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Tuesday, 17 January 2012 - Reprise for Nortel debacle as Toronto trial opens |
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      Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Home Business Business Home Economy Davos 2012 Technology Media Small Business Legal Deals Earnings Summits Business Video Markets Markets Home U.S. Markets European Markets Asian Markets Global Market Data Indices M&A Stocks Bonds Currencies Commodities Futures Funds peHUB World World Home U.S. Brazil China Euro Zone Japan Mexico Russia India Insight World Video Politics Politics Home Election 2012 Issues 2012 Candidates 2012 Tales from the Trail Political Punchlines Supreme Court Politics Video Tech Technology Home MediaFile Science Tech Video Opinion Opinion Home Chrystia Freeland John Lloyd Felix Salmon Jack Shafer David Rohde Bernd Debusmann Nader Mousavizadeh James Saft Lucy P. 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Credit: Reuters/Blair Gable By Alastair Sharp TORONTO | Mon Jan 16, 2012 12:53pm EST TORONTO (Reuters) - The fraud trial of three former executives at Canada's bankrupt Nortel Networks opens on Monday, a decade after their alleged crimes, as one of the most spectacular casualties of the 1990's dot-com bubble takes a curtain call in a Toronto courtroom. Former Chief Executive Frank Dunn, former Chief Financial Officer Douglas Beatty and former Controller Michael Gollogly are charged with deliberately defrauding investors and the company itself by misrepresenting Nortel's financial results between 2000 and 2004. The court date comes more than three years after the executives were charged and a dozen years after their alleged transgressions began. In preparing for the case, prosecutors have been sorting through millions of documents, some of them dating back to before the spectacular collapses of Enron and Worldcom, two of the biggest corporate scandals in U.S. history. The time lapse highlights the complexity of the Nortel case and also what critics say is the slow pace of Canada's justice system in cases involving alleged corporate wrongdoing. The three, who deny the charges, could face up to 14 years in jail if they are found guilty. In pre-trial motions last week, defense lawyers asked the court to force prosecutors to explicitly identify evidence of deliberate falsification of records. A ruling could force the Crown to produce specific documents before the proceedings commence. The judge, Justice Frank Marrocco, is expected to rule on the issue later on Monday before the opening of a trial that could drag on for months. SPECTACULAR CRASH Once the phone manufacturing arm of Canada's biggest phone company, Nortel became a market darling in the late 1990's as the Internet revolution picked up steam and investors bet the company would make billions selling fiber optics network. In 2000, speculators pushed the company's shares up to the point where its market capitalization topped out around C$400 billion, accounting for a full third of the entire Toronto Stock Exchange. As tech stocks crested and Nortel's sales failed to meet analysts' stratospheric expectations, the company's shares went off a cliff, dropping more than 99 percent by 2002 and decimating investment funds. The subsequent accounting scandal helped crush any hopes of a return to stability. The alleged manipulations by the three former executives triggered bonus payments in 2003 as Nortel returned to profit after several years of losses. After discovering accounting abnormalities, Nortel restated its results several times, shaking investor faith in its prospects and triggering numerous investigations. Nortel filed for bankruptcy protection three years ago. A sale of Nortel's patents last year brought in $4.5 billion for creditors and were a reminder of the depths to which the company had sunk. WHITE COLLAR CRIME Critics have long argued that Canada is soft on white-collar crime, and some high-profile cases have dragged on for years. Theater production company Livent Inc went bankrupt in 1998 after fraud allegations came to light, but founders Garth Drabinsky and Myron Gottlieb were not convicted until 2009, and were not jailed until they lost an appeal last fall. In fact, the Livent case is still not closed, as Drabinsky has asked the Supreme Court of Canada to hear his case. In 1997, shares of Bre-X collapsed after it emerged that samples from its Busang gold deposit in Indonesia had been salted to create the impression of a massive gold strike. Despite a prosecution that dragged on until 2007, no one was ever convicted. The Ontario Securities Commission, Canada's top securities regulator, is considering new guidelines that would let those under investigation to settle without admitting guilt. The Commission has said the mechanism, used by the U.S. Securities and Exchange Commission, would help it clear cases more quickly. The case is The Crown vs Frank Dunn, Douglas Beatty and Michael Gollogly; Ontario Superior Court of Justice; court file number 10 00145. (Additional reporting by Allison Martell; Writing by Cameron French; Editing by Frank McGurty) Tech Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints   We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (0) Be the first to comment on reuters.com. Add yours using the box above.   Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Advertise With Us Connect with Reuters Twitter   Facebook   LinkedIn   RSS   Podcast   Newsletters   Mobile About Privacy Policy Terms of Use Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us   Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests. NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.

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