The pair had sued saying they were unfairly deprived of their constitutional right to present a defense when the prosecution refused to show them notes from an internal investigation of their conduct. The N.Y. Supreme Court ruled that they weren't entitled to the notes and that decision was left intact.
Tyco posts
FeedDennis Kozlowski's appeal rejected by Supreme Court
The pair had sued saying they were unfairly deprived of their constitutional right to present a defense when the prosecution refused to show them notes from an internal investigation of their conduct. The N.Y. Supreme Court ruled that they weren't entitled to the notes and that decision was left intact.
Continue reading Dennis Kozlowski's appeal rejected by Supreme Court
The week in preview: High hopes for MasterCard, Avon, Aflac, Northrop Grumman
If you've been watching earnings this past week, or if you read last week's Week in Preview, then this coming week may leave you feeling a bit like Bill Murray in Groundhog's Day. That is, again analysts surveyed by Thomson Reuters expect earnings declines to be more frequent and deeper than earnings gains.
Motorola Inc. (NYSE: MOT), Dow Chemical Co. (NYSE: DOW), Anadarko Petroleum Corp. (NYSE: APC), IAC Interactivecorp (NASDAQ: IACI), Moody's Corp. (NYSE: MCO), Elizabeth Arden Inc. (NASDAQ: RDEN), Devon Energy Corp. (NYSE: DVN), Diebold Inc. (NYSE: DBD), Tyco International Ltd. (NYSE: TYC), United Parcel Service (NYSE: UPS), Cisco Systems Inc. (NASDAQ: CSCO), Polo Ralph Lauren Corp. (NYSE: RL), ITT Corp. (NYSE: ITT), and Walt Disney Co. (NYSE: DIS) are scheduled to report quarterly results this week, and they're all expected to report double-digit declines in earnings.
But again this week, let's take a look who Wall Street feels may have done well in the past quarter.
Continue reading The week in preview: High hopes for MasterCard, Avon, Aflac, Northrop Grumman
Financial Felons: Where are they now and is there a next generation coming?
We recently presented a look at some of the most notorious financial felons of contemporary times.
Since then, news has included the indictment of Mark Cuban for insider trading in a case that is somewhat reminiscent of Martha Stewart's case. According to the SEC, the billionaire entrepreneur asked his broker to sell all his shares of Mamma.com after the company's CEO confidentially told him of an impending stock offering that would dilute the value of all existing shares. By selling before the information became public, Cuban is said to have sidestepped losses of more than $750,000. Cuban insists, though, that no agreement existed to keep the information confidential.
And then there was the indictment in Texas of Vice President Dick Cheney, along with former U.S. Attorney General Alberto Gonzales and others. There seems to be a conflict of interest between the vice president's influence on the federal agency that oversees federal immigration detention centers and his substantial holdings in Vanguard Group, which invests in private prison companies. But does the lame-duck county district attorney, who was a no-show in court, have the authority to bring charges against federal officials with regard to federally run institutions?
Continue reading Financial Felons: Where are they now and is there a next generation coming?
Financial Felons: Dennis Kozlowski
This post is part of a feature in which he wonder whatever happened to some notorious financial felons. See all 17.
In 2005, Dennis Kozlowski was convicted of misappropriating more than $400 million in company funds from Tyco International (NYSE: TYC). He had been Tyco's CEO from 1992 to 2002, during which he oversaw a massive expansion of the company through a series of strategic mergers and acquisitions. But he left the company amid controversy about his extravagant compensation package.
Though found guilty of grand larceny, Kozlowski continues to deny that he committed any crime. He feels that he was unfairly punished for his "embarrassingly big" pay package, as he once put it, as well as his extravagant lifestyle. That lifestyle included such things as $6,000 shower curtains and $15,000 umbrella stands, as well as a $2 million birthday party complete with togas, Jimmy Buffett, a cake with exploding breasts, and a stature of David that peed vodka. Oh, and the party was also "shareholder meeting" so Tyco could help foot the bill. (The home where this party occurred is now for sale for a mere $16.5 million, if you're interested.)
Earnings highlights: Walmart, Google, Intel, P&G, Sirius, Blackstone and others
Here are some highlights from this past week's earnings coverage from BloggingStocks:
- Abercrombie & Fitch Co. (NYSE: ANF) reported lower quarterly profits and cut its full-year outlook.
- Applied Materials Inc. (NASDAQ: AMAT) beat Q4 earnings expectations but revenues tumbled.
- Blackstone Group (NYSE: BX) reported a big loss in Q3, like many other private equity firms.
- Crocs Inc. (NASDAQ: CROX) posted a deeper-than-estimated Q3 net loss due to restructuring costs.
- Cypress Semiconductor Corp. (NYSE: CY) warned that it expects to swing to a net loss in Q4.
- Google Inc. (NASDAQ: GOOG) fell to a three-year-low despite expected growth in profits and revenues.
- Intel Corp. (NASDAQ: INTC) lowered its revenue forecast for Q4, which was bad news for PC makers.
- Kohl's Corp. (NYSE: KSS) beat low earnings expectations by a penny as same-store sales declined.
- Lions Gate Entertainment Corp. (NYSE: LGF) narrowed its net loss in Q2 but fell short of estimates.
- Nordstrom Inc. (NYSE: JWN) said its Q3 profit tumbled as its same-store-sales declined.
- Orbitz Wordlwide Inc. (NYSE: OWW) reported a wider net loss, which led to a analyst's downgrade.
- Procter & Gamble Co. (NYSE: PG) raised its forecasts after finalizing the sale of Folgers brand.
- Sirius XM Radio Inc. (NASDAQ: SIRI) halved its Q3 net loss and revenues and subscriber numbers rose.
- TJX Companies Inc. (NYSE: TJX) reported a Q3 earnings decline and offered a cautious outlook.
- Tyco International Ltd. (NYSE: TYC) posted better-than-expected profits but warned of softness ahead.
- Walmart Stores Inc. (NYSE: WMT) beat analyst estimates for Q3 and warned of a profit squeeze.
Continue reading Earnings highlights: Walmart, Google, Intel, P&G, Sirius, Blackstone and others
Former Tyco CEO slashes price on Nantucket estate
If you're in the market for some new digs on Nantucket -- and you have $16.45 million -- former Tyco CEO and current inmate number 05A4820 Dennis Kozlowski has got a deal for you.The Wall Street Journal reports (subscription required) that he has cut the price on the estate from $23 million, but that's still a pretty good return on the $5 million he paid for it in 1997. You can take a look at the listing for the property here and it's pretty spectacular: 16 rooms, 7,000 square feet and plenty of fireplaces, limestone and marble. Rent out the guest cottage to help pay the mortgage!
The home is being sold unfurnished which is a shame given that Kozlowski once spent $6,000 on a shower curtain and $15,000 on a "dog umbrella stand." Then there was the birthday party for his wife that included togas, vodka-spouting statues of David, Jimmy Buffett, and a cake with exploding breasts. The party cost $2 million, and Tyco paid for half of it.
To see a behind bars interview with Kozlowski, check out this fascinating clip from 60 Minutes.
Free Dennis Kozlowski! Former Tyco chief pursues appeal
As despicable of a character as Kozlowski is, he doesn't belong in prison: Tyco was a corporate governance train wreck, and he was essentially jailed for being paid an obscene amount of money. Tyco was not a massive securities fraud and, in fact, has produced solid returns for its shareholders.
One of the flaws with the Tyco case -- and it extends into media coverage of corporate governance today -- is that it held an executive responsible for gross negligence on the part of the board of directors. By throwing Kozlowski in jail and writing him off as a crook, the real threat to shareholders was essentially let of the hook: complacent and compliant directors at public companies.
Free Dennis Kozlowski, stop wasting taxpayer money imprisoning someone who was more reflective of an era than evil, and move onto bigger battles.
Earnings highlights: Fannie Mae, Time Warner, P&G, Playboy, News Corp. and others
Here are some highlights from this past week's earnings coverage from BloggingStocks:
- American International Group Inc. (NYSE: AIG) blamed another big loss on housing and credit markets.
- Barrett Business Services Inc. (NASDAQ: BBSI) beat Q2 estimates and raised its Q3 guidance.
- Fannie Mae (NYSE: FNM) Q2 loss was three times more than analysts had predicted.
- Freddie Mac (NYSE: FRE) big loss was due to loan write-offs, but revenue rose 10%.
- HSBC Holdings PLC (NYSE: HBC) reported a drop in profit and warned of more difficulties to come.
- InterContinental Exchange (NYSE: ICE) posted Q2 results that were in line with Wall Street expectations.
- Marvel Entertainment Inc. (NYSE: MVL) posted strong Q2 results on Iron Man and Incredible Hulk movies.
- Midway Games Inc. (NYSE: MWY) widened its Q2 net loss as revenues slumped.
- News Corp. (NYSE: NWS) posted strong Q4 results on asset gains, and warned of slower growth.
- Playboy Enterprises Inc. (NYSE: PLA) posted a worse-than-expected Q2 loss despite cost controls.
- Procter & Gamble Co. (NYSE: PG) healthy Q4 and full-year results beat analysts' expectations.
- RadiSys Corp. (NASDAQ: RSYS) easily beat Q2 expectations on strong demand for wireless products.
- Time Warner Inc. (NYSE: TWX) net income slumped on declining AOL subscriber fees (see transcript).
- Tyco International Ltd. (NYSE: TYC) beat Q3 earnings expectations and raised its full-year guidance.
- Whole Foods Market International (NASDAQ: WFMI) posted dismal results and suspended its dividend.
Continue reading Earnings highlights: Fannie Mae, Time Warner, P&G, Playboy, News Corp. and others
While market has lost its fire, arson is on the rise
I don't know about you, but I'm tired of watching all the red on the screen. Everyday we're faced with doomsday predictions facing the real estate market, the credit crunch, rising inflation, natural disasters, and my favorite, the Iranian threat facing the entire world.Bloomberg is out with a story this morning that details the soaring arson rate in foreclosed homes around the U.S. As foreclosed homes are vacated, arson rates are on the rise. Not surprisingly, the highest arson rates are in the states with the highest foreclosure rates.
According to Bloomberg, "Last year, fires in vacant Nevada buildings increased 4 percent from a year earlier." Local officials think that number may grow this year. Bloomerg further states, "The state had the worst foreclosure rate in the U.S. during the first quarter, with one filing for every 54 households, according to data compiled by RealtyTrac Inc. The national rate was one filing per 194 households, analysts at the Irvine, California company said."
How can investors play this without taking out policies on their neighbors' houses? Investors may want to look at Tyco International (NYSE: TYC). Yes, that same company that had corporate execs dipping both hands into the cookie jar and spending on lavish parties, apartments, umbrella stands -- all during the excesses of the late 1990's. Well, the company is a leader in Fire and Safety products: everything from sprinkler systems in office buildings to its ADT division, a leading alarm monitoring firm.
The stock hasn't done much after the company broke itself up into three separate, publicly traded companies. It's pretty diversified in its products and does have a lot of exposure to the building industry -- so, a prolonged downturn in the housing industry could affect the firm. But it's got some world class products, a global sales and marketing infrastructure and is diversified in its businesses to capture global growth.
Hopefully, it won't crash and burn like the foreclosed, U.S. homeowner.
Zack Miller is the managing editor of IsraelNewsletter.com and a former equity analyst for a leading multinational hedge fund. Author is long TYC stock.
Earnings highlights: Countrywide, Visa, MasterCard, KBR, Office Depot and others
Here are some highlights from this past week's earnings coverage from BloggingStocks:
- Allegiant Travel Co. (NASDAQ: ALGT) beat estimates with soaring Q1 revenues, bucking the airline trend.
- Apache Corp. (NYSE: APA) Q1 profits doubled but fell short of expectations.
- Avon Products Inc. (NYSE: AVP) posted solid Q1 results despite negative operational cash flow.
- Centex Corp. (NYSE: CTX) posted a Q4 loss well below analyst estimates.
- Cigna Corp. (NYSE: CI) profits plunged in the first quarter on litigation charges.
- Countrywide Financial Corp. (NYSE: CFC) posted another big loss, way off estimates of a small profit.
- Deutsche Bank AG (NYSE: DB) posted its first quarterly loss since 2003 on write-downs.
- Gardner Denver Inc. (NYSE: GDI) beat Q1 expectations and raised its outlook for the year.
- International Paper Co. (NYSE: IP) fell short of Wall Street's Q1 earnings estimates.
- Jacobs Engineering Group Inc. (NYSE: JEC) beat Q1 estimates and offered fully-year guidance.
- KBR Inc. (NYSE: KBR) Q1 profit more than doubled on arbitration benefit.
- MasterCard Inc. (NYSE: MA) topped analysts' expectations as Q1 profits more than doubled.
- Office Depot Inc. (NYSE: ODP) Q1 profits tumbled 55% but still beat analysts' estimates.
Continue reading Earnings highlights: Countrywide, Visa, MasterCard, KBR, Office Depot and others
'American Greed' profiles Tyco's Dennis Kozlowski
Of the executive bad boys who gained infamy during the early 2000s -- executives at Enron and Worldcom being the most prominent -- Tyco's (NYSE: TYC) Dennis Kozlowski is perhaps the most complex story. For one, the company is still public, sporting a $20 billion market cap, plus another $15 billion for its spin-off, Tyco Electronics (NYSE: TEL).This made Kozlowski an interesting choice for a profile on American Greed, which had thus far profiled now-defunct entities exclusively.
Kozlowski comes across as a greedy scoundrel -- fraudulently evading over $1 million in taxes on his art collection, using corporate assets to buy personal items, in spite of his frequent 9-figure paydays, and just generally acting like a pretty typical late 90's imperial CEO. Corporate governance at the company was a total joke, with one director reaping an 8-figure payday for arranging one meeting that led to a deal.
In the end, Kozlowski ended up in prison for 22 counts of grand larceny and defrauding shareholders out of more than $400 million. He has maintained that there was no criminal intent, and that the bonuses were authorized by the company's board of directors.
Still -- Tyco was never exposed as an accounting fraud on the same scale that companies like Enron and Worldcom were and, while Deal-a-Day Dennis was too aggressive in his pursuit of acquisitions, a lot of other companies were too, and the stock has appreciated more than 5-fold since he became CEO in 2002.
All that aside, the Kozlowski story definitely fits in the category of "American Greed", even if the Tyco debacle falls short as a "scam." This is definitely the best look at it I've seen so far; be sure to check your local listing for the replays.
To learn more about Kozlowski, take a look at the terrific website CNBC has set up.
Earnings highlights: Wal-Mart, Home Depot, Starbucks, and others
Here are some highlights of this past week's earnings coverage from BloggingStocks:
- Agilent Technologies Inc. (NYSE: A) beat expectations in both earnings and revenues.
- Bob Evans Farms Inc. (NASDAQ: BOBE) beat estimates despite rising labor and commodities costs.
- Cimatron Ltd. (NASDAQ: CIMT) reported record revenues and improved profits.
- FedEx Corp. (NYSE: FDX) cut its outlook, leading the share price to a 52-week low.
- Fossil Inc. (NASDAQ: FOSL) had a strong quarter due to international sales and cost cutting.
- Home Depot Inc. (NYSE: HD) profits declined due to the housing slowdown.
- JCPenney Co. (NYSE: JCP) beat low expectations despite it first profit decline in three quarters.
- PepsiCo Inc. (NYSE: PEP), reaffirmed its full-year forecast after the recent restructuring announcement.
- Sotheby's (NYSE: BID) narrowed its losses, due largely to higher auction and private sale commissions.
- Starbucks Corp. (NASDAQ: SBUX) met expectations but lowered its guidance.
- Tandy Brands Accessories Inc. (NASDAQ: TBAC) posted losses due to overreliance on a single customer.
- TJX Cos. (NYSE: TJX) fell short of expectations but offered sunny full-year guidance.
- Tyco International Ltd. (NYSE: TYC) beat expectations and offered "cautiously optimistic" outlook.
- Wal-Mart Stores Inc. (NYSE: WMT) beat estimates on improved U.S. performance and international growth.
Jim Cramer offers three tests for financial stocks. Zac Bissonnette examines the relationship between earnings and the number of press releases generated by a company.
Upcoming results to watch for include: Hewlett-Packard Co. (NYSE: HPQ), Target Corp. (NYSE: TGT), Whole Foods Market (NASDAQ: WFMI), Abercrombie & Fitch Co. (NYSE: ANF), Gap Inc. (NYSE: GPS), and Deere & Co. (NYSE: DE).
Free Dennis Kozlowski? Sure, why not?
The late 1990's and first part of the millennium showed corporate governance in America at its lowest ebb. Imperial CEOs ran their companies like personal fiefdoms, and board of directors were supine, taking care of their companies about as well as Britney Spears took care of her kids. And the poster child of it all, former Tyco International Ltd. (NYSE: TYC) CEO Dennis Kozlowski, he of the $6,000 shower curtain and vodka-spitting penis of David, is in prison.
But as Dan Ackman pointed out (subscription required) in The Wall Street Journal yesterday, he may not really belong there: "Kozlowski wasn't convicted for overspending, nor for defrauding investors -- the most common charges leveled against corrupt CEOs. He was convicted instead of grand larceny, that is, of stealing his bonuses, which were certainly over-sized. But even if you believe the worst about Kozlowski and his co-defendant former Tyco CFO Mark Swartz, they were paid according to a contract, and that is not stealing."
Kozlowski appears to have been jailed as a scapegoat for an era that most of us wish hadn't happened. Kozlowski's lawyers are attempting to have the conviction overturned (subscription required) on appeal, and that looks like the right thing to do. If the board had done something even remotely close to its job, none of this would have happened. Kozlowski should not be punished for receiving a completely outrageous pay package, and behaving in the manner that CEOs were expected to behave in at the time.
Analyst upgrades: AEO, CVS, ODP, WPPGY and PXLW
MOST NOTEWORTHY: American Eagle, CVS/Caremark, Office Depot, WPP Group and Pixelworks were today's noteworthy upgrades:- American Eagle Outfitters Inc (NYSE: AEO) was upgraded to Outperform from Market Perform at Wachovia, as the firm believes momentum from a strong Spring/Summer can carry into the fall/Holiday seasons.
- JP Morgan views CVS/Caremark Corporation (NYSE: CVS) as the most sophisticated healthcare offering, the largest PBM, and has first mover advantage. The firm upgraded shares to Overweight from Neutral.
- JP Morgan also upgraded shares of Office Depot Inc (NYSE: ODP) to Overweight from Neutral based on valuation and potential turnaround.
- Morgan Stanley upgraded WPP Group (NASDAQ: WPPGY) to Overweight from Equal Weight as they believe the company can still meet its profit forecasts and margin goals in a slowing global economy.
- Jefferies upgraded shares of Pixelworks Inc (NASDAQ: PXLW) to Hold from Underperform on valuation as they no longer believe the risk/reward favors shorting at these levels.
- Stifel upgraded Tempur Pedic International (NYSE: TPX) to Buy from Hold.
- Merrill upgraded Tyco Electronics (NYSE: TEL) to Buy from Neutral.
- BB&T upgraded Celanese Corporation (NYSE: CE) to Buy from Hold.
- CIT Group Inc (NYSE: CIT) was upgraded to Outperform from Neutral at Credit Suisse.
Analyst initiations: WX, MYGN, CYPB and KNOL
MOST NOTEWORTHY: Aerospace stocks, WuXi Pharma, Myriad Genetics, Cypress Bioscience and Knology were today's noteworthy initiations:- LYON initiated shares of aerospace stocks including Goodrich Corporation (NYSE: GR), TransDigm Group Inc (NYSE: TDG) and Triumph Group Incorporated (NYSE: TGI) with Add ratings and a $74 target, $45 target and $90 target, respectively.
- WuXi Pharmatech (NYSE: WX) was started with a Hold rating and $29 target at Jefferies on valuation. JP Morgan started shares with a Neutral rating and Credit Suisse initiated shares with an Outperform rating.
- Myriad Genetics Inc (NASDAQ: MYGN) was started with a Hold rating and $50 target at Citigroup, as the firm is cautious on the Phase III Flurizan results and does not recommend putting new money here at these levels.
- Citigroup also initiated shares of Cypress Biosciences Inc (NASDAQ: CYPB) with a Buy rating and $22 target as the firm believes Milnacipran has sufficient database for approval and is capable of gaining meaningful market share as firstline therapy.
- Knology Inc (NASDAQ: KNOL) was initiated with a Buy rating and $25 target at BWS Financial, as the firm believes the company's growth potential is greater than other cable companies through a business plan that allows it to have operations in all regions of the U.S.
- Wachovia resumed coverage of Liberty Media Corporation (NASDAQ: LCAPA) with an Outperform rating.
- Northwest Airlines Corporation (NYSE: NWA) and Delta Air Lines Inc (NYSE: DAL) were initiated with Overweight ratings at JP Morgan.
- Thomas Weisel started shares of Tyco Electronics (NYSE: TEL) with a Market Weight rating.
- Goldman initiated shares of Electronic Arts Inc (NASDAQ: ERTS) and Activision Inc (NASDAQ: ATVI) with Buy ratings and THQ Inc (NASDAQ: THQI) with a Neutral rating.



