be getting into trouble for their failure to supply our troops with the equipment and supplies they need. They’re raking in the big bucks on their “no-bid” deals courtesy the VP office… and they don’t even care that Americans are dying in droves because of their failures.

There is absolutely no accountability for anybody linked to the Bush administration.

While I think it is likely that Halliburton benefited from Cheney’s current job, I don’t see the connection. Halliburton is in the oil and gas business. How could it have failed to provide military equipment and supplies? How could it have had that responsibility in the first place?

Seeker4

seeker4: the company that provides supplies to the soldiers is a Halliburton subsidiary.

Halliburton

[quote=“mofangongren”]seeker4: the company that provides supplies to the soldiers is a Halliburton subsidiary.

Halliburton

I noticed in the Taipei Times yesterday that Halliburton was fined US$7.5 million and did not admit wrong doing to settle the case. This was a huge headline with a full length story. Down in the other business news on the same page, Bristol Myers Squibb was fined US$75 million by the SEC. How is this lesser news given that the amount is 10 times greater?

Check it out yourselves in yesterday’s Aug. 5 Taipei Times business section.

[quote=“fred smith”]I noticed in the Taipei Times yesterday that Halliburton was fined US$7.5 million and did not admit wrong doing to settle the case. This was a huge headline with a full length story. Down in the other business news on the same page, Bristol Myers Squibb was fined US$75 million by the SEC. How is this lesser news given that the amount is 10 times greater?

Check it out yourselves in yesterday’s Aug. 5 Taipei Times business section.[/quote]
It is comforting to know that no matter how corrupt the Bush admistration is, you can always find somebody worse.

[quote=“fred smith”]I noticed in the Taipei Times yesterday that Halliburton was fined US$7.5 million and did not admit wrong doing to settle the case. This was a huge headline with a full length story. Down in the other business news on the same page, Bristol Myers Squibb was fined US$75 million by the SEC. How is this lesser news given that the amount is 10 times greater?
[/quote]

Because that’s the way the media works: the focus is always on what the media deems topical. It has never been otherwise. It will remain so, unless someone decides to control the media output.

Fred, are you saying that Bristol Myers Squibb’s malfeasance is somehow related to thousands of wounded and dead American soldiers in Iraq?? I think Halliburton gets a lot more attention because they’re so closely tied to the Veep’s office.

Funny how the relationship was so close that Bush’s people had to lie about how the Veep had no connection to the awarding of the no-bid contract for Iraq reconstruction to Halliburton – until they were caught out on the emails floating about that showed Cheney was in on the deal. Cheney still gets paychecks from Halliburton.