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Correspondence The Committee on Energy and Commerce W.J. "Billy" Tauzin, Chairman Tauzin, Greenwood Want Details On SEC's Accounting Oversight July 2, 2002 The Honorable Harvey L. Pitt Dear Chairman Pitt: The
Committee on Energy and Commerce is undertaking a comprehensive review of the
propriety of financial statements by certain publicly traded companies.
The Committee is profoundly disturbed over the recent string of
allegations that companies such as WorldCom, Inc. ("WorldCom"), Tyco
International, Inc. ("Tyco"), Global Crossing Ltd. ("Global Crossing"),
Xerox Corporation ("Xerox") and Qwest Communications International, Inc.
("Qwest") may have engaged in questionable accounting practices that had the
effect of substantially enhancing their reported financial positions, and may
have failed to disclose information necessary for investors in these companies
to fully understand the true financial conditions of them.
In
accordance with our oversight obligations, we are conducting a full review of
the issues surrounding the allegations of accounting improprieties and financial
misrepresentation that have arisen in connection with the above-mentioned
companies. Accordingly, pursuant to
Rules X and XI of the U.S. House of Representatives, we request that the
Securities and Exchange Commission ("SEC") provide to the Committee the
information set forth below by Tuesday, July 9, 2002.
Question Nos. 1 though 5 are applicable to the five companies listed
above and the Committee requests that the SEC respond separately for each
company in the following order: WorldCom, Tyco, Global Crossing, Xerox and Qwest.
For
the period from January 1998 through the date upon which the SEC began its
current formal inquiry into the company, did the SEC review any of the 10-Qs
or 10-Ks filed by the company? If
so, identify the filings reviewed, provide a brief description of the
reviews conducted, and provide all records relating to such reviews. Identify
all inquiries or investigations, whether formal or informal, conducted by
the SEC of the company for the time period referenced in Question No. 1.
Include in your response the date the inquiry began and ended (if
applicable), and a description of the nature of the inquiry and any action
taken by the SEC at the end of the inquiry.
If the SEC did not take action against the company, provide an
explanation as to the reason(s) for the SEC's decision.
In addition, provide all records relating to any such inquiries or
investigations, including, but not limited to, all records relating to the
SEC's decision to issue a "closing letter" to Tyco in July 2000,
concerning an investigation announced by the SEC in December 1999. For
the time period referenced in Question No. 1, all records relating to
communications between or among the SEC, its Commissioners, officers, or
employees with respect to the company's accounting practices, disclosures,
or financial statements. For
the time period referenced in Question No. 1, all records relating to
communications between or among the SEC (including any of its Commissioners,
divisions, officers, or employees) and the company in question with respect
to the company's accounting practices, disclosures, or financial
statements. For
the time period referenced in Question No. 1, all records relating to any
proposed or actual adjustments by the company's internal or external
auditors to the company's filings submitted to the SEC. State
whether the SEC's procedures for initiating an inquiry or investigation of
a company have changed from January 1998 through the present, and, if so,
describe those changes and the time period during which such changes were
implemented. Describe
the SEC's procedures for determining whether to take action on an
investigation or inquiry. Include
in your response whether the decisional process has changed from January
1998 through the present, and, if so, describe those changes and the time
period during which such changes were implemented. Describe
the procedures that the SEC's Division of Corporation Finance uses for
determining what company filings they review in connection with an inquiry
or investigation. Include in
your response whether the procedural process has changed from January 1998
through the present, and, if so, describe those changes and the time period
during which such changes were implemented. Please
note that, for the purpose of responding to the above requests, the term
"WorldCom" means WorldCom, Inc., or one or more of its divisions,
subsidiaries or affiliates, or related entities; the term "Tyco" means Tyco
International, Inc., or one or more of its divisions, subsidiaries or
affiliates, or related entities; the term "Global Crossing" means Global
Crossing, Ltd., or one or more of its divisions, subsidiaries or affiliates, or
related entities; the term "Xerox" means Xerox Corp., or one of more of its
divisions, subsidiaries or affiliates, or related entities; and the term
"Qwest" means Qwest Communications International Inc., or one or more of its
divisions, subsidiaries or affiliates, or related entities.
Further, the terms "records" and "relating" should be interpreted
in accordance with the attachment to this letter Finally,
we request that the SEC provide to Committee staff by Wednesday July 10, 2002, a
briefing covering the details of the SEC's current investigations of WorldCom,
Xerox and Tyco. If you have any questions,
please contact Kelli Andrews, Majority Counsel, at
(202) 226-2424. Sincerely, W.J.
"Billy" Tauzin James
C. Greenwood
Cc:
The Honorable John D. Dingell, Ranking Member Related Documents
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