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WorldCom Chief Invokes Fifth Amendment Right at Hearing

Melvin Dick testifies as Bernard Ebbers sits nearby

WASHINGTON , July 9 (IslamOnline & News Agencies) - Former WorldCom chief executive Bernie Ebbers invoked his constitutional right against self-incrimination Monday, July 8, at a congressional hearing into accounting irregularities at the telecom giant. 

But Ebbers, reading a brief statement to the House Financial Services Committee, said he believed his conduct would be exonerated, Agence France-Presse (AFP) reported. 

“When all of the activities at WorldCom are fully aired ... I believe that no one will conclude that I engaged in any criminal or fraudulent conduct during my tenure at WorldCom,” he said at the hearing into the massive $3.8 billion profit restatement at WorldCom. 

WorldCom disclosed last month that it improperly disguised expenses as profits, CNN reported. 

Former WorldCom chief financial officer Scott Sullivan also invoked his Fifth Amendment right, which allows witnesses to decline to give testimony on the grounds that they may incriminate themselves. 

Ebbers, who headed WorldCom for 17 years before being forced to resign earlier this year, said he opted to refuse to answer questions on the advice of his lawyer, Washington attorney Reid Weingarten. 

“Although I would like more than you know to answer the questions you and your colleagues have on WorldCom, I have been instructed by my counsel not to testify based on my Fifth Amendment constitutional rights,” he said. 

“After careful consideration, I have decided to follow my counsel’s instructions even though I do not believe I have anything to hide in these or any other proceedings.” 

Ebbers said one reason he would decline to answer questions is that “the investigations appear to be open-ended ... [and] details of [the probes] have not been provided to me.” 

He added, “I have not been advised of the specific conduct of mine that has been called into question.” 

Ebbers came under scrutiny earlier this year because of the $400 million in loans he received from the company while he was CEO. 

He has not commented publicly on his role in the accounting affair, although WorldCom’s new CEO, John Sidgemore, who has blamed the company’s former management for the accounting problems, said that Ebbers has enough private capital to repay the loans. 

In prepared testimony Sidgmore said, “WorldCom uncovered this problem internally…The kind of initiative demonstrated by our internal audit group is to be applauded and will continue to be encouraged,” news agencies reported. 

WorldCom Chairman Bert Roberts called the accounting improprieties “an outrage to me,” and said auditor Arthur Andersen was responsible. “To my mind, the failure of our outside auditors to uncover them is inconceivable,” he said. 

Arthur Andersen is also involved in accounting irregularities with other clients, including Enron. 

Ebbers’ use of the Fifth Amendment to avoid to testifying to Congress follows similar moves by former Enron Corp CEO Ken Lay and former Enron CFO Andrew Fastow. 

The lawmakers had wanted to question Sullivan - who signed off all of WorldCom's financial statements as its CFO - about WorldCom’s accounting practices. 

Sullivan was dismissed by WorldCom’s board of directors a day before its profit restatement on June 25. 

WorldCom, whose interests include No. 2 long-distance telephone company MCI, is the latest major corporation to face allegations of executive wrongdoing and accounting irregularities, reports new agencies. 

U.S. President George W. Bush is proposing tougher penalties - including jail time - for corporate officials who lie on financial statements, an administration official said Monday. 

Rep. Michael Oxley, R-Ohio, House committee chairman, said that of all the companies in the recent wave of corporate scandals, “none has yet shown the audacity to commit fraud on the scale that has been alleged here.”

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