October 31, 2006

U.S.: Delphi deals phony

Wayne State University law professor Peter Henning comments about the U.S. Security and Exchange Commission's (SEC) filing of fraud charges against nine Delphi executives - including CEO J.T. Battenberg. Henning says Delphi's Chapter 11 bankruptcy was not caused by the 2005 accounting fraud that reignited yesterday with the fraud charges. "It (2005 accounting fraud) only put off the day of reckoning… It was really a way to paper over in a small way the deterioration in the company's business," says Henning. Battenberg denies his guilt and former CFO Alan Dawes agreed to pay $687,000 in fines and penalties without any admission of guilt. Henning adds that Dawes would be the linchpin in the Delphi case, pointing out that the CFO's knowledge was key to the government's probe in similar accounting fraud cases involving Enron Corp. and WorldCom Inc. "The CFO not only knows the accounting but he also knows the management decisions for certain transactions, so he will be a key to the case," Henning says.

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