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Send to email | SEC Sues Crap Out of Former AOL Execs Kelly, Colburn, Et Al in TWX | By Silicon el 19-May-2008 |
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The SEC filed civil fraud charges against former AOL Time Warner CFO Mike Kelly, ad sales quarterback David Colburn, and 6 other former executives today, concluding an ancient investigation into behavior at AOL during the peak of the tech bubble (TWX). Four of the men settled (without admitting or denying the charges) and paid $8 million in fines and penalties. The others, including former AOL and Time Warner CFO Mike Kelly, vigorously deny the charges and will continue to fight.
The charges stem from ad deals in the last couple of years before AOL's collapse (2000-2202). The SEC alleged that the eight execs participated in a scheme that overstated revenue by more than $1 billion. David Colburn (above), long perceived as the architect of the alleged schemes, settled the allegations, paying about $4 million and accepting a 10-year ban from serving as a public-company officer or director. WSJ:
The SEC claims the scheme inflated online ad revenue, a key measure for
analysts and investors evaluating the company, from at least mid-2000
to mid-2002. In a civil lawsuit, filed in federal district court in
Manhattan, the SEC named former AOL Time Warner Chief Financial Officer
John Michael Kelly; Joseph Ripp, former CFO of the company's AOL
division; Steven Rindner, a former senior executive in the company's
business affairs unit; and Mark Wovsaniker, former head of accounting
policy
The SEC reached settlements in a separate lawsuit, also filed in
federal court in Manhattan on Monday, with former controller ames
MacGuidwin, and three former officials from the company's business
affairs unit. All four agreed to pay fines and return allegedly
ill-gotten gains, with interest. Mr. MacGuidwin agreed to be banned
from serving as a public company officer or director for seven years,
and David Colburn, the former head of the business affairs unit, agreed
to a 10-year ban, the SEC said. Mr. Colburn will pay disgorgement and
prejudgment interest of $3.2 million and a $750,000 penalty while Mr.
MacGuidwin will return $2.1 million and pay a $300,000 penalty,
according to the SEC.

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