Bernard Ebbers

Bernard Ebbers
Bernard Ebbers
Born Bernard John Ebbers
(1941-08-27) August 27, 1941
Edmonton, Alberta, Canada
Criminal charge Securities fraud, conspiracy
Criminal penalty 25-year imprisonment
Criminal status Incarcerated
Spouse(s) Linda Pigott (m. 1968 - div. 1997)
Kristie Webb (m. 1999 - div. 2008)
Imprisoned at Oakdale Federal Correctional Institution, Louisiana

Bernard John "Bernie" Ebbers (born August 27, 1941) is a Canadian businessman who was convicted of fraud and conspiracy as a result of WorldCom's false financial reporting.[1]. He co-founded WorldCom and served as chief executive officer.

The WorldCom scandal was, until the Madoff schemes came to light in 2008, the largest accounting scandal in United States history. He is currently serving a 25-year prison term at the Federal Correctional Institution, Fort Worth, in Texas. In 2013, Portfolio.com and CNBC named Ebbers as the fifth-worst CEO in American history.[2] In 2009, Time named him the tenth most corrupt CEO of all time.[3]

Early life

Born to the family of a traveling salesman, Bernard Ebbers was the second of five children. He was born in Edmonton, Alberta, and his family also lived in California and New Mexico while he was growing up, before returning to Edmonton. After high school, Ebbers briefly attended the University of Alberta and Calvin College before enrolling at Mississippi College. During the time between schools he worked as a milkman and bouncer. While attending Mississippi College, Ebbers earned a basketball scholarship. An injury before his senior season prevented him from playing his final year. Instead of playing, he was assigned to coach the junior varsity team.[4]

In 1968 Ebbers married Linda Pigott, and the couple raised three daughters. Ebbers filed for divorce in July 1997 and married his second wife, Kristie Webb, in the spring of 1999. His second wife filed for divorce on April 16, 2008, less than two years after he entered prison.

Education and degrees

Business achievements

Ebbers began his business career operating a chain of motels in Mississippi. He joined with several other people in 1983 as investors in the newly formed Long Distance Discount Services, Inc. (LDDS). Two years later he was named chief executive of the corporation. The company acquired over 60 other independent telecommunications firms, changing its name to WorldCom in 1995. In 1996, WorldCom acquired MFS Communications, Inc., which itself had recently acquired UUNet and its Internet backbone. At the time, this $12 billion transaction was one of the largest corporate acquisitions in U.S. history, although it would soon be eclipsed by much larger deals, including WorldCom's proposed $40 billion acquisition of MCI.

Ebbers gained public notice on October 1, 1997, when he announced that WorldCom was making an unsolicited bid for MCI Communications. The successful acquisition of MCI was completed in September 1998. The fame from this accomplishment caused Ebbers to receive a number of accolades from the press, including:

  • Mississippi Business Hall of Fame (May 1995)[5]
  • Member of Wired 25 (November 1998)[6]
  • Being named to the 25 most powerful people in networking by Network World (January 4, 1999)[7]
  • Listing in the Time Digital 50 (September 27, 1999)[8]

In 1999, Ebbers announced that MCI WorldCom would acquire its rival Sprint Communications for over $115 billion. This transaction, however, was abandoned after U.S. and European antitrust regulators raised objections. This, combined with a general downturn in the telecom market, resulted in a downturn in WorldCom's stock price. Much of Ebbers' personal holdings were purchased with loans that had been backed by his WorldCom stock holdings. As the stock price declined he received a number of margin calls to provide additional collateral for these loans. In an effort to prevent Ebbers from having to sell his shares, the WorldCom board of directors authorized a series of loans and loan guarantees between September 2000 and April 2002.[9]

WorldCom announced the resignation of Ebbers on April 30, 2002. As part of his departure, Ebbers' loans were consolidated into a single $408.2 million promissory note.[9][10]

Personal holdings

At his peak in early 1999, Ebbers was worth an estimated $1.4 billion and listed at number 174 on the Forbes 400. His personal holdings included:[11]

  • Douglas Lake Canada's biggest ranch[12] - 500,000 acres (2,000 km²) in British Columbia. General partner/president. Acquired in 1998 for about $65 million. Sold on May 30, 2003, by MCI to E. Stanley Kroenke[13]
  • Angelina Plantation - 21,000 acres (85 km²) farm in Monterey, Louisiana. Co-owner with brother, John Ebbers. Acquired in 1998.
  • Joshua Holdings - which combined with Joshua Timberlands and Joshua Timber totals 540,000 acres (2,200 km²) of timberlands in Mississippi, Tennessee, Louisiana and Alabama. Majority owner. Acquired properties in 1999 for about $600 million
  • Pine Ridge Farm - Livestock and crop farm in Mississippi. Owner. LLC formed in 1997
  • Columbus Lumber - High-tech lumber mill in Brookhaven, Mississippi. Majority owner since at least 1996
  • Yachts - BCT Holdings, owner of Intermarine, a yacht building and repair company in Georgia. Primary owner. Intermarine acquired in 1998 for about $14 million
  • Hotels - Nine hotels in Mississippi and Tennessee: Co-owner or owner. Acquired over many years
  • Trucking - KLLM, a trucking firm in Mississippi. Director. Acquired with partner in 2000 for about $30 million. Its present President is K. William Grothe, who served as Senior Vice President of Corporate Development for WorldCom, where he headed the company's merger and acquisition activities. Grothe served as KLLM president until it neared bankruptcy under his leadership.
  • Sports - Mississippi Indoor Sports/Jackson Bandits, a minor league hockey team. 50% owner. Acquired in 1999. Sold stake in September 2003

Other activities

Bernard Ebbers served as chairman of the board of directors of the Competitive Telecommunications Association from 1993 through 1995. In 1997 he then became the chair for Mississippi College's New Dawn Campaign, a fund raising effort initially intended to provide $80 million that raised its goal to $100 million. In July 2001, Ebbers was proposed as the chair for the President's National Security Telecommunications Advisory Committee.[14]

Personality

Dubbed the "Telecom Cowboy,"[15] Ebbers was known for his unorthodox style. Instead of the typical corporate uniform of a suit and tie, he often wore boots and blue jeans.

While CEO of WorldCom, he was a member of the Easthaven Baptist Church in Brookhaven, Mississippi. As a high-profile member of the congregation, Ebbers regularly taught Sunday School and attended the morning worship service with his family. His faith was overt, and he often started corporate meetings with prayer.[16] When the allegations of conspiracy and fraud were first brought to light in 2002, Ebbers addressed the congregation and insisted on his innocence. "I just want you to know you aren't going to church with a crook," he said. "No one will find me to have knowingly committed fraud."[17][18]

Post-WorldCom

Ebbers resigned from WorldCom on 29 April 2002.[9] Some two months later, on June 25, 2002, WorldCom admitted to nearly $3.9 billion[19] in accounting misstatements (the figure eventually grew to $11 billion). This initiated a series of investigations and legal proceedings, which focused on Ebbers, WorldCom's former CEO.[16][20]

Congressional hearing

In response to a subpoena, Ebbers appeared before the U.S. House Committee on Financial Services on July 8, 2002. At these hearings Ebbers stated "I do not believe I have anything to hide, I believe that no one will conclude that I engaged in any criminal or fraudulent conduct."[19] After making this statement Ebbers asserted his Fifth Amendment right against self-incrimination.

Following his actions, Ebbers was threatened with contempt of Congress charges.[21] The basis of the allegation was that Ebbers' statement constituted testimony that could not be cross-examined. No charge of contempt was ever filed.

Criminal charges

On August 27, 2003, Oklahoma's Attorney General, Drew Edmondson, filed a 15-count indictment against Ebbers.[22] The indictment charged that he violated the state's securities laws by defrauding investors on multiple occasions between January 2001 and March 2002.[23] These charges were dropped, with the right to refile retained, on November 20, 2003.[24] An agreement to extend the statute of limitations on these charges, allowing Oklahoma prosecutors time to see the results of federal sentencing, was signed on March 30, 2005.[25]

Federal authorities indicted Ebbers with security fraud and conspiracy charges on March 2, 2004.[16][26] An amendment to the indictment, filed on May 25, 2004, increased the list of charges to nine felonies: one count each of conspiracy and securities fraud, and seven counts of filing false statements with securities regulators. Ebbers was found guilty of all charges on March 15, 2005.

On July 13, 2005, federal judge Barbara S. Jones, of the U.S. District Court, Southern District of New York in Manhattan, sentenced Ebbers to twenty-five years in a federal prison in Louisiana. Ebbers was allowed to remain free for another year while his appeal was being considered. His conviction was upheld in a federal circuit court on July 28, 2006.[27] On September 6, 2006, the presiding judge ordered him to report to jail[28] on September 26 to start serving his 25-year sentence. Ebbers reported to Oakdale Federal Correctional Institution in Oakdale, Louisiana, on September 26, 2006, driving himself to the prison in his Mercedes.[29] He is serving his sentence as inmate #56022-054 [30] in the low-security portion of the complex, which typically houses non-violent offenders and is built more like a school dormitory. The earliest date Ebbers can be released is in July 2028, at which time he will be aged 86.[31]

Civil suits

On October 11, 2002, WorldCom investors brought a class action civil lawsuit against Ebbers and other defendants, alleging injuries as a result of Ebbers' securities fraud violations.[32] Judge Denise Cote of the U.S. District Court for the Southern District of New York ordered the parties in the lawsuit to participate in settlement negotiations. On September 21, 2005, Judge Cote approved the settlement reached by the parties, and dismissed the lawsuit against Ebbers.[32] The parties agreed that Ebbers and his codefendants would distribute over $6.13 billion, plus interest, to over 830,000 individuals and institutions that had held stocks and bonds in WorldCom at the time of its collapse. Under the terms of the settlement, Ebbers agreed to relinquish a significant portion of his assets, including a lavish home in Mississippi, and his interests in a lumber company, a marina, a golf course, a hotel, and thousands of acres of forested real estate. On paper, Ebbers was left with an estimated $50,000 in known assets after settlement.[33]

References

  1. ↑ Jennifer Bayot (July 13, 2005). "Ebbers Sentenced to 25 Years in Prison for $11 Billion Fraud". The New York Times.
  2. ↑ "CNBC report on Ebbers". Cnbc.com. Retrieved 2013-07-07.
  3. ↑ "Criminal Executive Officer". Time Magazine. 2009-06-09. Retrieved 2009-10-20.
  4. ↑ Jeter, Lynne W. (2004). Disconnected: Deceit and Betrayal at WorldCom. John Wiley & Sons. p. 9. ISBN 9780471647478. Retrieved July 14, 2015.
  5. ↑ "Finance Conference 2000: The New Economy". Archived from the original on 2006-09-11. Retrieved 2006-08-11.
  6. ↑ "Bernie Ebbers Wants To Reach Out And Touch Everyone". Wired 6.11: The Wired 25. Wired. November 1998. Retrieved 2006-08-11.
  7. ↑ "Bernard Ebbers CEO, MCI Worldcom". The 25 most powerful people in networking. Network World. 1999-01-04. Archived from the original on 2008-12-03. Retrieved 2015-01-04.
  8. ↑ "26. Bernie Ebbers". TIME digital 50. TIME. 1999-09-27. Archived from the original on 2010-03-26. Retrieved 2015-01-03.
  9. 1 2 3 "Ebbers $400M in Loans from WorldCom". USAToday. usatoday30.usatoday.com. 2002-11-05. Retrieved 2013-06-01.
  10. ↑ "WorldCom quarterly report for the quarter ended March 31, 2002 (see item 5)". 2002-05-15. Retrieved 2015-01-04.
  11. ↑ O'Donnell, Jayne (2002-12-12). "Ebbers' high-risk act came crashing down on him". USA Today. usatoday.com. Retrieved 2013-07-07.
  12. ↑ Douglas Lake Ranch. "douglaslake.com". douglaslake.com. Retrieved 2013-07-07.
  13. ↑ "MCI CA". Global.mci.com. Archived from the original on 2004-05-07. Retrieved 2013-07-07.
  14. ↑ "President Bush Plans to Appoint WorldCom's Ebbers to NSTAC". National Communications System. 2001-07-16. Archived from the original on 2006-08-18. Retrieved 2006-08-11.
  15. ↑ "Photo of President and CEO of WorldCom Inc. Bernard J. Ebbers By Phillip Gould". BusinessWeek. 1997-10-13. Archived from the original on 2006-08-27. Retrieved 2006-08-11.
  16. 1 2 3 "Ebbers indicted, ex-CFO pleads guilty". CNN/Money. 2004-03-02. Retrieved 2006-08-11.
  17. ↑ Waller, Scott (2002-07-02). "Ebbers tells church members he's no crook". The Clarion-Ledger. Archived from the original on 2012-07-30. Retrieved 2006-08-11.
  18. ↑ Bole, William (2002-07-28). "Cheap Grace': Are Churches Giving Corporate Execs Free Moral Ride?". Pew Forum on Religion & Public Life. Archived from the original on January 7, 2006. Retrieved 2006-08-11.
  19. 1 2 Schoenberger, Robert (2002-07-09). "Former WorldCom execs invoke Fifth". The Clarion-Ledger. Archived from the original on 2012-07-13. Retrieved 2006-08-11.
  20. ↑ Farrell, Greg (2005-03-16). "Ebbers' luck runs out in sweeping victory for feds". USAToday. usatoday30.usatoday.com. Retrieved 2017-09-16.
  21. ↑ Schoenberger, Robert (2002-07-09). "Ebbers threatened with contempt". The Clarion-Ledger. Archived from the original on 2012-07-12. Retrieved 2006-08-11.
  22. ↑ Moritz, Scott (2003-08-27). "Judgment Day Coming Sooner for Ebbers". TheStreet.com. Archived from the original on 2013-02-04. Retrieved 2006-08-11.
  23. ↑ "Ebbers indictment" (PDF). FindLaw. 2003-08-27. Retrieved 2006-08-11.
  24. ↑ "Oklahoma 'drops' Ebbers charges". BBC News. 2003-11-20. Retrieved 2006-08-11.
  25. ↑ "Former WorldCom chief signs agreement over fraud charges". Associated Press. 2005-03-31. Archived from the original on November 18, 2005. Retrieved 2006-08-11.
  26. ↑ "U.S. charges ex-Worldcom CEO Bernard Ebbers; former Worldcom CFO Scott Sullivan pleads guilty". United States Department of Justice. 2004-03-24. Archived from the original on August 9, 2006. Retrieved 2006-08-11.
  27. ↑ "Appeals court upholds Ebbers conviction". USA Today. 2006-07-28. Retrieved 2006-08-12.
  28. ↑ 1010 WINS - On-Air, Online, On Demand
  29. ↑ Floyd, Nell Luter (2006-09-08). "Ebbers receives prison order". The Clarion-Ledger.
  30. ↑ "Inmate Locator". Retrieved 2007-11-12.
  31. ↑ "Reports to the medium-security Federal Correctional Institution in Oakdale, Louisiana". BBC. 2006-09-26. Retrieved 2006-09-26.
  32. 1 2 "Key Developments". WorldComlitigation.com. Retrieved 2006-08-11.
  33. ↑ http://usatoday30.usatoday.com/money/industries/telecom/2005-07-13-ebbers_x.htm
Bibliography
  • Cynthia Cooper (2008). Extraordinary Circumstances: The Journey of a Corporate Whistleblower. Wiley. ISBN 978-0-470-12429-1.
  • Lynne W. Jeter (2003). Disconnected: Deceit and Betrayal at WorldCom. Wiley. ISBN 0-471-42997-X.
  • "The New World Order". BusinessWeek. 1997-10-13.
  • "Bernie Ebbers, a 19th century-style tech tycoon?". Salon. 1999-10-06. Archived from the original on 2000-01-18.
  • First Interim Report of Dick Thornburgh, Bankruptcy Court Examiner, United States Bankruptcy Court for the Southern District of New York, In re WorldCom, Inc., Case No. 02-15533 (AJG) (November 4, 2002)
  • "PBS transcript". Frontline: the wall street fix: worldcom: the players. Retrieved March 15, 2005.
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