This Washington Post article reports that at least 20 former partners KPMG LLP — including some who were members of its senior management team — have been informed by the Justice Department that they are targets of the criminal investigation into their role in selling tax shelters over the past decade. Here are the previous posts on the ongoing sagas involving KPMG and other auditors.
As noted in this prior post, the DOJ has been turning up the heat for some time on KPMG, and it is still unclear in my mind whether the firm can survive or will fall into the same trap that enveloped Arthur Andersen. Although it would seem unlikely that the DOJ would pursue an indictment of KPMG after its Arthur Andersen fiasco, experience tells me that this bunch does not always make rational decisions in such matters. As Professor Ribstein noted awhile back, it would be ironic if a truly good criminal case against KPMG (still not established yet) would be undermined by the Justice Department’s dubious handling of the prior case against Andersen.
Daily Archives: August 3, 2005
Redstone’s Tournament Course opens
Houston-based Redstone Companies‘ Tournament Golf Course — the new home course for the PGA Tour’s Shell Houston Open Golf Tournament — opened for play this week, and the Chronicle’s Doug Pike gives the 7,500 yard Rees Jones tract a stellar rating in this review. Inasmuch as the new course is central to the Houston Golf Association’s plan to revive the Shell Houston Open, which had one of its weakest fields in years during this year’s tournament — I am hopeful that the course turns out to be popular among both Tour players and the golfing public. I am scheduled to play the Tournament Course later this month, after which I will post a review, so stay tuned.
A note to Redstone Golf — the website for the Tournament Course is about as unimpressive as a website can be, with hyperlinks that do no work and a paucity of visuals of the product. Might want to spend a few bucks to upgrade that resource, which will be the first impression that many folks will have of the facility.
CNOOC folds on Unocal bid
The China National Offshore Oil Corp Ltd. announced yesterday that it is abandoning its effort to acquire second-tier U.S. exploration and production company Unocal Corp, paving the way for Unocal shareholders to accept Chevron’s competing bid. Here are the previous posts on the battle over Unocal.
Chevron clearly overwhelmed CNOOC in the political arena of this takeover battle, which ended up discounting the value of CNOOC’s superior all-cash bid because of concerns over whether CNOOC could close it anytime soon. Although there will likely be much hand-wringing over the impact to Sino-American economic relations as a result of CNOOC’s failed bid, the reality is that CNOOC screwed the pooch on this one.
Dynegy continues restructuring plan with big asset sale
Houston-based Dynegy, Inc. announced yesterday that it had agreed to sell its natural-gas-processing business for $2.48 billion to Houston-based Targa Resources Inc., the energy company that private-equity firm Warburg Pincus LLC founded. As a part of the deal, Targa Resources will also acquire Dynegy’s storage, transportation, distribution, fractionation and marketing assets.
With this sale, Dynegy becomes solely a power generator that would be a prime acquisition target of other energy companies. The sale is the latest move in a restructuring plan that Dynegy undertook after the company was nearly drawn into its own reorganization case in the the bankruptcy wake of its acquisition target Enron Corp. in late 2001. Last year, Dynegy sold its Illinois Power utility to St. Louis-based Ameren Corp. for $500 million in cash and $1.8 billion in assumed debt and preferred stock.
United Airlines continues to flounder in chapter 11
In a move that almost certainly means that its bankruptcy case filed in December, 2002 will extend well into 2006, United Airlines parent UAL Corp. announced Tuesday that it was delaying the filing its plan of reorganization with the U.S. Bankruptcy Court in Chicago after various interest groups in the case opposed the plan because of its overly aggressive timetable. It is symptomatic of the disheveled financial condition of the airline indurstry that a debtor-company’s creditors — as opposed to its management — are afraid to push the company out of bankruptcy too quickly. Here are previous posts that comment on the United Airlines saga.
Interestingly, United’s labor unions — one of interest groups that bears a substantial amount of responsibility for United’s bankruptcy in the first place — is largely responsible for the delay in United filing is plan and might just tip the reorganization process in such a way to strap United when it emerges from bankruptcy. Over the past few months, a number of private-equity firms and hedge funds have expressed interest in participating in the airline’s refinancing. However, the unions — which are among United’s largest unsecured creditors — prefer not to give up the equity in a reorganized United necessary to attract such private capital. Rather, the unions support a plan that would leverage the reorganized company with debt that would be used to pay a portion of unsecured creditors’ claims. Not surprisingly, United must overcome more than a little skepticism among institutional lenders that it is a prudent investment to risk loaning money to a highly-leveraged carrier coming out of bankruptcy and attempting to compete in the fiercely competitive airline industry.