Time Warner and AOL Settle Fraud Charges
NewsMax.com Wires
Wednesday, Dec. 15, 2004
WASHINGTON Time Warner Inc. has agreed to pay $210
million to settle securities fraud charges involving the company's
America Online unit, law enforcement officials said Wednesday.
Under terms of the settlement with the Justice Department,
prosecution on charges of aiding and abetting securities fraud will
be deferred provided that AOL and Time Warner cooperate in an
investigation into whether AOL improperly helped smaller
Internet companies artificially inflate their earnings.
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An independent monitor will be chosen to oversee AOL's
compliance and the company must agree to a number of changes in its
internal practices, said a Justice Department official who briefed
reporters on condition of anonymity.
Although no Time Warner or America Online executives have been
charged with wrongdoing, the Justice Department agreement does not
provide them with immunity, the official said.
Meantime, the Securities and Exchange Commission continues to
investigate accounting irregularities at AOL. The SEC probe
involves the manner that Time Warner accounted for a $400 million
payment from the German media company Bertelsmann AG and whether
that was used to inflate America Online's profits.
Last month, Time Warner set aside $500 million to cover the cost
of settling the SEC and Justice Department investigations.
Of the $210 million called for in the Justice Department's settlement, $60 million will go to the federal government in fines
and about $150 million will go into a compensation fund to pay for
settlements of civil lawsuits or other government actions arising
from the alleged fraud.
The criminal case has already resulted in guilty pleas from
executives at two companies: now-defunct Purchasepro.com of Las
Vegas and Homestore Inc. of Westlake Village, Calif.
Court documents in the Purchasepro case say that AOL received
inflated amounts of Purchasepro stock in 2000 for referring
business to the smaller company. In return, AOL agreed to reward
Purchasepro with revenue, allowing it to falsely inflate its
earnings, in the future for its Internet product, a "marketplace
license" that gave other businesses access to special online
deals.
Time Warner shares were up 30 cents, or 1.6 percent, at $19.68
in morning trading on the New York Stock Exchange.
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