Anna Nicole’s a winner

Anna Nicole3.jpgAs predicted earlier here, the U.S. Supreme Court ruled unanimously Monday that Anna Nicole Smith could pursue a tort claim in federal court that Anna Nicole’s bankruptcy estate owned and asserted against her late husband’s son and executor, J. Howard Marshall III.
The Court’s syllabus is here, Justice Ginsburg’s opinion is here, and Justice Stevens concurrence is here. Bankruptcy guru Steve Jakubowski breaks down the decision here and don’t miss Peter Lattman’s post on Dahlia Lithwickís clever Slate article on the opinion.

The bloom is definitely off the USC rose

pete_carroll_300.jpgAlthough the University of Southern California football program has had a pretty good run under Coach Pete Carroll over the past several years, there is little question that events over this past weekend have confirmed that the USC program is in full-blown retreat mode.
The warning signs began appearing immediately after the Texas Longhorns beat the Trojans in the BCS National Championship Game in early January. This hilarious Bill Simmons article after that game revived the “Coach Fredo” (after the frustrated oldest son of the Corleone Family) nickname for Carroll that East Coast pundits had tagged him with during his less-than-stellar coaching stints with the New York Jets and New England Patriots.
But that was nothing compared to what has occurred over the past couple of weeks in the run-up to this year’s NFL draft of college football players. As this NY Times article reports, it started about a week ago with various media outlets reporting that Reggie Bush’s family had been in a house owned by a San Diego man who was hoping to handle Bush’s marketing work, which prompted Bush and his handlers to make some ill-advised public comments. That resulted in the owner of the house disclosing publicly that he had made over $100,000 in cash payments to the Bush family and that he plans to file a $3.2 million lawsuit against Bush for fraudulently inducing Michaels to spend more than $300,000 under the premise that his sports marketing company would be representing Bush.
Inasmuch as those allegations, if even half-true, would be major violations of multiple NCAA rules and regulations, that giant sucking sound you hear is the Trojans’ 2004 National Champtionship Trophy beginning to be pulled back to NCAA headquarters in Indianapolis.
But that wasn’t all.

Continue reading

Former Patterson-UTI CFO cops plea deal

Pattersonlogo6.jpgThese previous posts reported on the unusual case of Jonathan D. “Jody” Nelson, the former chief financial officer of Snyder, Texas (between Abilene and Lubbock)-based Patterson-UTI Energy, Inc., one of the largest land-based drilling contractors in the U.S.
Early last November, the 36 year-old Nelson resigned for “personal reasons” and, a day later, he made a regulatory filing of his intent to unload about $13 million of Patterson stock. That disclosure prompted the company to make a public announcement that it was investigating a “former executive” in connection with the alleged embezzlement of over $70 million from the company, which was followed a week or two later by the Securities and Exchange Commission commencing a lawsuit to freeze Nelson’s assets. A day later, Nelson was named in a federal criminal complaint accusing him of falsely certifying an SEC report.
Well, Clear Thinkers favorite Peter Henning reports that Nelson has finally admitted to the scam and entered into a plea deal with federal prosecutors. This press release from the U.S. Attorney’s Office for the Norther District of Texas confirms that Nelson pled guilty last Thursday in Lubbock federal court to one count of wire fraud and aiding and abetting, and one count of engaging in monetary transactions derived from specified unlawful activity and aiding and abetting. Nelson faces a maximum sentence of 30 years in prison and a $500,000 fine.
Nelson’s scam was accomplished through through a bogus invoice scheme that had shell companies under his control receive Patterson-UTI money, which Nelson then spent on an airplane, an airfield, a cattle ranch, a truck stop, homes and vehicles. In case you were wondering, PriceWaterhouseCoopers, LLP. were the auditors who failed to notice that a 36 year-old CFO of the company was living rather large, at least by Snyder, Texas standards.

OTC.2006

OTC.jpgIt’s not easy finding a hotel room in Houston this week, and the reason is not the influx of media-types for the Lay-Skilling trial.
The Offshore Technology Conference — one of Houston’s oldest and largest annual conventions — begins today at the Reliant Park convention facilities. As over 50,000 engineers and industry executives descend upon Houston this week for the conference, more than 2,000 exhibitors from about 30 countries will fill nearly every cranny of the almost 500,000 square feet of exhibit space at Reliant Center.
The OTC covers state-of-the-art technology for offshore drilling, exploration, production, and environmental protection, and it is the world energy industry’s foremost event for the development of offshore resources. This is the 37th straight year that industry engineers, technicians, executives, operators, scientists, and managers have gathered in Houston for the OTC, and the conference’s exhibit floor on the floor of Reliant Stadium — including massive and specialized equipment and technological devices used in the extraction of oil and gas from offshore locations — is one of the more fascinating that you will ever see at any convention.
Although the OTC is an industry conference rather than one that caters to the masses, the OTC has always been interesting in that it tends to mirror the state of the local Houston economy. During the early 1970’s through the early 1980’s, the conference boomed as increased global demand for energy and Middle East embargoes ratched up the price of oil. After conference attendance topped out at almost 110,000 in 1982, the prolonged bust in the energy industry in the mid-1980’s resulted in substantially decreased attendance, as in 1984 when the conference was held without an exhibition of equipment and technology at all. In the late 1980’s, the expense of putting on the conference even prompted some industry participants to question whether the convention had become an overpriced luxury.
Nevertheless, over the past 15 years or so, the OTC has grown steadily to regain its stature as one of the key annual oil and gas industry conferences, and last year’s attendance of more than 50,000 was the highest since the 1982 record. A pass to the exhibit hall is usually easy to obtain, so check it out if you have a chance. It’s well worth the effort.