| Issue #33, November
10, 2006 |
The Letter
By Dan Rattiner
Sanjay Kumar, Sentenced to 12 Years,
a Fan of Dan’s Papers
The recently deposed CEO of Computer
Associates, Sanjay Kumar, was sentenced to 12 years in prison last
Thursday.
He told the judge at his sentencing
he knew what he did was wrong and was ready to accept the consequences
for his actions.
Computer Associates, based on the
Long Island Expressway next to the Radisson in Islandia, is the
largest single employer on Long Island. It took over this dominant
position as the fortunes of the Grumman Corporation waned and, finally,
were bought up by Northrop and moved to California. Grumman made
fighter planes. CA makes software.
Anyway, CA was founded by Charles
Wang, who built his headquarters here on the East End about fifteen
years ago to take advantage of the highly educated work force on
the island. About 16,000 people work there.
Charles Wang handed the reins of the
company over to his protégé, Sanjay Kumar, in 1998
and, personally worth many hundreds of millions of dollars, went
on to greater things. He bought the New York Islanders. He bought
much of downtown Oyster Bay and proceeded to finance much of the
revival of its waterfront. More recently, he proposed a renovation
and rebuilding of the entire campus where the Islander’s play
their hockey at the Nassau Coliseum. His proposal would have resulted
in the tallest building on Long Island, a 45-story structure, with
a lighthouse beacon on the top. It was not approved, however, but
it did spark competition to rebuild the area, a project which was
won by an alliance of Charles Wang and Reckson Associates, but without
the lighthouse.
In 2002, I wrote an article about
Computer Associates and the trouble it was having with its accounting.
I knew that the company was then in the hands of Sanjay Kumar, although
Charles Wang, remained the Chairman of the Board of the Company.
I had never met either man, but three weeks after I published it,
I received a brief letter from Sanjay Kumar telling me he read and
liked the article. As the troubles followed one upon the other after
that, I never published the letter, or even showed it to anybody
except close friends. I thought the letter might not have done Kumar
any good in the courtroom, although on the other hand, it might
have. I figured if anybody wanted me to say what was in it, they
would ask me. But until then, I’d stay out of it. Now, with
this sentencing, the die has been cast.
Here are excerpts of the article Kumar
subsequently responded to, as it appeared in the issue of Dan’s
Papers on May 22, 2002.
“Computer Associates has, apparently
zigged a few times when it should have zagged. A minority stockholder
tried to force Wang (and Kumar) out last year but failed. And new
accounting techniques put in place have been described by many as
not telling you much about whether CA is doing well or badly.
‘“Really, the only thing
an investor can go on at Computer Associates is cash flow,’
one Wall Street type recently wrote. ‘You can see cash in
and cash out. That’s something anyway. But everything else
is just kind of fuzzy.’”
(At this point the article describes
the charges of financial manipulation placed against executives
at Xerox, Enron, American Health Care and other companies because
of accounting irregularities are presented. — dr)
“Wading through all this —
I just read the President of the National Accounting Society has
resigned for profiting on insider information — I got to thinking
that maybe Computer Associates is on to something.
“Maybe Computer Associates has
found the accounting technique of the future. Just count how much
money came in that day. Check the cash register. A few bucks here,
a few bucks there. Then pay the bills, and if there is any money
left over, divide it up among the stockholders. We’re with
you Computer Associates.”
* * *
Kumar wrote me his letter on official
CA stationery. He said he had read the article and enjoyed it very
much. He said maybe I really WAS onto something. I held onto the
letter for a while. But I don’t know where it is now.
* * *
I mentioned to my girlfriend yesterday
that as a result of the letter I had received from Kumar, I felt
a certain fondness for him, and hoped that the troubles overtaking
Computer Associates would be over soon, and that it seemed kind
of harsh what they sentenced Kumar to.
She replied — she possesses
far more wisdom than I do — that my fondness for him was the
result of feeling flattered. His letter indicated that he was a
fan of the paper. I just liked that I was read in such high places.
She reminded me, correctly, that I had never met the man.
At the trial, Sanjay Kumar defended
himself by first describing his humble beginnings. He grew up in
poverty in a rural area of Sri Lanka off the coast of India. His
parents moved to America when he was 13. He learned English and
went to college here and then medical school. But he found that
his interest in computers and software was too strong and so he
dropped out to take a job at a software company. Soon, Charles Wang
discovered him and his apparent genius in that field, and hired
him to work for Computer Associates and then made him his successor.
In 2001 and 2002, Kumar apparently
ordered these “new accounting techniques” at Computer
Associates to make it appear that the company was doing far better
than it really was. Among the things he did was order the accounting
department to book sales as revenue, so it would come in an earlier
year, but delay the booking of expenses until they were actually
paid, moving the expenses further along into the future. With more
in and less out in those years, what appeared to be a windfall sent
the stock at Computer Associates soaring presenting Kumar a bonus
of tens of millions of dollars for his good works.
To make matters worse, when the federal
regulatory agency that looks into these things began investigating
the accounting practices at CA, Kumar ordered various documents
shredded and then even wiped out records on his own personal computer’s
hard drive to try to hide the evidence.
“Didn’t he ever hear of
a sledge hammer?” I asked my girlfriend. “Didn’t
he ever hear of Long Island Sound? Doesn’t a computer genius
know if you erase a hard drive, the stuff on it can be restored?”
He liked my stories and read my articles.
That’s enough for me. So I guess I don’t care what he
did.
I’m with you Samjay.
* * *
And here’s a joke from 2002.
* * *
An important member of an accounting
firm is applying for a job with a major American corporation. It
will be a big step up for him. He is sitting across from the interviewer.
“Well, you certainly have had
considerable experience,’’ the interviewer says, “and
a good education. The Wharton School of Business. Harvard Law. You
are very well qualified. But I wonder how good you are with some
of the more mundane tasks.”
“Try me,’” the applicant
says.
“How much are two and two?”
“What kind of question is that?
Surely you can see I would know the answer to that question.’’
“How much are two and two?”
“How much does your firm want
it to be?”
“You’re hired.”
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