Bush
Defends Sale of Stock
Tue Jul 9, 9:14 AM ET
NPR/YahooNews/The New York Times
WASHINGTON, July 8 President Bush defended himself today
against a barrage of questions about his own corporate stock
dealings even as he vowed to take a tougher line in a speech in
New York on Tuesday against corrupt corporate executives
As pressures mounted today from Democrats in Congress, Mr.
Bush repeatedly dismissed assertions that he had failed to
properly disclose a 1990 stock sale, saying the criticism was
nothing more than a political attack, although he acknowledged
that he still did not know why the sale had not been disclosed as
promptly as required by law.
"I still haven't figured it out completely," Mr. Bush said in
a late afternoon White House news conference hastily announced
after his return from a three-day vacation at his parents' summer
home in Maine, and only 18 hours before what the White House has
billed as a major presidential speech about corporate
responsibility.
Asserting that a central element of his proposal is to
strengthen the Securities and Exchange Commission, Mr. Bush said,
"I'll call for a stronger S.E.C., more investigators and more
budget."
As Mr. Bush and Senate Democrats vied to seize political
advantage on the corporate responsibility issue today, former top
executives of WorldCom invoked their Fifth Amendment rights
against self-incrimination rather than answer questions on
Capitol Hill about a $4 billion discrepancy in the company's
books.
At his news conference, the president was also vague and
dismissive about the accounting procedures at a company on whose
board he served, the Harken Energy Corporation. Harken was
subsequently required by the S.E.C. to restate its earnings.
"In the corporate world, sometimes things aren't exactly black
and white when it comes to accounting procedures," Mr. Bush said,
referring to Harken.
Seeking to upstage Mr. Bush before his speech on Wall Street
and emboldened by momentum created by fresh scandals at WorldCom
and other companies Congressional Democrats moved to gain the
upper hand by trying to broaden significantly the corporate
reform legislation that is to be taken up by the Senate on
Tuesday.
While the current focus of the legislation is on
accounting-related changes, Democrats want to expand the measure
to make it simpler to prosecute securities fraud, aid plaintiffs
who want to bring private securities fraud lawsuits against
corporations, and make it easier for securities regulators to
levy fines and impose other penalties on executives and directors
who commit wrongdoing.
Mr. Bush also said at his news conference that he wanted to
strengthen enforcement powers of the S.E.C. and expressed
confidence in Harvey L. Pitt, the chairman of the regulatory
agency, whose resignation has been called for by Democratic
Congressional leaders in recent days.
The curious timing of the news conference, in the
White House press briefing room, appeared intended to distract
attention from a day that would have been dominated by news
coverage of the beleaguered WorldCom executives. The event also
seemed an attempt to place Mr. Bush back in command at the White
House after three days of television and newspaper pictures of
him fishing and golfing in Maine, many of them accompanied by
reports of the president's own corporate stock dealings.
White House officials also seemed intent on getting questions
about Mr. Bush's stock dealings out of the way before his speech,
which his advisers hope will clear the way for a more
straightforward handling by the media of his remarks on Tuesday.
But they probably did not anticipate that Mr. Bush's meeting with
reporters would be so dominated by questions about Harken.
The scandals in recent weeks at WorldCom, Tyco International
and other companies have added so much energy to the drive for
corporate reform that the Senate accounting bill, which was
struggling just a month ago, is now expected to pass by a wide
margin.
Democrats are trying to take greater advantage of that
favorable political momentum by adding significant amendments to
the bill proposed by Senator Paul S. Sarbanes, Democrat of
Maryland that may not have had enough support to pass the Senate
just weeks ago. Many of these provisions have the support of the
Senate majority leader, Tom Daschle of South Dakota, aides said
today.
"The Sarbanes bill is a strong bill and a great starting
point, but there are a number of areas where it can be
strengthened," said Senator Carl Levin, a Michigan Democrat who
plans to offer several amendments.
Asked today about the Sarbanes bill, Mr. Bush said, "We share
the same goals, and I'm confident we can get a good piece of
legislation out of the Congress."
Mr. Bush added, "My concern on the Sarbanes bill is that
there's overlapping jurisdiction, which will make it harder to
enforce rules and regulations, not easier."
Mr. Bush insisted that the procedures at Harken were not
similar to those at the bankrupt Enron Corporation, and that
there was no malfeasance, saying, "There was an honest difference
of opinion as how to account for a complicated transaction."
The most sweeping amendment to the Democrats' plan is a
proposal by Senator Patrick Leahy, Democrat of Vermont. That
proposal creates a new felony for any "scheme or artifice" used
to defraud shareholders; increases penalties for shredding or
other destruction of evidence; offers new protections to
corporate whistle-blowers; and prevents executives who lose
securities fraud lawsuits from using bankruptcy to escape
fraud-related verdicts and settlements. Mr. Leahy, the chairman
of the Judiciary Committee, has the strong support of Mr.
Daschle; many Republicans are also backing most provisions of the
measure.
The proposal would, however, also lengthen the amount of time
plaintiffs have to file securities fraud lawsuits, a provision
many Republicans have objected to. Also, Senator Richard C.
Shelby, Republican of Alabama, is expected to offer another
plaintiff-friendly amendment that would make it easier for
investors to sue accountants, lawyers, investment banks and
others who "aid or abet" securities fraud.
In another important amendment, three senators want to write
into the law strict responsibilities for corporate lawyers. This
proposal, by Mike Enzi, Republican of Wyoming, and Democrats Jon
S. Corzine of New Jersey and John Edwards of North Carolina,
requires corporate lawyers for publicly traded companies who
receive credible evidence of material legal violations to bring
the matter to the attention of management and, if ignored, the
board.
Mr. Levin plans to offer an amendment that would empower the
S.E.C., without first going to court, to ban "unfit" officers and
directors from publicly traded companies; fine accountants,
lawyers, companies, executives and directors who violate
securities laws; and obtain records for financial investigations
without disclosing the subpoenas.
Even with all the new political momentum, the Democrats have
to be careful, as whatever they pass still faces a showdown in
conference committee with a much different legislative package
approved in April by the Republican-controlled House. If the
Democrats put too many new items on their bill, that could
undermine its support among some members and reduce the
legislation's momentum.
It is unclear whether Mr. Bush's news conference will put the
questions behind him, particularly because he offered less of an
explanation today than he and his advisers have in the past for
why he was eight months late disclosing his 1990 sale of Harken
stock on a document called a Form 4.
In his 1994 race for governor of Texas, Mr. Bush said that he
thought he had filed on time but that the S.E.C. had misplaced
the proper disclosure forms. Last week, Ari Fleischer, the White
House press secretary, attributed the late filing to a "mix-up"
with Harken's lawyers. Mr. Bush said today, "As to why the Form 4
was late, I still haven't figured it out completely."
Mr. Bush repeatedly said that his stock sale and late filing
were old news, and that it had been used against him by his
political opponents for years. "People love to play politics,"
Mr. Bush said. Then he added: "That's nothing new. That happened
in 1994. I can't remember if it happened in 1998 or not. It
happened in 2000. I mean, this is recycled stuff."
At issue are 212,140 shares of Harken stock that
Mr. Bush sold on June 30, 1990, for $4 a share, or $848,560,
eight days before Harken finished its second quarter with a loss
of $23.2 million. By August, the share price had fallen to $2.37.
The S.E.C. investigated on suspicions that the transaction was
conducted on the basis of insider information, a potential crime,
but dropped the investigation in 1993, saying that "at this time
no enforcement action is contemplated."
Today Mr. Bush said that by his accounting, he had actually
lost money on the sale. "I sold the stock at 4, and 14 months
later you know, the holding period for capital gains I think was
12 months in those days the person who bought my stock could have
sold it for 8, could have doubled his or her money."
Aides to Senate leaders said they hoped that widening the
scope of their bill would illuminate what they believe is a sharp
contrast with a weaker plan by the Bush administration.
"I'm afraid he's going to try to blur the difference and get
away with something without real teeth in it," said a senior aide
to the Democratic leadership. "I think he's going to stand up
there, with a great deal of hoopla, and deliver what sounds like
a responsible position, but do nothing to support a responsible
bill."
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