Author: Joe Petrucelli

  • Caveman and Gorilla

    I use cartoons throughout  the book to serve as symbols. This cartoon is intended to be symbolic of  the existence of greed from the time of the caveman to the present day.  The cartoon also demonstrates that the use of force, by the 800 Pound Friendly Gorilla, is not necessary if you develop the proper environment in which to communicate. Lastly, frauds are often as simple as the caveman using his club.

    Throughout the book I continually use  the artistic talents of James Lee (book artist) to capture my ideas through cartoons and pictures. What does the cartoon symbolize to you?

  • Hewlett Packard blames $8.8b charge on accounting at acquired firm

    NEW YORK (AP) — Hewlett-Packard Co. said on Tuesday that it’s the victim of a multi-billion dollar fraud at the hands of a British company it bought last year that lied about its finances.

    HP CEO Meg Whitman said executives at Autonomy Corporation PLC “willfully” boosted the company’s figures through various accounting tricks, which convinced HP to pay $9.7 billion for the company in October 2011.

    Autonomy’s former CEO said HP’s allegations are false.

    Hewlett Packard is now taking an $8.8 billion charge to align Autonomy’s purchase price with what Hewlett Packard now says is its real value. More than $5 billion of that charge is due to false accounting, Hewlett Packard says.

    The revelation is another blow for Hewlett Packard, which is struggling to reinvent itself as PC and printer sales shrink. The company’s stock hit a 10-year low in morning trading.

    Among other things, Autonomy makes search engines that help companies find vital information stored across computer networks. Acquiring it was part of an attempt by HP to strengthen its portfolio of high-value products and services for corporations and government agencies. The deal was approved by Whitman’s predecessor, Leo Apotheker, but closed three weeks into Whitman’s tenure as chief executive. Whitman was a member of HP’s board of directors when Apotheker initiated the Autonomy purchase.

    Among the tricks used at Autonomy, Whitman said: The company had been booking the sale of computers as software revenue and claiming the cost of making the machines as a marketing expense. Revenue from long-term contracts was booked up front, instead of over time.

    The allegations are serious, according to accounting experts.

    “According to GAAP (generally accepted accounting principles), the overstatement of revenue under any tax code is illegal,” said Mark Williams, a finance professor at Boston University and a former bank examiner for the Federal Reserve.

    As a result of its alleged accounting practices, Autonomy appeared to be more profitable than it was and seemed to be growing its core software business faster than was actually the case. The moves were apparently designed to groom the company for an acquisition, Whitman said.

    Once HP bought the company, Autonomy’s reported revenue growth and profit margin quickly declined. Autonomy CEO Mike Lynch continued to run the company as part of HP, but Whitman forced him out on May 23 because it was not living up to expectations.

    “Little did I know that there was more than met the eye,” Whitman said.

    With Lynch gone, a senior Autonomy executive volunteered information about the alleged accounting irregularities, prompting an internal investigation, Whitman said.

    The case has been referred to the U.S. Securities and Exchange Commission and the UK’s Serious Fraud Office, she said. The company will also try to recoup some of the cash it paid for Autonomy through lawsuits.

    In a statement to the Financial Times, Lynch said “The former management team of Autonomy was shocked to see this statement today, and flatly rejects these allegations, which are false.”

    “It took 10 years to build Autonomy’s industry-leading technology and it is sad to see how it has been mismanaged since its acquisition by HP,” he added.

    On a conference call with Whitman following the earnings report, analyst Ben Reitzes of Barclays Capital asked who will be held responsible internally for the disastrous acquisition.

    Whitman answered that the two executives who should have been held responsible — Apotheker and strategy chief Shane Robison — are gone. But the deal was also approved by the board of directors.

    “Most of the board was here and voted for this deal, and we feel terribly about that,” Whitman said. “What I will say is that the board relied on audited financials. Audited by Deloitte — not ‘Brand X’ accounting firm, but Deloitte. During our very extensive due diligence process, we hired KPMG to audit Deloitte. And neither of them saw what we now see after someone came forward to point us in the right direction.”

    Apotheker told The Associated Press on Tuesday that he was “stunned and disappointed” to learn of the allegations against Autonomy, and pointed out that they had gone undiscovered by HP’s auditors, executives and directors.

    Deloitte UK said it could not comment on the matter because of client confidentiality rules.

    Whitman said she still views Autonomy as a “growth engine for HP software,” albeit a weaker one than initially thought. HP has been attempting to morph itself into a company that not only makes computer hardware but one that delivers software and services, too.

    HP’s stock dipped $1.59, or 12 percent, to close at $11.71 in Tuesday’s trading. Just after the market’s open, the stock hit $11.35, its lowest level since 2002.

    HP’s net loss for the fiscal fourth quarter, which ended Oct. 31, amounted to $6.85 billion, or $3.49 per share. That compares with net income of $239 million, or 12 cents per share, in the same period last year.

    It was the second mammoth loss in a row for HP. In the third fiscal quarter, it lost a record $8.86 billion, or $4.49 per share. That was due to a charge for another acquisition — that of Electronic Data Systems, a technology consulting service that it bought for $13 billion in 2009. In that case, HP didn’t blame improper accounting, just results that didn’t live up to expectations.

    Excluding the charges in the latest quarter, HP earned $1.16 per share in the latest quarter, just above the average analyst forecast of $1.14 per share, as polled by FactSet.

    HP’s revenue was $30.0 billion, down 7 percent from last year. That was below analyst expectations at $30.5 billion.

    The Palo Alto, Calif., company stuck to its previously given earnings forecast for the fiscal year that just started, but it issued a forecast for this quarter that was well below analyst expectations. It expects earnings, excluding items, to be 68 cents to 71 cents per share, while analysts were looking for 85 cents, according to FactSet.

    Business Week

  • Former employees of Edison law firm admit embezzling more than $788,000

    Two former employees of an Edison-based law firm admitted to conspiring to defraud their former employer by improperly diverting more than $788,000 from the law firm, U.S. Attorney Paul J. Fishman said in a news release on Monday.

    Marla Deptula, 45, of Sayreville pleaded guilty to one count of conspiracy to commit mail fraud and one count of subscribing to a false tax return, officials said. Rose L. Crabbe, 31, of Plainfield pleaded guilty to one count of conspiracy to commit mail fraud, the release said. Both defendants entered their guilty pleas before U.S. District Judge Peter G. Sheridan in Trenton federal court.

    According to documents filed in the case and statements made in court, Deptula and Crabbe each admitted that between February 2005 and September 2007, they conspired to embezzle, and embezzled from their former employer by wrongfully writing checks from the law firm’s trust and business accounts to themselves and their personal creditors to pay for their personal expenses, including credit card bills, real estate taxes and child care expenses.

    Deptula and Crabbe then mailed some of the checks to their personal creditors. They further admitted to attempting to hide their theft by altering the payee information in the law firm’s accounting records, the release said.

    Deptula, who had access to the law firm’s bank accounts in order to perform her duties as a secretary in the law firm’s real estate section, used that access to divert more than $788,000 from the attorney trust and business accounts for her and Crabbe’s personal benefit. Deptula received the vast majority of the stolen funds and failed to report any of the income on her federal tax returns, officials said.

    The conspiracy count to which Deptula and Crabbe pleaded guilty is punishable by a maximum potential penalty of 20 years in prison and a fine of $250,000 or twice the gross gain or loss from the offense. The tax count to which Deptula pleaded guilty carries a maximum potential penalty of three years in prison and a fine of $250,000 or twice the gross gain or loss from the offense. Sentencing is scheduled for Feb. 25, 2013.

    Fishman credited special agents of the U.S. Postal Inspection Service, under the direction of Philip R. Bartlett; the IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Shantelle P. Kitchen, and the Middlesex County Prosecutor’s Office, under the direction of Prosecutor Bruce J. Kaplan, for the investigation leading to the guilty pleas.

    MyCentralJersey.com

  • Ex-Dixon comptroller pleads guilty in $53 million scam

    Rita Crundwell is led away by her attorney Paul Gaziano after pleading guilty in Federal Court.A former longtime treasurer of Dixon pleaded guilty today to fraud in federal court in Rockford for stealing $53 million from the coffers of the small northwestern Illinois city over two decades.

    Rita Crundwell will remain free on her own recognizance until her sentencing on Feb. 14.

    When asked her plea to the one count of wire fraud, Crundwell responded quietly, “Guilty.”

    Crundwell admitted to stealing the $53 million since 1990 and using the money to finance her championship quarter-horse business and a lavish lifestyle.

    As part of her guilty plea, she also admitted she engaged in illegal money laundering.

    Under federal sentencing guidelines, prosecutors believe Crundwell faces up to 19 ½ years in prison, while Crundwell’s lawyers contend she faces no more than 15 ½ years.

    Federal prosecutors had sought to have Crundwell taken into custody.

    In arguing to keep her free pending sentencing, her attorney, Paul Gaziano said, “She’s worked hard with the government.”

    But the 25-page plea agreement gave no indication that Crundwell was officially cooperating with federal authorities.

    Crundwell still faces 60 fraud counts in Lee County criminal court. Gaziano said he did not know how those charges would be handled in light of Crundwell’s guilty plea on the lone federal count.

    Since her arrest in April, Crundwell has agreed to the sale of her assets so that some of the lost money can be repaid to Dixon, bext known as the boyhood home of President Ronald Reagan.

    So far, about $7.4 million has been raised by auctioning off about 400 quarter horses, a luxury motor home  and other equipment. Additional auctions are planned.

    After court, Gaziano said that, with her guilty plea, Crundwell is “saving the government the burden and the expense of a lengthy trial.”

    “Rita since the day of her arrest has worked with the government to accomplish the sale of her assets including her beloved horses all with the goal of hoping to recoup the losses for the city of Dixon,” Gaziano added as he wrapped his arm around Crundwell outside the courthouse. “I think the people of the city of Dixon ought to know that.”

    Gaziano wouldn’t take questions from a throng of reporters, and Crundwell had nothing to say before entering a black truck and being driven off.

    At a press conference after the guilty plea, Acting U.S. Attorney Gary Shapiro, a veteran prosecutor in Chicago, called Crundwell’s embezzlement “one of the most significant  abuses of public trust I’ve ever seen in Illinois.” He also referred to Crundwell’s “incredible avarice.”

    “If nothing else what we have in this case is an object lesson in how not to manage public funds,” he said. “This is a crime that never should have been allowed to occur.”

    Chicago Tribune