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Report: Siemens close to SEC corruption settlement
Business Law Info | 2008/12/11 18:48
Industrial conglomerate Siemens AG is close to reaching a settlement with U.S. and German authorities over its long-standing corruption scandal, daily Sueddeutsche Zeitung reported Thursday.

Munich-based Siemens would not comment on the report.

"We're hoping on an agreement with the SEC before Christmas," a Siemens supervisory board member told the newspaper, referring to the U.S. Securities and Exchange Commission. "If necessary, we'll meet December 23rd."

Siemens is subject to fines in the U.S. because it's also listed on the New York Stock Exchange.

Siemens, which makes everything from trains to light bulbs, was first rocked by claims of corruption in 2006. Evidence began to surface in 2007 and the company has since acknowledged dubious payments to secure business around the world of up to euro1.3 billion ($1.7 billion).

In November, Siemens said it had set aside approximately euro1 billion to be booked in the last quarter of its 2008 fiscal year for any settlements related to the case. The company's fiscal year ended in September.

Siemens has said including the provision last fiscal year, the total cost of the corruption scandal is about euro2.5 billion to date.



Government unveils plan to rescue Citigroup
Business Law Info | 2008/11/24 16:14
The government was weighing a plan on Sunday to rescue Citigroup Inc., whose stock has been hammered on worries about its financial health.

The Treasury Department and the Federal Reserve have been in discussions over the weekend to devise a strategy to stabilize the company, according to people familiar with the talks. They spoke on condition of anonymity because the discussions were ongoing.

One option being considered is taking some of the risky assets held by Citigroup off its balance sheet, a move that would give the company more breathing room and put it in a better position to raise capital. It was unclear, however, exactly how that option might be structured, the people said. Another option would be for the government to make another cash injection into the company.

A spokesman for New York-based Citigroup declined comment.

The company has seen its shares lose 60 percent of their value in the past week, reflecting a crisis of confidence among skittish investors. They are worried all the risky debt on Citigroup's balance sheet will turn into losses as the economy worsens and the markets stay turbulent — losses that could be nearly impossible to reverse.

Citigroup is such a large, interconnected player in the financial system that if it were to collapse it would wreak havoc on already fragile financial and economic conditions. The company has operations stretching around the globe in more than 100 countries.

Analysts consider Citigroup the most vulnerable among the major U.S. banks — especially after it failed to nab Wachovia Corp., which was bought instead by Wells Fargo & Co. That was a missed opportunity for Citi to gets its hands on much-needed U.S. deposits that would bolster its cash position.



Va. scientist pleads guilty to China tech sales
Business Law Info | 2008/11/20 10:17
A Virginia scientist pleaded guilty Monday to selling rocket technology to China and bribing Chinese officials to secure a lucrative contract for his high-tech company.

Quan-Sheng Shu, 68, pleaded guilty to two counts of violating the federal Arms Control Act and one count of bribery at a hearing in U.S. District Court in Norfolk.

Shu is president of AMAC International Inc. of Newport News. He is a naturalized U.S. citizen who was born in Shanghai.

Prosecutors said Shu, an expert in cryogenics, sold technology to China for the development of hydrogen-propelled rockets.

The Chinese government is developing a space launch facility in the southern island province of Hainan that will house liquid-propelled launch vehicles designed to send space stations and satellites into orbit.

Shu also was charged with bribing Chinese officials to award a $4 million hydrogen liquefier contract to a French company acting as an AMAC intermediary.

Shu received more than $386,000 in commissions for securing the contract, authorities said. He already had agreed to forfeit that money. His company also has offices in Beijing.

The scientist and his wife refused to comment as they left the courtroom. As part of the plea agreement, prosecutors agreed not to prosecute his wife for the role she allegedly played in the scheme.

Shu faces up to 10 years on each arms count and five years for the bribery charge and fines of up to $2.5 million. Sentencing is scheduled for April 6.

Assistant U.S. Attorney Alan M. Salsbury said Shu's conviction was the result of an ongoing FBI investigation, but he declined further comment after the hearing.

Federal authorities in recent years have prosecuted more than a dozen cases of either traditional spying or economic espionage related to China. U.S. officials have warned in the last year of increasing espionage efforts by Beijing.



W.Va. court accepts appeals in $400m DuPont case
Business Law Info | 2008/09/26 08:14
West Virginia's Supreme Court has agreed to a full review of appeals arising from a nearly $400 million judgment against DuPont.

A Harrison County jury awarded the damages to residents last year, after finding the chemical giant downplayed and lied about health threats at a former zinc smelting plant in Spelter.

The high court accepted DuPont's appeal of the verdicts, and of the circuit judge's order holding it liable for the conduct of the site's previous owner.

They've been combined with an appeal from the plaintiffs, who want more people compensated for private property cleanups.

The consolidated argument hearing has not been set.

Justice Robin Davis voted to refuse each of the appeals.

Gov. Joe Manchin had urged the justices to accept the case, citing its $196 million punitive damage award.



Comcast appeals FCC Web traffic-blocking decision
Business Law Info | 2008/09/05 16:26
Comcast Corp. is appealing an FCC ruling that the company is improperly blocking customers' Web traffic, triggering a legal battle that could determine the extent of the government's authority to regulate the Internet.

In a precedent-setting move, a divided Federal Communications Commission last month determined that the company is violating a federal policy that guarantees unfettered access to the Internet.

Comcast challenged the FCC decision Thursday in the U.S. District Court of Appeals in Washington.

Comcast executive vice president David L. Cohen said in a statement that the company is seeking "review and reversal" of the FCC order and that the commission's action was "legally inappropriate and its findings were not justified by the record."

The Comcast case arose from complaints by users of a type of "file-sharing" software often used to download large data files, usually video.

Tests by The Associated Press and others found that file-sharing transmissions were aborting prematurely. It was later discovered that the company was cutting off transfers without informing customers.



Merrill, Goldman pressured by Cuomo on auction-rate debt
Business Law Info | 2008/08/21 08:43

Merrill Lynch & Co. and Goldman Sachs Group Inc. face increased pressure by New York State Attorney General Andrew Cuomo to settle claims they misled investors on auction-rate debt as Wachovia Corp. agreed to buy back $9 billion of the bonds.

Merrill's prior offer to repurchase $10 billion of the securities was inadequate and the firm may face ``imminent'' legal action, Cuomo said yesterday.

New York has subpoenaed about 25 firms involved in sales of auction-rate securities, including five that then settled. Goldman is among the firms being probed, he said.

Wachovia joined Citigroup Inc., Morgan Stanley, JPMorgan Chase & Co. and UBS AG in settlements stemming from a nationwide investigation into why auction-rate securities were marketed as safe as cash until the $330 billion market collapsed. Regulators have sought auction-rate buybacks for customers, reimbursement for consumers forced to sell securities at prices below face value and relief for institutional investors.



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