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Adelphia Officials Are Arrested, Charged With 'Massive' Fraud
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John J. Rigas Adelphia's billionaire founder was born in 1924. In 1952, he and brother Gus bought their first cable system for $300 in Coudersport, Pa. They made various acquisitions and incorporated as Adelphia -- from the Greek word for "brothers" -- in 1972. (He bought out Gus in 1982.) Mr. Rigas took on huge debt in the 1990s to buy a string of cable systems, including Century Communications for $5 billion. With his company in Chapter 11, Mr. Rigas now faces criminal and civil charges that his family looted the company for personal benefit. (AP/Photos) WSJ profile of John J. Rigas |
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Michael Rigas Michael Rigas, oldest of John J. Rigas's three sons, resigned in May 2002 from the board and from his posts as executive vice president, operations, and secretary as questions grew about the company's accounting practices. He was arrested in July and charged with conspiracy for allegedly looting the company. He also faces civil SEC charges. |
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Timothy Rigas Timothy, one of John J. Rigas's three sons, resigned as chief financial officer and from the board in May 2002 as questions mounted about Adelphia's accounting practices. Between December 1992 and June 2001, he was chairman of the audit committee of Adelphia's board. He was arrested in July and charged with conspired to defraud the company's stockholders and creditors by allegedly looting the company. He was also named in the SEC's civil case. |
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James P. Rigas James P. Rigas, the youngest of John J. Rigas's three sons, resigned from the board and from his post as executive vice president, strategic planning, in May 2002, amid deepening doubts about the company's finances. While not arrested as part of the criminal case, he was named in the SEC civil case, alleging fraud. |
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James R. Brown James R. Brown was Adelphia's vice president of finance until May 2002, when he resigned from his post and the board along with the Rigas family members. He was arrested in July and charged with conspiracy for allegedly looting their company. He was also named in the SEC's civil case. |
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Michael C. Mulcahey Michael C. Mulcahey is Adelphia's vice president and assistant treasurer. He was arrested in July for conspiring to loot the company. He was also named in the SEC's civil case. The SEC says Mr. Mulcahey assisted Rigas family members in excluding from financial statements over $2.3 billion in bank debt by shifting it to off-balance sheet affiliates. |
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By JERRY MARKON Members of the Rigas family that founded Adelphia Communications Corp. are under investigation for possible tax violations relating to their alleged looting of the cable-television company, a person close to the matter said. The tax probe, spearheaded by the U.S. Attorney's office in the Middle District of Pennyslvania, follows last month's charges that John J. Rigas and two of his sons used the company as their "personal piggy bank" in one of the biggest cases of alleged insider dealing ever. Those charges, filed in a federal court in New York, accused the family members of illegally taking hundreds of millions of dollars out of the nation's sixth-largest cable TV company, which filed for bankruptcy-court protection in June.
If the Rigases didn't disclose the alleged payments as income on their tax returns, they could face felony charges of tax evasion or filing false returns. Tax evasion carries a penalty of up to five years' imprisonment per count. The penalty for filing false returns is up to three years' imprisonment per count. Any such charges would likely hinge on a conviction or guilty plea in the original fraud case because prosecutors would need to show that the income was illegally obtained. The existence of the tax investigation signals that the government is throwing all of its legal ammunition at the case. After the Rigases were routed last month from their company-owned apartment on New York's Upper East Side in a dramatic early-morning arrest, President Bush hailed the case as the latest effort by the government to crack down on corporate crime. As the government seeks to restore confidence in stock markets shaken by corporate scandals, it is going out of its way to punish alleged wrongdoers publicly. Although it would be unusual for charges to be filed against the same people in separate jurisdictions, government officials decided that prosecutors in Pennsylvania would focus on tax issues because they wanted a piece of the broad investigation of Adelphia, which is based in Coudersport, Pa. Prosecutors are still considering bringing criminal charges against the company, which was accused of fraud last month in a civil complaint filed by the Securities and Exchange Commission. Mr. Rigas, the company's 78-year-old founder and former chairman, and sons Timothy J. Rigas and Michael J. Rigas, the former chief financial officer and former operations vice president, respectively, were charged last month with securities fraud, wire fraud and bank fraud. Adelphia has said it supports the arrests. In one startling allegation, the elder Mr. Rigas is accused of racking up more than $66 million in personal debt and then withdrawing so much money from the company for personal use that his son Timothy had to limit him to $1 million a month. The elder Mr. Rigas's annual compensation was listed at $1.9 million in public filings. The criminal complaint also alleges that the Rigases used the company's three corporate jets for personal use that was neither approved by the board nor paid for by the family. Adelphia also allegedly paid for two Manhattan apartments, one used rent-free by John's daughter and son-in-law, who was a member of the board at the time. Two other former Adelphia executives -- James R. Brown and Michael C. Mulcahey -- were also charged last month. The tax probe, however, is focusing on the Rigases. Peter Fleming, a lawyer for the elder Mr. Rigas, said he was unaware of the tax investigation and declined to comment. A lawyer for Timothy Rigas, who has previously said his client would "defend the charges vigorously," declined to comment on the tax probe. A lawyer for Michael Rigas didn't return phone calls. A spokesman for the U.S. Attorney's Office for the Middle District of Pennsylvania declined to comment. Under federal law, prosecutors in New York have until Sept. 3 to move their case against the Rigases forward with an indictment. If that doesn't happen, the Rigases would be granted a hearing at which evidence against them would be presented. In many cases, plea negotiations are conducted before the deadline for an indictment is reached. Although attorneys for the Rigases approached prosecutors before the charges were filed to offer the family's version of events, another person familiar with the matter said there has been virtually no contact since then and that the family members are considering taking the case to trial. The possibility of new charges involving tax evasion represent "another battlefield for the defense to worry about," said Robert Mintz, a former federal prosecutor in New Jersey who now heads the white-collar-crime practice group at McCarter & English in Newark, N.J., and who isn't involved in the case. "If the Rigases were simply drawing money out of the company and concealing the fact that they were receiving payments, that's a very straightforward case for tax evasion and under-reporting your income," he said. "It's like getting a bonus and not reporting it as income." Write to Jerry Markon at jerry.markon@wsj. com4Cataloging Adelphia's DeclineKey events in Adelphia's recent financial history: March 26, 2002 -- Adelphia stock trades at $20.39. March 27, 20025 -- With 5.7 million subscribers in 32 states and Puerto Rico, Adelphia discloses that the Rigas family had borrowed $2.3 billion through various family-owned partnerships off of its balance sheet. Adelphia's stock drops 18%. March 28, 20026 -- Adelphia acknowledges that it may be liable for as much as $500 million in debt it guaranteed for Adelphia Business Solutions Inc., which had filed for bankruptcy protection. April 1, 20027 -- Adelphia says in an SEC filing that it needs more time to review its accounting and will not meet the deadline for filing its annual financial statement. Stock closes at $13.12. April 2, 20028 -- The first in a flurry of shareholder lawsuits accuses Adelphia of misleading stockholders by failing to disclose the off-balance-sheet debt, and alleges that a drop in the stock price was "in response to these negative announcements." April 3, 20029 -- Adelphia says the SEC is conducting an informal inquiry into the off-the-books debt. April 4, 200210 -- Adelphia announces it has hired three investment banks as financial advisers to explore possible cable asset sales and other ways to reduce debt. April 17, 200211 -- Adelphia reveals that the SEC had opened a formal investigation into its accounting practices. May 2, 200212 -- Adelphia says it expects to restate 1999, 2000 and 2001 financial results to show the off-the-books debt as liabilities. May 8, 200213 -- Adelphia announces it is soliciting bids for cable systems in the Los Angeles area, Florida, Virginia and elsewhere -- nearly half of its 5.7 million subscribers -- to reduce debt. May 15, 200214 -- Founder John Rigas, 77, announces he is stepping down as chairman, president and chief executive officer. Erland E. Kailbourne is named chairman and interim chief executive officer. Nasdaq halts trading in Adelphia's stock. May 16, 2002 -- Adelphia announces the resignation of its chief financial officer, Timothy J. Rigas. May 17, 200215 -- Adelphia discloses that federal grand juries in New York and central Pennsylvania are probing the company's finances. Mr. Kailbourne says the company has missed $44.7 million in bond interest payments. May 23, 200216 -- The Rigas family relinquishes control as John Rigas and sons Timothy, Michael and James resign as directors. The family agrees to turn over $1 billion in assets to help cover loans, to turn over $567 million in cash flow from other cable companies the family owns and to pledge all stock held by the family as collateral. Adelphia now estimates it is liable for $3.1 billion in family debts. May 30, 200217 -- Nasdaq says it will delist Adelphia's stock June 3. Stock closes at 70 cents, down 39.7%. June 3, 2002 -- Adelphia's stock is dropped from Nasdaq and trades at 75 cents on the over-the-counter market. June 10, 200218 -- Adelphia says it would revise its subscriber count downward by more than 47,000 to 5.76 million. The company dismisses Deloitte & Touche as its accountant and is seeking a replacement. June 14, 200219 -- Adelphia hires PricewaterhouseCoopers. June 17, 200220 -- Adelphia misses $96 million in bond interest and preferred stock dividend payments. June 21, 200221 -- Adelphia reaches agreement with two banks for $1.5 billion in financing to continue operating while it reorganizes under Chapter 11 bankruptcy protection. June 25, 200222 -- Adelphia files for bankruptcy. July 24, 200223 -- Five executives, including three members of the Rigas family, are arrested, charged with looting the nation's sixth-largest cable-television company "on a massive scale." The SEC files a related fraud complaint. Source: Associated Press
Updated August 7, 2002 11:07 a.m. EDT
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