CA Research Reference

Forum Process

News Reports

Professional Analyses

Research

see also

Archive - 2001 CA Forum

Forum Process:

• Letter to Chairman Urging Withdrawal of Payment Offer (June 1, 2004)

• Letter Asking Chairman to Address Shareholder Interest in Recovering Miscalculated Executive Compensation (June 16, 2004)

• Chairman's Response to Issue of Recovering Miscalculated Executive Compensation (June 25, 2004)

• Letter to Chairman Concerning Requirements for Recruitment of CEO or Sale of Company (July 28, 2004)

• Letter to Chairman Inviting Resolution of Details for Policy to Correct Miscalculated Executive Compensation (August 4, 2004)

• Forum Report: Glass Lewis “Proxy Paper” Addressing Forum Issues (August 19, 2004)

• Annual Meeting of Shareholders (August 25, 2004)

• Letter to Chairman Suggesting Resolution of Demonstration Issue (August 27, 2004)

• Forum Report: Confusion about Sarbanes-Oxley Provision for Bonus Reimbursements (September 7, 2004)

• Management Responses to Issue of Director Status (September 8, 2004)

• Letter to Justice Department and SEC Concerning Settlement Provisions for Monitoring (September 20, 2004)

• Forum Report: Significance of Deferred Prosecution Agreement (September 30, 2004)

• Forum Report: Board Approval of "Change in Control Severance Policy" (October 23, 2004)

• Letter to Chairman Inviting Cooperative Development of Shareholder Oversight Procedures (December 8, 2004)

• Forum Report: 2005 Forum Agenda (January 4, 2005)

• Forum Report: Plans for Immediate Oversight Requirements (January 19, 2005)

• Letter to Administrator Concerning Shareholder Views for $225 Million Restitution Plan (January 26, 2005)

• Forum Report: Board Actions to Add Director, Control Litigation, Hire CFO and Amend By-Laws (February 5, 2005)

• Letter Inviting Special Litigation Committee Meeting to Define Shareholder Oversight Procedures (February 7, 2005)

• Forum Report: Management Response to Request for Cooperation (February 9, 2005)

• Meeting Plans for Fair Allocations of $225 Million Restitution Fund (February 10, 2005)

• Management Decision on Restitution Fund Meeting (February 11, 2005)

• Forum Report: Plan for Restitution Fund Meeting on March 9, 2005 (February 15, 2005)

• Written Submissions to Panel for Fair Allocations of $225 Million Restitution Fund (February 24, 2005)

• Confirmation of Management Decision Against Support of Restitution Fund Meeting (February 25, 2005)

• Forum Report: Change in Plans to Address Restitution Fund Issues Without Management Cooperation (March 1, 2005)

• Forum Program for Fair Allocations of $225 Million CA Restitution Fund (March 4, 2005)

• CA Forum Report: Review of Restitution Fund Issues (March 15, 2005)

• Forum Report: Departure of Chief Governance Officer (March 17, 2005)

• Forum Report: Explanation of “Ownership” Basis for Restitution (March 22, 2005)

• Alternative Investor View for Distribution of CA Restitution Fund (March 24, 2005)

• Request for Director Intentions to Stand for Re-election (April 5, 2005)

• Plans for Independent Review of Director Candidates (May 11, 2005)

• Management Response to Requested Cooperation in Review of Director Candidates (May 13-23, 2005)

• Shareholder Demand for Minutes to Review Performance of Director Candidates (June 27, 2005)

• Request for US Attorney's Clarification of Responsibilities to Provide Information Needed by Investors (July 21, 2005)

• Shareholder Delegate Response to Proposed Conditions for Providing Board Records (July 22, 2005)

• CA Forum Report: Administrator’s Plan for Restitution Fund (July 29, 2005)

• Letter Requesting Board Statement of Policy for Responding to Investor Inquiries (August 4, 2005)

• Clarification of Need for Board Policy Assuring Respect of Investor Inquiries (August 11-16, 2005)

• Request for Examiner Reporting on Responsibility for Investor Inquiries in Compliance with Deferred Prosecution Agreement (August 22-23, 2005)

• Suspension of Shareholder Delegate Inquiry Pending Examiner Report (August 30-September 6, 2005)

• Court Filing of Confidential July 2003 Board Minutes (March 20, 2006)

• Shareholder Proposal to Remove Directors (March 28 - June 23, 2006)

• Management Report of Unanticipated Accounting Adjustments (April 25, 2006)

• Forum Report: CA Legal Arguments to Block Shareholder Proposal (May 29, 2006)

• Forum Report: SEC Staff Agrees CA Can Prevent Shareholder Vote on Removal of Directors (June 24, 2006)

• Forum Report: CA Perspective on Shareholder Rights to Representation (June 30, 2006)

• Management Report of U.S. Attorney's Required Extension of Examination (September 14, 2006)

• Management Report of Voting at Annual Meeting (September 18, 2006)

• Forum Report: Activist Investor No Longer Holds CA Stock (November 14, 2006)

• Board Adoption of "Majority Voting" for Election of Directors (February 28, 2007)

• Forum Report: Former CA Executive's Offer of Future Services (April 4, 2007)

• Report of CA Board's Special Litigation Committee (April 13, 2007)

• Forum Report: Voting Influence of ISS Switch in Support of D'Amato (August 23, 2007)

• Forum Report: Reports of Undisclosed Payments and Failure to Protect Corporate Rights (October 12, 2007)

• Forum Report: Ranieri, Responsible for Settling CA Legal Charges, Resigning from Board (December 11, 2007)

• Forum Report: Renewing Request for CA's Public Release of Examiner's Report (September 4, 2008)

• Forum Report: Management Response to Request for Examiner's Report (September 8, 2008)

• Forum Report: Formal Request Submitted to CA for Release of Examiner's Report (September 9, 2008)

• Forum Report: Explanation of Confusion about Court Seal of Examiner's Report (September 9, 2008)

• Forum Report: Management Arguments Opposing Public Release of Examiner's Report (September 12, 2008)

• Forum Report: Process Initiated Seeking Court Approval to Release Examiner's Report, Opposed by Management (September 22, 2008)

• Forum Report: Board Opposition to Release of Report on Their Conduct (September 24, 2008)

• Forum Report: Court’s Requirement of Formal Process for Release of Reports (September 25, 2008)

News Reports (links to publisher):

• The New York Times, April 25, 2004: "Why Not Restate Bonuses?"
• The New York Times, June 6, 2004: "The Scandal That Refuses To Go Away"
• Newsday, July 1, 2004: "Wyly files $1B shareholder suit against CA"
• Reuters, July 2, 2004: "Wyly lawsuit wins little support from CA investors"
• Newsday, July 26, 2004: "CA's stabilizing force"
• Newsday, July 29, 2004: "From Shareholder Advocate - Letter blasts CA's exec search"
• Newsday, August 20, 2004: "Note to CA Shareholders - Firm advises cutting auditor, two directors"
• NYSSCPA.org (New York State Society of Certified Public Accountants), August 20, 2004: "Firm Advises CA to Drop KPMG, 2 Directors"
• IRRC Corporate Governance Highlights, August 20, 2004: Meeting Watch - CA Shareholders Disagree Over Proposal to Recoup Performance-Based Executive Compensation"
• CalPERS Proxy Voting Decisions, August 24, 2004: "Computer Assoc Intl Inc"
• Reuters, August 24, 2004: "Compensation to top agenda of CA's annual meeting"
• The Wall Street Journal, August 25, 2004: "CA Investors Weigh Plan On Scandal-Tainted Pay"
• CNET News.com, August 25, 2004: "CA execs can keep bonuses--for now"
• CRN, August 25, 2004: "Under Fire, CA Pledges To Right Its Ship"
• Reuters, August 25, 2004: "CA shareholders defeat proposal to recall bonuses"
• TheStreet.com, August 25, 2004: "Computer Associates Bonus Proposal Defeated"
• Computerworld, August 26, 2004: "CA shareholders back management over bonuses issue"
• Newsday, August 26, 2004: "Shareholders reject plan to recoup bonus"
• The Wall Street Journal, August 26, 2004: "CA Holders Vote Not to Seek Cash Of Ex-Executives"
• IRRC Corporate Governance Highlights, August 27, 2004: "Shareholders Exert Pressure to Recoup ‘Unearned’ Bonuses"
• The New York Times, August 29, 2004: "Just a Friendly Group of 'Independent' Directors"
• Crain's New York Business, August 30, 2004: "Investor uprising"
• CRN, August 30, 2004: "CA's Cron In The Running For CEO"
• The Pomerantz Monitor, September 2004: "Computer Associates Opposes Amalgamated Bank Resolution"
• IRRC Corporate Governance Highlights, September 3, 2004: "NYSE’s Proposed Rule Changes Would Require Boards to Explain How They Determined Directors’ Independence"
• Newsday, September 8, 2004: "CA may avoid corporate indictment"
• Newsday, September 9, 2004: "Two fired CA executives seek damages"
• Computer Associates International at SG Cowen 32nd Annual Fall Technology Conference, September 9, 2004 (webcast)
• Dow Jones Newswires, September 9, 2004: "Computer Associates CFO: Still Negotiating With US Govt"
• Associated Press, September 10, 2004: "Battle Intensifies Over Executive Bonuses"
• The Wall Street Journal, September 20, 2004: "CA, Prosecutors Discuss Resolution"
• TheStreet.com, September 21, 2004: "Cleanup Firm Sets Sights on Computer Associates"
• Newsday, September 22, 2004: "Feds, CA to announce settlement"
• The New York Times, September 22, 2004: "Guilty Plea Seen in Computer Associates Case"
• The Wall Street Journal, September 22, 2004: "Computer Associates Strikes Deal"
• TheStreet.com, September 22, 2004: "Former Computer Associates CEO Indicted"
• eWeek, September 23, 2004: "The CA Indictment Trail Gets Longer"
• Financial Times, September 23, 2004: "Former CA executives charged with fraud"
• Newsday, September 23, 2004: "Ex-CA chairman Kumar indicted for fraud"
• The New York Times, September 23, 2004: "Ex-Chief of Computer Associates Is Indicted on Fraud Charges"
• The Wall Street Journal, September 23, 2004: "U.S. Indicts Sanjay Kumar For Fraud, Lies"
• Newsday, September 24, 2004: "Kumar, Richards plead not guilty"
• The Wall Street Journal, September 24, 2004: "In CA Probe: Recovered E-Mails, Surprise Cache of Documents"
• Associated Press, September 25, 2004: "Computer Associates Could See More Changes"
• TheStreet.com, September 29, 2004: "Can CA Get Back to Business?"
• Newsday, October 1, 2004: "Boardroom battle over CA's next CEO"
• Computer Associates, October 1, 2004: "CA Statement on CEO Search"
• The New York Times (Long Island edition), October 3, 2004: "Computer Associates Focuses on the Future"
• Dow Jones Newswires, October 5, 2004 (3:39pm update): "Computer Assoc's Cron Plans To Stay As CEO Or Dir"
• CASH, October 7, 2004: "bilanzskandal - Bei dieser Firma sind alle Pferde durchgegangen" ["Accounting scandal - At this company, the horses have bucked their riders"]
• The Wall Street Journal, October 12, 2004: "Recovering Bonuses Remains Infrequent Despite Emphasis On Corporate Reform"
• Newsday, October 18, 2004: "Wyly moves to reopen settlement"
• Newsday, October 20, 2004: "CA offers tutorial on its accounting"
• Associated Press, October 20, 2004: "Benefit Narrows Computer Associates Loss"
• IRRC Corporate Governance Highlights, October 22, 2004: "Annual NACD Conference Examines Recent Dramatic Changes in Boardroom - Culture Sets the Tone"
• Newsday, October 26, 2004: "Board’s move could prep CA for takeover"
• Reuters, October 26, 2004: "Computer Associates exec sold 20 pct of his shares"
• IRRC Corporate Governance Highlights, October 29, 2004: "ICGN Conference Focuses on Board Oversight of Executive Compensation"
• Newsday, November 3, 2004: "Execs settle with SEC"
• Newsday, November 5, 2004: "9/11 lawyer will oversee CA"
• Newsday, November 10, 2004: "Wyly's still on CA's case"
• Newsday, November 22, 2004: "IBM executive expected to be named CA chief"
• Newsday, November 22, 2004, 2:47pm: "IBM executive expected to be named CA chief"
• Associated Press, November 22, 2004: "Computer Associates Taps IBM's Swainson"
• Newsday, November 23, 2004: "Big Blue exec next CEO"
• The New York Times, November 23, 2004: "Software Firm to Name New Chief Executive"
• The Wall Street Journal, November 23, 2004: "Computer Associates Names New CEO"
• Dow Jones Newswires, November 23, 2004: "Wall Street Sees New Computer Associates CEO As Good Fit"
• Newsday, November 24, 2004: "New CA chief outlines plans for company"
• Reuters, November 24, 2004: "Computer Assoc. awards new CEO $12.8 mln package"
• Newsday, November 25, 2004: "New CEO to get $8.6M"
• BusinessWeek, December 6, 2004: "CA's New Boss: 'He's Going To Have His Hands Full'"
• Newsday, December 9, 2004: "Wyly wants to re-open CA settlement"
• The Wall Street Journal, December 9, 2004: "Computer Associates Investors Seek to Reopen Litigation"
• Dallas Morning News, December 17, 2004: "A thorn with sticking power"
• Bloomberg, December 24, 2004: "Computer Associates' Swainson Finds Structure Isn't `Logical'"
• Corporate Board Member Magazine, January/February 2005: "The Best (and Worst!) Board Performances of 2004"
• Reuters, January 14, 2005: "CA CEO vows to revamp sales force"
• Newsday, January 14, 2005: "Wyly Continues to Battle CA - As part of Texas tycoon’s efforts to have case reopened, he seeks expedited discovery of evidence"
• The New York Times, January 16. 2005: "Remember When Ken Lay Was a Genius?"
• The New York Times, January 17, 2005: Op-Ed Contributor, Lucian Bebchuk, "What's $13 Million Among Friends?"
• Investor Relations Magazine (IRontheNet.com), January 20, 2005: "The pre-pre proxy season contest - IRRC sets the stage"
• IRRC Corporate Governance Highlights, January 21, 2005: "Corporate Practitioners Should 'Reach Out' To Shareholder Proponents, Say Forum Panelists"
• Newsday, January 22, 2005: "After 26 years with IBM, soon-to-be CEO plans to implement a similar organizational structure in Islandia"
• Reuters, January 24, 2005: "New CEO remaking Computer Associates after IBM"
• Newsday, January 26, 2005: "Positive numbers for CA - Incoming chief executive is cautiously optimistic; a push in consumer software is cited in growth"
• Dow Jones Newswires, January 29, 2005: "DAVOS: In Ironic Twist, CA Benefits From Sarbanes-Oxley"
• Dow Jones Newswires, February 1, 2005: "CA Elects Former IBM Executive As Independent Director"
• Globe and Mail, February 2, 2005: "CA forced to run own turnaround program - Incoming CEO must get firm to practise what it preaches in aftermath of scandal"
• Wall Street Journal, February 2, 2005: "CA Names Davis, A Dell Executive, As Finance Chief"
• Newsday, February 2, 2005: "CA faces software royalty suit - Formerly affiliated firm seeks damages alleging fraud, theft, racketeering and copyright violations"
• MarketWatch, February 2, 2005: "CA taps Robert Davis as finance chief - Analysts praise hire that effectively completes overhaul"
• New York Times, February 13, 2005: "Giving Away Lots of Money Is Easy, Right?" (See related Video: "Business Minute With Gretchen Morgenson" )
• Wall Street Journal, February 15, 2005: "Ernst & Young Is Sued Over Advice On CA Purchase of Software Firm"
• Newsday, February 16, 2005: "CA's Kron gets $500G bonus"
• Wall Street Journal, February 16, 2005: "Computer Associates Sees Many Acquisition Targets"
• Washington Post (Bloomberg), February 20, 2005: "Seeking Companies Poised for Recovery - Nuveen NWQ Has Placed a Big Bet on Computer Associates' Revitalization"
• Dow Jones Newswires, February 23, 2005: "Michaels Stores Inquiry Centers On Texas Tycoons"
• Newsday, February 24, 2005: "Michaels Stores subpoenaed over Wyly transactions"
• Newsday, March 12, 2005: "U.S. prosecutor to join CA"
• Barron's, March 14, 2005: "Hidden Treasures - Hancock Classic Value finds profits in problem stocks"
• Newsday, March 17, 2005: "Judge taps CA watchdog - Manhattan lawyer Lee Richards picked as firm's independent examiner, as part of Computer Associates' agreement"
• Dow Jones Newswires, March 17, 2005: "CA Confirms Departure Of Governance Executive Lamm"
• Newsday, April 6, 2005: "CA board shake-up?"
• NYSSCPA.org (New York State Society of Certified Public Accountants), April 6, 2005: "CA May Shake-Up Its Board"
• Newsday, April 8, 2005: "CA to buy Concord in deal that brings questions"
• The New York Times, April 10, 2005: "Wyly Brothers to Return Profits Made in Share Sale"
• Newsday, April 12, 2005: "CA director takes step back"
• TheStreet.com, April 12, 2005: "CA Doubles Dividend"
• Financial Times, April 18, 2005: "CA chief candid about fall-out from scandal"
• Forbes, April 25, 2005: "Wyly's War | Enraged by the accounting mess at Computer Associates, Texas billionaire Sam E. Wyly wants revenge - and is suing just about everybody to get it"
• Reuters, May 26, 2005: "Computer Associates to restate 4-years results"
• TheStreet.com, May 26, 2005: "Computer Associates' Top Line Falls Short"
• Financial Times, May 27, 2005: "CA to restate results again"
• Newsday, May 27, 2005: "CA digs, finds more problems | Company discovers improper transactions dating back to 1998, forcing it to restate financials through ’05"
• Wall Street Journal, May 27, 2005: "Computer Associates Net Falls, More Accounting Issues Arise"
• New York Times Dealbook, May 27, 2005 (brief): "Computer Associates International said it would modify five years of financial statements..."
• Associated Press, May 27, 2005: "Computer Associates to Restate 5 Years"
• The Deal, May 27, 2005: "CA poised for M&A push"
• CFO, May 28, 2005: "Computer Associates to Restate Results"
• SmartMoney, May 31, 2005: "A Crummy Stock Gets Crummier"
• The Deal, June 3, 2005: [Corporate Restructuring - interview] "Mountain man"
• Reuters, June 7, 2005: "Computer Assoc. sees no further delay in 10k filing"
• New York Times, June 9, 2005: "Computer Associates Plans Fourth Acquisition in a Year"
• Associated Press, June 13, 2005: "Corporate Lawyers Criticize U.S. Strategy"
• TheStreet.com, June 13, 2005: "Computer Associates Gets a Closer Look"
• Wall Street Journal, June 16, 2005: "Bristol-Myers Ex-Officials Are Indicted
  | Drug Maker to Pay $300 Million To Settle Criminal Investigation"
• Newsday, June 17, 2005: "Judge says Wyly can pursue CA documents"
• Wall Street Journal, June 20, 2005: "Crime & Punishment | Crackdown Puts Corporations, Executives in New Legal Peril"
• The Deal, June 24, 2005: "The long road to recovery"
• Reuters, June 27, 2005: "Computer Assoc. considering name change for fresh start"
• TheStreet.com, June 27, 2005: "CA Shareholders Seek Board Minutes"
• Newsday, June 28, 2005: "Could a name-change help CA?"
• Newsday, June 30, 2005: "CA reports 'minor' changes in past results"
• Newsday, June 30, 2005: "Feds: Ex-CA execs paid hush money"
• Reuters, June 30, 2005: "Computer Associates Finds Material Weaknesses"
• Wall Street Journal, June 30, 2005: "Evidence Builds Against Former CA Chief Kumar" [original heading, "Government Amends CA's Indictment," corrected July 1, 2005]
• Wall Street Journal, July 7, 2005: "Plan to Give Defrauded Investors Money From Fines Faces Hurdles"
• Newsday, July 11, 2005: "Ex-CA exec's alleged scheme leads to tax charge"
• Financial Times, July 13, 2005: "John Swainson, CEO of Computer Associates"
• Reuters, July 13, 2005: "Former Computer Assoc. CEO faces trial in April"
• Newsday, July 14, 2005: "April trial date set for Kumar"
• Newsday, July 23, 2005: "Fired employees sue CA, law firms"
• Reuters, July 26, 2005: "CA director opts out of board re-election"
• Wall Street Journal, July 26, 2005: "CA Says Former CEO Kumar Forfeited $7.6 Million in Stock"
• Newsday, July 27, 2005: "CA co-founder to leave board"
• TheStreet.com, July 27, 2005: "Computer Associates to Cut 5% of Jobs"
• Financial Times, July 28, 2005: "CA more than doubles its income"
• Forbes, July 28, 2005: "CA Lays Off Workers, Again"
• Newsday, July 28, 2005: "CA to cut its workforce by 800"
• Wall Street Journal, July 28, 2005: "CA Net Doubles on Tax Benefit; Revenue Rises 8%"
• Associated Press, July 30, 2005: "Study Shines Light on Earnings Statements"
• Newsday, August 25, 2005: "Investors starved for answers"
• Newsday, August 26, 2005: "CA nixes request for minutes"
• NYSSCPA.org (New York State Society of Certified Public Accountants), August 26, 2005: "CA Won’t Honor Request for Board Minutes"
• Newsday, September 20, 2005: "CA takes Manhattan | Signs lease for Madison Ave. space to have a presence in the city but stresses HQ will remain on LI"
• Newsday, September 29, 2005: "Tower teammates | Wang, stymied by lawmakers in his plan to redevelop Coliseum, joins with Reckson to bolster his bid"
• Wall Street Journal, October 17, 2005: "The Cop on the Board"
• Financial Times, October 20, 2005: "CA issues accounts restatements"
• Barron's, October 24, 2005: "Getting With the Program"
• Newsday, October 26, 2005: "CA posts gain, stays cautious"
• Corporate Crime Reporter, November 28, 2005: "Interview with David Pitofsky [former Assistant US Attorney responsible for Computer Associates cases]"
• Forbes, November 15, 2005: "Computer Associates May Execute Better In Coming Year"
• BusinessWeek, November 21, 2005: "Computer Associates: Clearing A Cloud" (See also: December 5, 2005 CA management response)
• Newsday, December 2, 2005: "CA's boxing match | His hands finally on 23 cartons of files, millionaire gadfly presses fight to nullify shareholder pact"
• CFO, January 1, 2005: "Race to Reform | CFO Bob Davis and his cohorts have nine months left"
• BusinessWeek, February 13, 2006: "The New Ethics Enforcers" (See also "Online Extra: Calling the Ethics Cops")
• Bloomberg, February 15, 2006: "CA Inc.'s Ex-Chief Kumar Erased Laptop During Probe, U.S. Says"
• Newsday, March 8, 2006: "Feds: Kumar had habit of obstruction"
• Reuters, March 16, 2006: "Relational to press for change at CA"
• Newsday, March 29, 2006: "CA executives motive to cook the books"
• Newsday (Bloomberg), April 2, 2006: "2 from LI firm's board targeted"
• The New York Times, April 2, 2006: "One Share, One Vote: One Big Test"
• Newsday, April 13, 2006: "Claim on auditor switch | Prosecutors suggest CA wanted to keep payout details quiet" (Also download referenced board minutes, 5 pages, 99 KB, in PDF format)
• TheStreet.com, April 24, 2006: "Former CA Chief Expected to Plead Guilty"
• The New York Times, April 25, 2006: "Software Chief Admits to Guilt in Fraud Case"
• Newsday, April 25, 2006: "CA investors eye restitution | Experts say guilty pleas of 2 will help the troubled company, but questions remain on who'll repay money"
• TheStreet.com, April 25, 2006: "CA Slashes Profit Forecast"
• The New York Times, April 27, 2006: "The Shareholder Spring"
• Wall Street Journal, April 27, 2006: "CA Turns To SEC In Fight Vs Proposal On Directors' Ouster"
• The New York Times, April 30, 2006: "Can't Take It Anymore?"
• Fortune-CNN, May 2, 2006: "CEO pay: They didn't earn it - and should return it"
• Institutional Shareholder Services, May 2, 2006: "Amalgamated Bank Targets CA Again"
• Wall Street Journal, May 10, 2006: "CA's Chief Technology Officer Will Join Firm as a Director"
• Newsday, May 11, 2006: "Another top exec leaves CA | Second high-level official to depart; software company sees no connection with financial woes"
• The Deal, May 11, 2006: "Shareholder files suit against CA"
• Dow Jones Newswires, May 11, 2006: "Lawsuit Seeks Answer On Shareholders' Power Over Bylaws"
• TheStreet.com, May 15, 2006: "Another Defection at CA"
• TheStreet.com, May 15, 2006: "CA Stability Still on Hold"
• The Deal, May 15, 2006: "CA faces executive exodus"
• Newsday, May 16, 2006: "CA finance execs make an exit | Latest resignations at embattled software maker comes on heels of a 4Q revenue slide, 2 top-level departures"
• Reuters, May 30, 2006: "CA delays earnings, sees quarterly loss"
• TheStreet.com, May 30, 2006: "CA Shareholders Tested Again"
• Chief Executive, June 2006: [Feature interview] "Back From the Brink"
• TheStreet.com, June 1, 2006: "CA Cut on Earnings Delay"
• Newsday, June 2, 2006: "CA cuts workers' extra 401(k) pay"
• Newsday, June 5, 2006: "Challenge at CA: End the turmoil"
• Reuters, June 5, 2006: "CA removes sales chief from his post"
• The Wall Street Journal, June 5, 2006: "Top CA Sales Executive Is Leaving"
• Newsday, June 6, 2006: "Another CA exec departs in shuffle | An ex-IBM officer brought in to turn around sales is leaving amid commissions controversy"
• The Wall Street Journal, June 6, 2006: "CA Global Sales Chief Becomes
  The Latest Executive to Depart | Company Has No Plans To Fill Corgan's Position; Commissions Issue Simmers"
• The Wall Street Journal, June 8, 2006: "Behind CA's Woes: Holes in Internal Controls"
• Newsday, June 9, 2006: "CA to launch major ad blitz | Worldwide 'branding program' aims to deflect bad press, but critics say the campaign's rhetoric seems baseless"
• Associated Press, June 9, 2006: "SEC Not Compelled to Enforce 'Clawback'"
• Dow Jones Newswires, June 9, 2006: "CA Inc Grants 45,375 Restricted Shares To Chief Exec"
• The New York Times, June 11, 2006: "Finally, Shareholders Start Acting Like Owners"
• Dow Jones Newswires, June 13, 2006: "CA Requests Delay For Filing Results Till June 29"
• Newsday, June 15, 2006: "CA asking SEC for extension | Software company needs more time to ready financial statements for its annual report; chief tech officer expected to be named soon"
• Newsday, June 22, 2006: "Ex-CA exec guilty in hush-money plot"
• The Wall Street Journal, June 22, 2006: "CA Ex-Vice President's Guilty Plea Is Latest in Fraud-Probe Fallout"
• The New York Times, June 25, 2006: "Soviet-Style Proxies, Made in the U.S.A."
• Newsday, June 27, 2006: "CA gets SEC support"
• Dow Jones Newswires, June 27, 2006: "CA Inc. To Add Proposal Bounced By Courts To July Proxy"
• Newsday, June 27, 2006 (web site): "CA seeking money from disgraced ex-executives"
• TheStreet.com, June 29, 2006: "CA Hits Targets, Delays 10-K"
• Global Proxy Watch, June 30, 2006: "Shield"
• Newsday, June 30, 2006: "More problems with CA's figures | On top of accounting woes already revealed, it reports stock-option irregularities, revenue understatement"
• Newsday, July 1, 2006: "CA stock falls on new woes"
• TheStreet.com, July 7, 2006: "TechWeek: Mercury Played by Own Rules"
• Newsday, July 29, 2006: "CA picks a new CFO | A health-care exec joins the company as it battles to regain its financial footing after slew of problems"
• The Wall Street Journal, August 1, 2006: "CA Restates Results, Posts Quarterly Net Loss"
• Newsday, August 1, 2006: "CA explains its errors in report | LI software giant lists mistakes in latest financial statement, separately says board member to depart"
• Newsday, August 9, 2006: "CA needs 2nd extension | Islandia software giant asks SEC for five extra days to report results for first quarter due to internal review"
• Newsday, August 22, 2006: "CA breakfast is toast | Company trimming costs by taking away free meal at offices worldwide even as CEO’s perks detailed"
• TheStreet.com, September 6, 2006: "Watchdog Group Opposes CA Director D'Amato"
• Newsday, September 8, 2006: "CA turnover continues"
• Newsday, September 15, 2006: "CA, investors gear up to meet | Sagging stock prices and activists urging shareholders to withhold votes for board members promise a lively Monday session"
• Dow Jones Newswires, June 27, 2006: "CA Board Faces Test At Shareholder Meeting Monday"
• New York Post, September 16, 2006: "CA Hits Pothole | Proxies Want Ex-Sen. D'Amato Kicked Off Board"
• The Wall Street Journal, September 16, 2006: "D'Amato, Others Under Fire at CA"
• Financial Times, September 18, 2006: "Accounting lapses anger CA investors"
• Newsday, September 19, 2006: "CA wants funds from ex-execs | Recovery of millions among software company's goals as shareholders re-elect 11 directors, including embattled D'Amato"
• New York Post, September 19, 2006: "Angry CA Vote - D'Amato May Lose Board Seat"
• New York Times/Reuters, September 19, 2006: "Software Chief Sees a Recovery of Some Losses From Scandal"
• Investment Dealers Digest, October 6, 2006: "The Trouble With Lewie: The iconic former Salomon Brothers trader finds himself targeted by shareholder advocates"
• TheStreet.com, October 16, 2006: "CA Adopts Poison Pill Plan"
• Newsday, October 24, 2006: "Kumar seeks to blunt blame for CA scandal"
• The Wall Street Journal, October 28, 2006: "Corporate Crime | Sanjay Kumar Awaits His Sentence"
• Newsday, October 30, 2006: "Wang watches CA from afar"
• Newsday, November 3, 2006: "Business shadowed by ills"
• The Wall Street Journal, October 28, 2006: "Former CA Chief Is Sentenced To 12-Year Prison Term, Fined"
• Bloomberg, November 14, 2006: "CA Stake Sold by Whitworth's Relational Investors"
• TheStreet.com, November 14, 2006: "CA Shareholder Unwinds Stake"
• Fortune, November 16, 2006 (November 27, 2006 print issue): "CA: America's most dysfunctional company"
• The Wall Street Journal, November 17, 2006: "CA Sues Ex-CEO To Recoup Legal Fee"
• Newsday, November 23, 2006: "As employee costs rise, CA buys helicopter"
• Bloomberg, January 17, 2007: "CA Inc.'s Shareholders Say Ex-Chief Should Pay Software Maker"
• The Deal, January 26, 2007: "The question of CA"
• Newsday, January 30, 2007: "CA begins rebranding as rumors swirl"
• Newsday, February 20, 2007: "CA dissident to get settlement data"
• Bloomberg, February 20, 2007: "Wyly Wins Rights to CA Settlement Documents From 3 Law Firms"
• Newsday, February 25, 2007: "Ethics commission will review Kenny's role on board" and "How lucrative relationship developed | College president who also served as a director of CA defends dual roles and denies any conflict of interest"
• Newsday, March 12, 2007: "Poker expert folds chunk of CA shares"
• The New York Times, April 13, 2007: "Ex-Executive Agrees to Pay $800 Million in Restitution"
• Newsday, April 14, 2007: "Blaming the boss | Committee report claims co-founder of Computer Associates directed $2.2-billion accounting fraud"
• The New York Times, April 14, 2007: "CA Says Its Founder Aided Fraud"
• The Wall Street Journal, April 14, 2007: "Directors' Probe Ties CA Founder To Massive Fraud | Report Suggests Suing Wang for $500 Million; Evidence of Backdating"
• Newsday, April 15, 2007: "Culture shock at CA | After an internal report shreds company co-founder Wang, a knock-down, drag-out battle appears to be on the horizon"
• The Sunday Times (London), April 15, 2007: "For Hire"
• Newsday, April 17, 2007: "Q&A | Banker: Jury still out on CA's future"
• Kiplinger, May 1, 2007: "Can Tainted Stocks Make Good Investments?"
• Newsday, May 22, 2007: "Criminal case against CA ends"
• Newsday, June 14, 2007: "CA chairman steps down"
• Newsday, July 18, 2007: "Top CA Inc. execs take home more than $23 million"
• Newsday, July 27, 2007: "Dissident Wyly seeks to keep heat on CA board"
• Newsday, August 8, 2007: "Judge's ruling a setback for CA shareholder Wyly"
• Newsday, August 9, 2007: "CA shareholders advised to vote against D'Amato"
• Newsday, August 13, 2007: "Firm opposes D'Amato re-election to CA board"
• Newsday, August 21, 2007: "CA files request to ensure suit against founder"
• Newsday, August 23, 2007: "D'Amato, 11 others re-elected at CA"
• Newsday, October 4, 2007: "Sam Wyly makes new accusations against CA board"
• Newsday, October 10, 2007: "Judge denies CA's request to pursue Wang's fortune"
• Newsday, November 27, 2007: "Suit: Lawyers cut deal on CA claims to grab fat fees"
• Wall Street Journal, November 27, 2007: "Sam Wyly Sues Milberg Weiss Over CA Class Action"
• Newsday, December 20, 2007: "Some CA shareholders ordered to return payments"
• Wall Street Journal, December 20, 2007: "Computer Associates Investors Received Too Much. Doh!"
• May 20, 2008 Wall Street Journal: "Internal Franklin Probe Finds Accounting Errors" (see also revised May 21, 2008: "New Setback for Ranieri")
• May 20, 2008 CFO Magazine: "Bank Job at Troubled Franklin Goes to Ranieri"
• May 27, 2008 Columbia Journalism Review, Debits & Credits: "Ranieri’s CA record: down the memory hole"
• July 18, 2008 Wall Street Journal: "Delaware Court Rules for CA in Suit"
• September 3, 2008 Newsday: "Former CA chief accuses D'Amato, Ranieri of cover-up"
• September 3, 2008 AmLaw Daily: "Convicted Computer Associates CEO Slings Dirt at Former Colleagues, Lawyers"
• September 3, 2008 CFO Magazine: "Jailed CA Ex-Chief Kumar Points at Others"
• September 4, 2008 Bloomberg: "CA Founder Wang `Personally Directed' Fraud, Ex-Chief Says"
• September 4, 2008 Wall Street Journal: "Jailed Ex-CEO Kumar Implicates Others in Cover-Up"
• September 10, 2008 Newsday: "10 keep positions on CA's board"

Professional Analyses:

• Glass Lewis & Co., August 18, 2004 (revised August 19, 2004): "Proxy Paper" on Computer Associates International, Inc., for August 25, 2004 Annual Meeting

• Fitch Ratings, November 15, 2004 press release: "Fitch Initiates Coverage of Computer Associates at 'BBB-'; Outlook Stable"
• Moody's Investors Service, November 15, 2004 press release: "Moody's Assigns Ba1 to Computer Associates' Proposed $750 Million Senior Unsecured Notes; Outlook Stable"
• Moody's Investors Service, December 28, 2004 press release: "Moody's Assigned Computer Associates International a Speculative Grade Liquidity Rating of SGL-1"
• Standard & Poor's, May 27, 2005 press release: "Computer Associates International Inc. Outlook Revised To Negative; Ratings Affirmed"
• Moody's Investors Service, June 1, 2006 press release: "Moody's Revises CA, Inc.'s Outlook to Negative from Positive"
• Fitch Ratings, June 8, 2006 press release: "Fitch Revises Outlook on CA, Inc. to Negative"
• Standard & Poor's, July 5, 2006: "CA Inc. Placed on CreditWatch Negative; Ratings Lowered To 'BB'"
• Moody's Investors Service, August 3, 2006: "Moody's Confirms CA's Ratings at Ba1; Outlook Is Negative"
• PROXY Governance, September 6, 2006: Report of voting recommendations for CA annual meeting, September 6, 2006
• Glass Lewis & Co., September 7, 2006: "Proxy Paper" on CA, Inc. for September 18, 2006 Annual Meeting
• Institutional Shareholder Services (ISS), September 10, 2006: Report of voting recommendations for CA annual meeting, September 6, 2006
• PROXY Governance, August 7, 2007: Report of voting recommendations for CA annual meeting, August 22, 2007
• Glass Lewis & Co., August 10, 2007: "Proxy Paper" on CA, Inc. for August 22, 2007 Annual Meeting
• Mergermarket, December 18, 2007: "CA could tap cash for targeted buys, execs say; reformed company attracts bidder, source says"

Research:

• Corporate

  • By-Laws of Computer Associates International, Inc.

   

• Court Records

  • Deferred Prosecution Agreement and referenced Exhibit B "Information" in United States of America v. Computer Associates International, Inc., Cr. No. 04-837 (ILG), September 22, 2004

  • September 5, 2008 Docket Report: USA v. Computer Associates International, Inc., Criminal Case No. 1:04-cr-00837-ILG, U.S. District Court, Eastern District of New York
     

• General

  • U.S. Department of Justice, January 20, 2003 Memorandum: "Principles of Federal Prosecution of Business Organizations"

  • Statement of Public Policy Relating to Corporate Payments of SEC Penalties (April 29, 2004 speech by Stephen M. Cutler, Director of the SEC Division of Enforcement)

  • The Wall Street Journal, November 12, 2004: "As Corporate Fines Grow, SEC Debates How Much Good They Do"
  • Corporate Crime Reporter, November 28, 2005: "Interview with David Pitofsky [former Assistant US Attorney responsible for Computer Associates cases]"