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"Deferred Prosecution" Could Cost CA $400 - $500 Million

"Deferred Prosecution" Could Cost CA $400 - $500 Million

Supposedly Computer Associates is going to announce a deal with the SEC and federal prosecutors in the next few days and ring down the curtain on the two-year investigation of CA’s books that found the company "corrupt."

Supposedly it's a package deal called "deferred prosecution," a kind of probation that will let CA dodge corporate criminal indictment, and supposedly it could cost CA something like $400 million or $500 million to cop the plea.

The amount of the fine quietly being bruited about would be 40 or 50 times the $10 million CA supposedly started the bidding at.

The company has roughly $2.17 billion in the bank.

The feds, who insisted that CA clean house and turn over its management as part of its penance, are also supposed to indict ex-CEO Sanjay Kumar and mess of lesser fish, and two of CA's inside lawyers are reportedly going to plead guilty to obstruction of justice charges. A kind of corporate parole officer may be appointed to monitor CA's activities for the next couple of years.

Long about mid-October, maybe as a result of the massive penalty, or maybe just because the company isn't selling what it needs to, CA is supposed to fire 10%-15% of its 15,000 people.

Meanwhile, according to Newsday, CA's local paper, two fired employees have sued the company charging wrongful termination, forced kickbacks to managers, retaliation for whistle blowing and age discrimination.

One of the suits brought by former employee David Lenihan claims he was forced to pay ex-regional manager Dan Tunnell and ex-sales manager Douglas Surette $40,000 of a $100,000 commission check under threat of losing the whole commission. He also claims he had to pick up all the taxes on the money. He says he was forced to pay them another $10,500 out of a second bonus. Lenihan claims he was fired after he reported the alleged payments.

The second suit brought by John Bohne, who was with CA for 19 years, claims he was fired for bringing to light improprieties related to how CA booked a particular contract. He says he was never paid the commissions he was owed either.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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