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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 09:07 AM
Original message
Halliburton/KBR Fire Sale: IPO Planned for Tomorrow/James Baker Revs the Getaway Car
Edited on Tue Nov-14-06 09:59 AM by CorpGovActivist
A short while ago, I sent the following to my trusted MSM contacts, and to the securities analysts who cover Halliburton. Edited OP now includes letter to SEC Staff Attorneys, too.
*****************************************************************************************

Subject: Research Analysts' Faulty/Self-Interested Due Diligence on Halliburton/KBR IPO

From: [email protected]
Date: Tue, Nov 14, 2006 8:56 am
To: [email protected]
Cc: [email protected]

Ladies and Gentlemen:

At the closing bell today, Halliburton, BakerBotts LLP, and the underwriters for the KBR IPO plan to establish an offering price for tomorrow's planned fire sale of KBR.

As some of you now realize, the expedited timing of Halliburton's planned fire sale - coming on the heels of last week's election, and coinciding with the re-emergence of James Addison Baker III - is no coincidence. Other Halliburton/KBR whistleblowers and I have spent countless hours on Capitol Hill, with Federal law enforcement investigators, etc., detailing the inner workings of the Halliburton/KBR shell game.

Perhaps thinking that this transition period is their last, best chance to complete the deal without real scrutiny, Halliburton and its self-interested legal and other advisors have not only pulled this deal off the back burner - they've made it a top priority.

The Federal securities laws permit the filing of a motion for an injunction, to seek to prevent an imminent violation of said securities laws. It is my position that Halliburton/KBR has omitted material information from the filings pertaining to its offering.

Accordingly, if you are a member of the media on today's bcc: list:

1. Please let me know if you would like to receive a copy of the Complaint and application for an injunction.
2. Please let me know if you would like a copy of the e-mail addresses and phone numbers of the analysts who follow Halliburton.

Accordingly, if you are an analyst on today's bcc: list - particularly one affiliated with the principal underwriters of the proposed spinoff of KBR - I urge you to take a good hard look at the information that is at your disposal, bearing in mind that Sarbanes-Oxley II may very well use the Halliburton/KBR spinoff as the model for why additional regulation of the markets is both warranted and necessary.

I'm sure Ms. Cathy Mann - Halliburton's spokesflak - will say that my claims are groundless, and without merit. Ms. Mann is reminded that I will not take the Fifth on Capitol Hill, if subpoenaed to testify. I trust she is willing to make the same representation.

Best regards to all,

David A. Smith, Editor of www.HALwhistleblowers.org
(not to be confused, ever again, with David R. Smith, the as-yet-unindicted VP of Tax at Halliburton, my former employer)

P.S. For additional information: http://www.sec.gov/cgi-bin/browse-edgar?company=smith+david+allen&CIK=&filenum=&State=&SIC=&owner=include&action=getcompany
*****************************************************************************************
To see the fire sale filings that Halliburton and KBR filed, immediately after the mid-terms:

http://www.sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0001357615&owner=include&count=40

If you would like to be added to the notification list for when the whistleblowers' website goes live, just let me know. For additional information on the backstory, please see the Halliburton-related threads in my journal: http://journals.democraticunderground.com/CorpGovActivist

At approximately 9:55, I sent the following to the SEC Staff Attorneys:
*****************************************************************************************
Tuesday, November 14, 2006

VIA EDGAR CORRESPONDENCE FUNCTION

Mr. David A. Smith
6300 Stevenson Avenue, #413
Alexandria, VA 22304
(703) 370-6032
[email protected]

Ms. Mara Ransom, Esq.
United States Securities and Exchange Commission
100 F Street, NE
Washington, DC 20549

Re: Halliburton/KBR IPO Planned for Tomorrow

Dear Ms. Ransom:

In light of the fact that the Halliburton/KBR spinoff is planned to take place tomorrow, I am exploring filing in Federal court today, seeking an injunction, to enjoin said spinoff from taking place (until after the Halliburton/KBR filings are brought fully into compliance with the Federal securities laws).

Please advise - via e-mail - the best way to reach you today, and please also share this Correspondence with the Enforcement Division, as appropriate. It is my contention that Chris Cox's SEC is asleep at the switch, if this IPO is permitted to proceed as planned (given the material omissions in the registration statement and related documents). That is a point I intend to make to the new Congress as well - pointing to the need for new statutory mandates to govern how the SEC carries out its mission on behalf of the American investing public. I remain

Respectfully yours,

David A. Smith

cc: Senator Robert C. Byrd - United States Senator

bcc: <...>

- Dave
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drm604 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 09:23 AM
Response to Original message
1. K&R For Visibility
:kick:
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radfringe Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 09:26 AM
Response to Original message
2. Bwaaa-haaa-haaa so tell me
Edited on Tue Nov-14-06 09:28 AM by radfringe
how soon after sending that e-mail did your sites become swamped with halliburton visits?

p.s. this is better than the "soaps"... yeah I was hooked on Another World eons ago, and in my own defense only for a 3 or 4 months...
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 09:29 AM
Response to Reply #2
3. Good Question...
... give it a little while. Houston is an hour behind, but most of the analysts are based in NYC:

http://www.timeanddate.com/worldclock/

; )

- Dave
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 01:02 PM
Response to Reply #2
41. Seeing That Halliburton Site Traffic...
... now.

- Dave
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Chimichurri Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 09:31 AM
Response to Original message
4. disgusting
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 09:34 AM
Response to Reply #4
6. Isn't It?
Amazing, that they thought nobody would notice or care.

- Dave
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La_Fourmi_Rouge Donating Member (878 posts) Send PM | Profile | Ignore Tue Nov-14-06 09:31 AM
Response to Original message
5. Wow!
"I trust she is willing to make the same representation."

That was good for a chuckle! I expect the rollout of this IPO will be attracting extra-special scrutiny, eh?
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 09:35 AM
Response to Reply #5
7. As a Robert C. Byrd Scholar...
... I can almost guarantee you, it most certainly will.

- Dave
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 10:00 AM
Response to Original message
8. Please Read Edited OP
Thanks.

- Dave
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G_Leo_Criley Donating Member (553 posts) Send PM | Profile | Ignore Tue Nov-14-06 10:55 AM
Response to Reply #8
21. Edited OP = Go Dave!
Thank you!!!

glc
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GliderGuider Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 10:05 AM
Response to Original message
9. K&R
This just gets better and better.
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 10:07 AM
Response to Reply #9
10. The Groundwork Was Laid...
... a long time ago, and James Addison Baker III has grown terribly predictable.

- Dave
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dubykc Donating Member (321 posts) Send PM | Profile | Ignore Tue Nov-14-06 10:19 AM
Response to Original message
11. Thanks...
I, for one appreciate your hard work and determination.
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 10:26 AM
Response to Reply #11
13. James and Dick = Bonnie and Clyde
They have gotten too predictable. The good guys (and gals) have been "onto" this for a while now.

- Dave
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myrna minx Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 10:25 AM
Response to Original message
12. K&R. This is quite interesting.
:toast:
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acmavm Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 10:35 AM
Response to Original message
14. Another reason why the rresults of this last election hurt them
so bad.

I have caught myself wondering a number of times why they didn't make more of an effort to steal this one. Is it because they just don't give a shit (which floors me because they have so damn much they really need to keep hidden), or do they feel that they're still above all the laws and legislation of this country? Or do they think the American people are a bunch of powerless idiots?

This really does cross my mind frequently.
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 10:36 AM
Response to Reply #14
16. Some of Them Are Resigned...
... to prison terms, at this point.

- Dave
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DemReadingDU Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 10:55 AM
Response to Reply #14
22. I think the major polls indicated
that the people were fed-up with the Republicans, and that many of the elections could not be stolen without undue protest from the voters if Republicans 'won'. I'm in Ohio, and I was shocked when the Republicans pulled out from financially supporting Mike DeWine and Ken Blackwell, in effect, conceding that Sherrod Brown and Ted Strickland were going to win by a large percentage.

But in states with closer margins, such as Virginia, Missouri, Montana, Tennessee, there are some oddities in the results for the Republicans.
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 10:35 AM
Response to Original message
15. Self-Dealing, Self-Interested Analysts...
Here is the list of analysts who cover Halliburton:

http://ir.halliburton.com/phoenix.zhtml?c=67605&p=irol-analysts

Note the overlap with the underwriters for the KBR IPO: http://www.sec.gov/Archives/edgar/data/1357615/000119312506230648/ds1a.htm#rom71894_19

- Dave
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DemReadingDU Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 10:43 AM
Response to Reply #15
17. Wouldn't there be discussions on CNBC?
Edited on Tue Nov-14-06 10:43 AM by DemReadingDU
If news were to be heard about HAL/KBR, wouldn't it be heard on CNBC?

after a heads-up from you, of course!

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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 10:43 AM
Response to Reply #17
18. As Soon As I Know for a Fact...
... which outlets plan to file stories today, I'll give the heads-up here.

- Dave
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DemReadingDU Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 10:46 AM
Response to Reply #18
19. WooHoo! Thanks!
:woohoo:
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 10:59 AM
Response to Reply #19
23. Getting Lots of Follow-Up Questions...
... I'll keep everyone posted.

- Dave
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myrna minx Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 12:22 PM
Response to Reply #18
30. Thank you so much! n/t
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 12:20 PM
Response to Reply #15
29. Sent to MSM, RE: Self-Dealing Analysts
Edited on Tue Nov-14-06 12:20 PM by CorpGovActivist
Subject: Analysts Who Also Wear the Underwriter Hat for KBR IPO

From: [email protected]
Date: Tue, Nov 14, 2006 10:42 am
To: [email protected]
Cc: [email protected]
Bcc: (redacted)

Ladies and Gentlemen:

As you prepare to file your stories, please note the overlap between the analysts who cover Halliburton, and the underwriters who stand to profit from the premature fire sale:

http://ir.halliburton.com/phoenix.zhtml?c=67605&p=irol-analysts

http://www.sec.gov/Archives/edgar/data/1357615/000119312506230648/ds1a.htm#rom71894_19

As a Robert C. Byrd Scholar, I assure you that Senator Byrd and others like him can see right through this. I look forward to the opportunity to share additional information with the oversight committees in question.

Cheers!

- David A. Smith, Editor of www.HALwhistleblowers.org
(not to be confused, ever again, with David R. Smith, the as-yet-unindicted VP of Tax at Halliburton, my former employer)
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G_Leo_Criley Donating Member (553 posts) Send PM | Profile | Ignore Tue Nov-14-06 10:50 AM
Response to Original message
20. up! n/t
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 11:19 AM
Response to Original message
24. Law Governing IPO
The Securities Act of 1933 governs IPOs such as Halliburton/KBR's: http://en.wikipedia.org/wiki/Securities_Act_of_1933

The text of this law may be found here: http://www.law.cornell.edu/uscode/html/uscode15/usc_sup_01_15_10_2A_20_I.html

The effective date of a registration statement is governed by: http://www.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00000077---h000-.html

FYI.

- Dave
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Buttercup McToots Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 11:33 AM
Response to Reply #24
25. Offline this mornin`
But front an` center now...!
:popcorn:

Hoots David:patriot:
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 11:38 AM
Response to Reply #25
27. Hoots, McToots!
; )

- Dave
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 12:22 PM
Response to Reply #24
31. Sent to MSM, RE: IPO Law Governing KBR
Subject: Effective Date of KBR Registration Statement, As Amended

From: [email protected]
Date: Tue, Nov 14, 2006 11:27 am
To: [email protected]
Cc: [email protected]
Bcc: (redacted)

Ladies and Gentlemen:

FYI for the reporters covering Halliburton's fire sale of KBR:

1. The Securities Act of 1933 governs IPOs such as this one: http://en.wikipedia.org/wiki/Securities_Act_of_1933

2. That statute may be found here (note the tools available to shareholders seeking to prevent violations of the Act, as amended, and/or of rules and regulations promulgated thereunder): http://www.law.cornell.edu/uscode/html/uscode15/usc_sup_01_15_10_2A_20_I.html

3. Note, in particular, the section governing the effective date of a registration statement: http://www.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00000077---h000-.html

Then, please note the lack of a specified date in Halliburton/KBR's latest version of the registration statement (search on "effective date"): http://www.sec.gov/Archives/edgar/data/1357615/000119312506230648/ds1a.htm

Pursuant to Title 15, Section 77(h) of the United States Code (a.k.a. Section 8 of the Act), Halliburton and KBR must abide by these parameters - or else a Federal Court can step in and provide appropriate forms of relief (e.g., injunctive, equitable, etc.).

I hope that helps those of you who have indicated a plan to file stories. Halliburton's IR department gave me the runaround when I tried to pin them down on a definite date for the IPO. Perhaps some of you will have better luck.

- Dave
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 11:37 AM
Response to Original message
26. Some of the MSM Updates So Far Today
Edited on Tue Nov-14-06 11:37 AM by CorpGovActivist
(MSM reporters' names redacted below)
***********************************************************

Thanks, David. If you could provide a copy of the complaint & application,
and whatever other filings you do, am interested. rgds
***********************************************************

Hi – what are the material omissions?

***********************************************************

I’d be interested in speaking with you. If the offering goes forward today, we’ll definitely run something. Give me a call this morning before noon (X time) if you can.

Also, did you see a document/filing saying the IPO will take place tomorrow?

***********************************************************

- Dave
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 11:48 AM
Response to Original message
28. Watching the MSM Coverage of Halliburton/KBR Spinoff Heist
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myrna minx Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 12:27 PM
Response to Reply #28
34. From Marketwatch...
http://www.marketwatch.com/news/story/story.aspx?siteid=mktw&guid=%7B77C6DF2C-3274-4D48-A499-FF39B09FDE24%7D
IPO REPORT
KBR's $445 mln IPO on deck
Analyst upbeat on Halliburton spin-off
By Steve Gelsi, MarketWatch
Last Update: 9:41 AM ET Nov 14, 2006

"With a Democratic-led House and Senate, there is a more than reasonable chance that the company may come under more scrutiny," he said. "We, however, remain upbeat about the company's prospects as it had weathered many a storm before and has continued to perform regardless."
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 12:28 PM
Response to Reply #34
35. He's Either...
... a moron, a self-interested shill, or both.

- Dave
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Hubert Flottz Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 12:24 PM
Response to Original message
32. I heard on the news in Charleston WV this morning that KB&R...
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 12:26 PM
Response to Reply #32
33. Fantastic!
The more people who know, the better. Bonnie and Clyde (a.k.a., Dick and James Addison) aren't getting away with it this time.

- Dave
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hootinholler Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 12:34 PM
Response to Original message
36. Holy Sneering Vice Penguin Batman!
Edited on Tue Nov-14-06 12:35 PM by hootinholler
“We anticipate no issue (with the KBR deal) since the action has been coordinated w VP’s office.”

Nice. Whilst claiming to not receive compensation, whilst his stock options are rising 3000%, the Vice Penguin is "coordinating" a no bid from the Coprs of Engineers to KBR.

Waaaa, wa, wa, wa, where's my umbrella, wa, wa, wa.

-Hoot

edit to fix link.
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 12:36 PM
Response to Reply #36
37. Good Find!
Keep 'em comin'!

- Dave
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 12:48 PM
Response to Original message
38. If the IPO Goes Through: After-the-Fact Relief
I sent the following to trusted MSM contacts, regarding what can be done if the IPO is pushed through, stubbornly, by BushCo.

***********************************************************

Subject: Shareholder Derivative Suit vs. BakerBotts, Underwriters, Analysts

From: [email protected]
Date: Tue, Nov 14, 2006 12:33 pm
To: [email protected]
Cc: [email protected]
Bcc: (redacted)

Ladies and Gentlemen:

In response to some inquiries I have received: should injunctive relief not be forthcoming to prevent the spinoff, then a shareholder derivative lawsuit would still be available after the fact, to seek appropriate recovery and relief from BakerBotts LLP, the underwriters, and/or the analysts who put their institutions' interests ahead of the investing public's.

You may quote me on that.

Regards,

- David A. Smith, Editor of www.HALwhistleblowers.org
(not to be confused, ever again, with David R. Smith, the as-yet-unindicted VP of Tax at Halliburton, my former employer)

P.S. Ask Ms. Mann whether the money used to pay the foreign bribes had been taxed properly under U.S. law, and why David R. Smith and the Tax Group he heads were looped in on the mis-directed e-mails I received. Why would a company like Halliburton pay criminal bribes with clean money?
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radfringe Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 12:55 PM
Response to Original message
39. Dave - have you been in touch with this guy?
Robin Hood in Reverse: The Looting of the Gulf Coast
Tuesday November 14, 2006
Gulf Coast Reconstruction Watch
by Bill Quigley | Justiceforneworleans.org
http://www.reconstructionwatch.org/index.php?s=20&n=87



Robin Hood stole from the rich and gave to the poor. On the Gulf Coast, the reverse is happening. Federal, state and local governments are teaming up with corporations and developers to systematically steal hurricane relief funds from the poor to enrich themselves.

Billions of dollars were given to help the communities damaged by Katrina. The people gave this money to help the working, elderly and disabled people of the Gulf Coast rebuild and restart their lives after Katrina.

--snip--

This corporate plundering follows the path taken in the immediate days after Katrina when politically connected corporations were given hundreds of millions of no-bid contracts. Ashbritt of Florida was awarded a contract over $500 million to clean up debris in Mississippi, despite not owning a single dump truck. Ashbritt had paid a GOP lobbyist firm $40,000 right before the storm and another $50,000 directly to the GOP the year before.

Ceres Environmental of Brooklyn Park, Minn. was given a $500 million contract for debris removal in Louisiana by the Army Corps of Engineers. In the previous four years, the company had received a total of $29 million in government contracts. The Minnesota Office of Environmental Assistance listed the company as a provider of "yard waste compost and horticultural potting soil."

Circle B Enterprises was awarded $287 million in contracts by FEMA to build trailers despite not even being licensed to build homes in its own state of Georgia and filing for bankruptcy in 2003. The company does not even have a Web site.

Other corporations profiting off the devastation include Bechtel, Blackwater, CH2M Hill, Fluor, Halliburton subsidiary KBR and many others.



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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 01:01 PM
Response to Reply #39
40. The Katrina Angle...
... is well-covered.

; )

- Dave
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Buttercup McToots Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 01:25 PM
Response to Reply #40
42. Question?
David, I thought that the papers you filed
would prevent the spinoff, because
investigation would be required first...no?
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 01:45 PM
Response to Reply #42
43. The Parent Company, Halliburton...
... agreed to extend the deadline for the SEC's investigation into the Foreign Corrupt Practices Act matters (e.g., in Nigeria).

If you look at the evolution of the various revised versions of the registration statement (Form S-1 and S-1/A, for "Amended"), you'll see that the risk factors changed, the level of disclosure about who could be on the hook (i.e., parent company may not be able to wriggle off the hook, after all), and other key disclosures changed.

So, even if they "succeed" in pushing this through, it will be a short-lived "escape," methinks.

- Dave
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Buttercup McToots Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 01:58 PM
Response to Reply #43
44. Fingers crossed an` arms twisted...
"Many a` mickle mak's a muckle"...as auld Uncle Angus used tae say...
Bye thee bye...Mr. McToots has wriiten a new tune...
Would ye like tae hear?
You and he have things in common, like the coal...
but he also has the sea in the blood...
http://www.broadjam.com/transmit/transmit.asp?txygnbz=4811&chkldsxv1=285778&yhgbndsq=1

I'm here followin`the news shows fer tidbits an` doin` Mr.McToots work...
but I got an anxious feelin`...dunnae why...smell somethin` in the air, I guess...
Jest like a hen on a het girdle... :tinfoilhat:
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 02:29 PM
Response to Reply #44
46. No Need...
... to feel anxious.

As for the sea: aye.

- Dave
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Oilwellian Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 02:17 PM
Response to Original message
45. Question
Could you please put in simpler terms what is happening here? I'm a fairly intelligent person but some of this is so foreign to me. Admittedly, the world of corporate finance is not my forte' so what is the Bush crime family trying to do here? Sell off KBR and think everything will be swept under the rug? Thanks in advance for your help.
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hootinholler Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 02:30 PM
Response to Reply #45
48. My take is that
Halliburton has raped KBR for its cash whilst letting the unit keep its liabilities (asbestos lawsuits) and is spinning it off via an IPO to avoid the liabilities, setting up the shareholders for loosing it all.

-Hoot
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 02:31 PM
Response to Reply #45
49. Timelines Help...
... http://www.halliburtonwatch.org/about_hal/nigeria_timeline.html

I've got my own to roll out here: http://www.HALwhistleblowers.org (coming soon). But the fine folks at HalliburtonWatch.org have done an incredible job.

- Dave
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Oilwellian Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 03:18 PM
Response to Reply #49
61. Thanks so much
I somehow missed the timeline.....it helps greatly. :thumbsup:
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 03:31 PM
Response to Reply #61
62. No Worries...
... it's a LOT of data to process.

; )

- Dave
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conscious evolution Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 05:06 PM
Response to Reply #62
72. No kidding
Just keeping track of the info you post is mind boggling.Throw in those site searches you and Ides are providing links to takes it to another level.Then having to figure out what the hell the documents actually mean has just about put me into the exploding brain fart mode!

But its worth it.
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 05:14 PM
Response to Reply #72
74. Yes, It ***Is*** Worth It for Americans to Grasp This...
... and it's equally important that new "learning curve mastery tools" be rolled out, in venues such as this one:

http://www.HALwhistleblowers.org

; )

Those learning curve mastery tools are coming.

- Dave
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conscious evolution Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 05:41 PM
Response to Reply #74
76. Those learning curve mastery tools are coming.
Thank goodness.I don't know how much more scrambling around trying to figure things out I can take.Especially since,now that the election is over, I must return to work.
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 10:00 PM
Response to Reply #76
79. Hopefully...
... they'll be well worth the wait; regardless, feedback will be welcome, once they're rolled out on the site.

- Dave
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Blackhatjack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 02:29 PM
Response to Original message
47. Just Checking In -- Without Injunctive Relief, What Are The Remedies?
Am I wrong that the IPO cannot be "rolled back?"

The individuals and entities that backed and underwrote the IPO may be liable, but once the IPO goes through there is a firewall between KBR designated wrongdoing and Halliburton held assets?
Only KBR assets would be "at risk?"

Did the SEC not have to sign off on this IPO? How could there be a "material" deficiency in the Registration Statement supporting the IPO and the SEC ignore it?

For those in the MSM who have been following your saga, this ought to "bring the roof down."

Public/shareholder swindles are good press, and usually run right away once the facts are established. If we do not see comparable reporting on this IPO, there are going to be more than a few MSM called to account for their failure to report on an event like this once the Congressional investigations heat up.
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 02:33 PM
Response to Reply #47
50. Numerous Remedies Exist...
Edited on Tue Nov-14-06 02:34 PM by CorpGovActivist
... many of which came into existence with Sarbanes-Oxley I.

Also, since racketeering is at issue here, too, damages can be treble.

- Dave

P.S. Those underwriters, auditors, and Bushy Barristers (a.k.a., BakerBotts) don't have shallow pockets, either - so all harmed individuals, entities (e.g., the Federal Government itself) will have ample recourse.
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Blackhatjack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 02:45 PM
Response to Reply #50
52. Ok KBR IPO enablers and backers are liable, but once the IPO goes thru
does Sarbanes-Oxley provide an avenue to reach Halliburton assets?

The whole purpose of spinning off KBR in an IPO is to isolate the source of assets from which claims for wrongdoing can be satisfied, right? Providing shareholders of Halliburton with 'cover' from potential claims that could bankrupct KBR.

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Buttercup McToots Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 02:49 PM
Response to Reply #52
53. Yeah...
What BlackJackHat said...
Took them words right outta my mouth he did...
:think:
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 02:49 PM
Response to Reply #52
54. Read the Most Recent Iterations of the Filings...
... the parent company is clearly still on the hook.

- Dave
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Blackhatjack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 02:55 PM
Response to Reply #54
56. Sorry, I was being lazy, I will and get back to you ....
I just know how difficult it is to find assets to satisfy a judgment, and the IPO seems like it would make that task a lot harder SINCE Halliburton assets are easier to find than the assets of individuals and enabling entities.

I am betting that KBR is undercapitalized for potential legal claims at the time of the IPO.
However, that is the point, I would assume. Another version of the classic shell game.
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 02:58 PM
Response to Reply #56
58. Note the Drastic Shift in Tone...
... in the last few versions of the Registration Statement. They've been read the riot act by the DOJ and the SEC.

- Dave
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Blackhatjack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 03:05 PM
Response to Reply #58
59. Not my area of expertise, seems like a thumbs up/down issue for SEC
... on the KBR IPO, ...and I have little faith in the SEC to protect the shareholders.

Maybe the DEMs will reinvigorate the SEC by exercising oversight through investigation.
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 03:09 PM
Response to Reply #59
60. Securities Law...
... provides more than enough tools, when coupled with RICO. This isn't the last place they can be forced back to the status quo ante.

- Dave
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David Zephyr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 02:33 PM
Response to Original message
51. CorpGovActivist is on this and I appreciate it. K&R
:kick:
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jazzjunkysue Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 02:52 PM
Response to Original message
55. Dave: Set phasers on stun and open fire. Stay out of dark alleys!
And don't take any private jets.....We need you.

Going public with us should be good life insurance: If no one knows about you it's easier to "get you out of the way."

So, keep posting and they'll hopefully leave you in one piece.

I wonder what fools will buy that stock, just to watch it melt in their hands when the indictments fome in january......
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 02:57 PM
Response to Reply #55
57. Those with a Lot to Lose Already...
... are the ones most likely to pick up big blocks.

- Dave
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conscious evolution Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 05:11 PM
Response to Reply #57
73. Why would they do this?
"ones most likely to pick up big blocks."

An attempt to cover their asses in regards to the triple compensation thing?
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 05:16 PM
Response to Reply #73
75. Bingo! Plus...
... the desire to avoid the fuller scope from coming to light.

Halliburton/KBR is the "sick man" of BushCo.

http://www.google.com/search?hl=en&q=ottoman+empire+sick+man+of+europe

- Dave
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Buttercup McToots Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 03:44 PM
Response to Original message
63. Senator Waxman's name
again on Tweety's show...
He wants investagations...
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 03:47 PM
Response to Reply #63
64. Congressman Waxman's Staff...
... are first rate.

- Dave
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DemReadingDU Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 03:48 PM
Response to Original message
65. Editorial: Fraud a problem? Get rid of auditors
11/10/06 from Miami Herald Editorial

It is no secret that much of the money intended to rebuild Iraq's infrastructure has been wasted. Thanks to a series of reports by the Special Inspector General for Iraq Reconstruction (SIGIR), we know that billions of dollars have been squandered because of incompetence, corruption and fraud. Now Congress has come up with a solution for this embarrassing problem: Eliminate SIGIR.

This action is no surprise for a Congress that long ago forfeited its oversight responsibilities -- one big reason for the GOP loss on Tuesday -- but it is outrageous nonetheless. From the outset, lawmakers have been unwilling to find fault with the way the war was being conducted. Now it is apparent that they won't let anyone else blow the whistle either, lest it hurt the administration or the well-connected companies.

SIGIR, led by Republican lawyer Stuart W. Bowen Jr., was created by Congress and began operations in January of 2004. The idea was to keep the recipients of Congress' largess honest by conducting audits and inspecting the quality of their work. During its relatively brief life, SIGIR's reports exposed shoddy work in a variety of projects, including prisons, hospitals, clinics and schools. Some reports have led to jail terms for U.S. occupation officials on charges of bribery and conspiracy.
..
Nobody claims authorship of the provision, but it is too late -- the bill was signed by President Bush last month. First reports of the termination brought loud protests from some members of Congress that they did not know of the disputed provision, as if ignorance is an excuse. The conference report sailed through both chambers without a peep of protest.
...
Lawmakers should make repeal of this provision a priority when Congress convenes.


read more...
http://www.miami.com/mld/miamiherald/news/editorial/15975427.htm
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 03:49 PM
Response to Reply #65
66. SIGIR Has Been on My Website's Placeholder Page...
... all this time for a very good reason.

http://www.HALwhistleblowers.org

BushCo. has gotten really bad at their cover-ups. Baker got sloppy.

- Dave
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DemReadingDU Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 03:56 PM
Response to Reply #66
67. That's where I had originally seen SIGIR!
and my paper in Ohio today decided to print the Miami Herald editorial that I referenced in my post #65.
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Buttercup McToots Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 04:22 PM
Response to Reply #65
69. Seriously
Is there a way to find this out?

Nobody claims authorship of the provision, but it is too late -- the bill was signed by President Bush last month.
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DemReadingDU Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 04:29 PM
Response to Reply #69
70. Haven't researched much, but
I'm a thinking with the Dems in control in January, that this is going to be repealed!

:)
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DemReadingDU Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 06:52 PM
Response to Reply #69
77. Buttercup - good news!
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 04:03 PM
Response to Original message
68. NEWS FLASH: HALLIBURTON HEIST HALTED!!!
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 04:53 PM
Response to Original message
71. Judge Oliver Wendell Holmes, Jr. Had It Pegged
"For I say unto you in all sadness of conviction that to think great thoughts you must be heroes as well as idealists. Only when you have worked alone -- when you have felt around you are a black gulf of solitude more isolating than that which surrounds the dying man, and in hope and despair have trusted to your own unshaken will -- then only can you gain the secret isolated joy of the thinker, who knows that a hundred years after he is dead and forgotten men who have never heard of him will be moving to the measure of his thought -- the subtle rapture of postponed power, which the world knows not because it has no external trappings, but which to his prophetic vision is more real than that which commands an army. And if this joy should not be yours, still it is only thus you can know that you have done what lay in you to do -- can say that you have lived, and be ready for the end."

http://www.google.com/search?hl=en&lr=&q=oliver+wendell+holmes+for+i+say+unto+you+in+all+sadness+of+conviction+you+must+be+heroes+as+well+as+idealists

"If I were dying, my last words would be, 'Have faith and pursue the unknown end'."

What a treat his law lectures must have been.

- Dave
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Independent_Liberal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 08:56 PM
Response to Original message
78. K&R!
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stepnw1f Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 10:03 PM
Response to Original message
80. Kick (nt)
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Tigress DEM Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-14-06 11:58 PM
Response to Original message
81. Yeah, PM me as things go downhill for the corruption corp.


IMPEACH Cheney 1st.

His Haliburton/KBR connection as one example of deriliction of duty in regards to being a servant of the people and instead simply grabbing all the opportunities to be a war profiteer.


How did a nice guy like you wind up at Haliburton?





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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-15-06 07:29 AM
Response to Reply #81
84. Subversive Types
"How did a nice guy like you wind up at Haliburton?"

There are lots of moral, decent, kind, thoughtful, and clued-in people at companies like Enron, Halliburton, WorldCon, etc. They're usually the ones who end up refusing to check their consciences at the door, and they're often the ones who provide the best information to the authorities.

; )

- Dave
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Straight Shooter Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-15-06 12:58 AM
Response to Original message
82. Jeebers, I feel like I'm living in the middle of a crime novel.
I think it's called Interesting Times.

Good work, CGA. :thumbsup:
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-15-06 07:30 AM
Response to Reply #82
85. *Snicker*
"Jeebers, I feel like I'm living in the middle of a crime novel."

Tell me about it.

LOL.

- Dave
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Buttercup McToots Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-15-06 07:06 AM
Response to Original message
83. Good Mornin`
What chapter are we on taeday?
I jest cannae put this book down...
:applause:
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-15-06 07:31 AM
Response to Reply #83
86. Interesting Question...
... let's write the chapter, first, and then we'll come up with the title later.

How's that?

- Dave
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Hubert Flottz Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-15-06 07:50 AM
Response to Reply #86
87. Will the fleecing begin today?
Will the Evil ones win again?
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-15-06 08:29 AM
Response to Reply #87
88. Even If...
... the IPO goes through, it will by a Pyrrhic Victory for them, at best.

- Dave
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Hubert Flottz Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-15-06 09:20 AM
Response to Reply #88
89. It would be great to see the people win one for a change!
The little guys who play by the rules, haven't had much of a chance against the BushCo gang so far.
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-15-06 09:30 AM
Response to Reply #89
90. The Pendulum...
... is rushing back the other direction.

- Dave
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