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Judge Approves $100 Million Dell Settlement

crimeandpunishment writes "It's official. Dell will pay the US government $100 million to settle fraud charges. CEO Michael Dell will personally pay a $4 million fine. A federal judge approved the settlement after Michael Dell assured him the company will deliver on the reforms it promised. Dell was accused of pumping up its profits over five years by improperly using payments from Intel, in order to meet Wall Street targets."

17 of 72 comments (clear)

  1. Why the government? by Pikoro · · Score: 4, Insightful

    What I want to know is why is the government the one that always gets these settlements? Why not refund it back to the consumers or use it to subsidize the next year of computers that they ship out?

    I know it's a fine, but still, in the end, it's always the consumers that lose.

    --
    "Freedom in the USA is not the ability to do what you want. It is the ability to stop others from doing what THEY want"
    1. Re:Why the government? by Anonymous Coward · · Score: 5, Informative

      They were charged with fraud for improperly making their company look like it was in better health than it really was. The people "harmed" were the investors. If you want to give it to the people impacted almost all of it will go to large institutional investors who held on to their stocks thinking that the company was hitting its targets. Very few consumers would see a nickel of that money. Besides this is a slap on the wrist for Dell. Their bigger impact has been on their "reputation," but this little episode will be completely forgotten the next time the hit their targets and greed takes over. Business as usual....

  2. Payments from Intel? by rbarreira · · Score: 3, Interesting

    Might those "payments from Intel" be related to Intel's attempts to keep AMD CPUs out of the market place as much as possible?

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    The AACS key is NOT 0xF606EEFD628B1CA427BEA93A9CA9773F
    1. Re:Payments from Intel? by fuzzyfuzzyfungus · · Score: 2, Informative

      I'm fairly sure that MS has actually indulged in functionally identical practices, at least back when BeOS was regarded as a potential player.

      With Intel, the deal was "Use our chips, and ours only, and there will be large 'marketing assistance' in it for you".

      With Microsoft, the deal was "Use our OS, and ours only, and your per-unit OEM price will be competitive. Otherwise, you might find that your competitors are paying less for our product, or even end up buying licences at retail..."

      The structuring was a bit different; but the net effect is pretty much identical. In both cases, though, my understanding is that these deals were tempered by a certain degree of realism. Back when Intel was joking around with P4s, and AMD was rocking the Opterons, you could get an Opteron server from Dell(particularly in 4 sockets and above, FSB vs. hypertransport was just a joke), just not a desktop or laptop. Similarly, while they would certainly hold your hand toward Windows Server whatever, you could get your servers bare or with Redhat licences. Even in the present day, though, the desktop/laptop linux offerings are pretty perfunctory.

  3. There'll be champagne at Dell tonight. by Anonymous Coward · · Score: 2, Insightful

    I can only imagine that this would still be cheap for Dell at twice the price.

  4. Still plagued by bad capacitors by suso · · Score: 2, Informative

    I wouldn't say the time of bad capacitors is over. I've still run into and heard about recent cases.

    I think more people should know about the whole story and you can read it at http://www.badcaps.net

  5. Why civil? Fraud is a crime by schwit1 · · Score: 5, Insightful

    Why no jail time? It was a multi-million dollar fraud to bilk consumers and stockholders out of millions. How is this any different than blatant theft.

    1. Re:Why civil? Fraud is a crime by Anonymous Coward · · Score: 2, Insightful

      Why no jail time? It was a multi-million dollar fraud to bilk consumers and stockholders out of millions. How is this any different than blatant theft.

      Jail is for pot smokers, not corporate executives.

    2. Re:Why civil? Fraud is a crime by hodet · · Score: 5, Insightful

      Because it was only fraud, you make it sound like he downloaded a album off piratebay.

  6. Shows how much bad thinking is left in Wall Street by kuleiana · · Score: 5, Insightful

    Shows how much bad thinking is left in Wall Street... when one of history’s most successful computer retailers thinks it’s better to artificially “pump up” its stock prices, rather than increasing its true overall value through better products and better customer service. And as Pikoro noted above, the settlement funds should go towards programs which provide or promote technology for the public good (i.e. pumping up Kno/iPad tablet availability for schools to replace textbooks, or funding a practical, decent, open school admin database), and not going directly into mysterious government coffers where people like defense contractors can get at it, which is doing nothing but *harming* the public good.

    --
    Thinkingman.com New Media
  7. Personally? by hibernia · · Score: 3, Insightful

    CEO Michael Dell will personally pay a $4 million fine

    So, does personally, really mean personally, or is he going to get reimbursed the $4 million as a "business expense"?

    1. Re:Personally? by Chowderbags · · Score: 3, Insightful

      Michael Dell's net worth is 14 billion dollars. Fining him 4 million dollars isn't even a slap on the wrist, it's a joke. Fine him a few billion dollars and he might get a message.

  8. Re:Shows how much bad thinking is left in Wall Str by Ihmhi · · Score: 2, Insightful

    This bad thinking is endemic in our short-term society.

    For example, let's say you ran a business printing t-shirts. For an expense you can get a brand new shirt printer that will make your shirts look better than the competitions as well as cost less to print. The downside is that they are pricey enough where you would show a loss this quarter. Would you take this deal? You'd give up short-term profits on the books, but ultimately you'd get greater profits in the long run.

    There's this culture of growth growth growth. If you're not growing (and by growing, I mean making profit), you're failing - even if it's for a good reason. I honestly don't think it's a sustainable way to do business in the long term.

  9. Re:Shows how much bad thinking is left in Wall Str by jefe7777 · · Score: 4, Insightful

    The culture of growth used to be also a culture of contraction, due to a natural cycle. There was balance. Periods of expansion and contraction. People were responsible, bought only what they needed, saved like a squirrel during the good times, in preparation for the lean times.

    Now this country is built on living the lifestyle you want NOW, by financing it on your future labor & productivity. And very few squirrel away during the good times, in preparation for the lean times.

    People can adjust to contractions. But not if they're loaded up with bills and debt. If you're renting a big apartment, you move to a small apartment. If your paid-for-car costs too much to drive, you take public transportation, ride a bike, walk, or buy a used scooter. If you're commute is 100 miles, you get a different job, you move closer to your existing job. If you lose your job, you use your rainy day fund.

    In the last several decades, contractions are increasingly viewed as absolutely negative, and at the first sign of a small contraction, central planners manipulate people so that the small contraction is prevented. This is done over and over, till the strategy fails, and nature gets her way eventually, and we see a huge contraction, that would test even the most responsible people, and for those who are severely leveraged out (just look at debt to income ratio), they have zero chance of adjusting. This is analogous to putting out every small fire in forests. Then one day, the whole thing goes up in a jaw dropping inferno. The natural cycle of expansion/contraction clears out bad businesses, bad debts, reminds people to be responsible on a regular basis with minimal blood on the street, and prevents expansion for expansion's sake. The side effects of a debt based society that embraces central planning, and the idea that we can expand forever, till the music stops, and people scramble for a chair ...it is unsustainable. We're watching it in action, right here right now. This ain't a Republican thing, this ain't a Democrat thing. It's an "us" thing. The leadership of both parties have grandiose plans that are not sustainable. And the sheeple follow along as if it's only one party or the other that is insane... when the reality is, both parties are insane, and they are perfect mirror of their constituents... ...sorry for my long post with the slide into politics ..it's a bad habit. But money, economics, politics, etc are all inseparable....

  10. Re:Oh Dell by compro01 · · Score: 2, Interesting

    The reason why Dell's monitors are good is because they aren't made by Dell. Your monitor was actually made by Samsung. They also rebrand BenQ and LG monitors.

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    upon the advice of my lawyer, i have no sig at this time
  11. What about SOX??? by danwiz · · Score: 2, Interesting

    Wasn't SOX (also know as the 'Corporate and Auditing Accountability and Responsibility Act') supposed to prevent such financial accounting fraud?

    Sarbanes–Oxley Section 802: Criminal penalties for violation of SOX

    Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

  12. Re:Just from intel? by GameboyRMH · · Score: 2, Insightful

    You make 40k a year and you're "lower class?" OK I see five possibilities here:

    1. You're talking rupees while I'm thinking US dollars
    2. You're working towards being a mascot for the Republicans in the next presidential election a la Joe the Plumber, so once you're making over $250k a year you'll be "middle class"
    3. You have way too many kids and a stay-at-home wife
    4. You do more cocaine than Dr. Rockso
    5. You're so bad at managing money you make MC Hammer look good - maybe you own a boat or small aircraft.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel