Bernard Ebbers
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Bernard John Ebbers (August 27, 1941 – February 2, 2020) was a
Canadian-American Canadian Americans () are Citizenship of the United States, American citizens or in some uses residents whose ancestry is wholly or partly Canadians, Canadian, or citizens of either country who hold dual citizenship. Today, many Canadian American ...
businessman and the co-founder and CEO of
WorldCom MCI, Inc. (formerly WorldCom and MCI WorldCom) was a telecommunications company. For a time, it was the second-largest long-distance telephone company in the United States, after AT&T. WorldCom grew largely by acquiring other telecommunicatio ...
. Under his management, WorldCom grew rapidly but collapsed in 2002 amid revelations of accounting irregularities, making it at the time one of the largest accounting scandals in the United States. Ebbers blamed his subordinates but was convicted of
fraud In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...
and
conspiracy A conspiracy, also known as a plot, ploy, or scheme, is a secret plan or agreement between people (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder, treason, or corruption, especially with a political motivat ...
. In December 2019, Ebbers was released from Federal Medical Center, Fort Worth, due to declining health, having served 13 years of his 25-year sentence, and he died just over a month later. In 2009, '' Condé Nast Portfolio'' and ''
Time Time is the continuous progression of existence that occurs in an apparently irreversible process, irreversible succession from the past, through the present, and into the future. It is a component quantity of various measurements used to sequ ...
'' named Ebbers among the worst CEOs in business history. Dubbed the "Telecom Cowboy," Ebbers often wore boots and blue jeans instead of the typical corporate uniform of a suit and tie. He also lived on a farm and loved to drive a tractor.


Early life and education

Ebbers was born in
Edmonton Edmonton is the capital city of the Provinces and territories of Canada, Canadian province of Alberta. It is situated on the North Saskatchewan River and is the centre of the Edmonton Metropolitan Region, which is surrounded by Central Alberta ...
, Alberta, the second of five children of Kathleen and John Ebbers, a traveling salesman. His family were devout
Christians A Christian () is a person who follows or adheres to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. Christians form the largest religious community in the world. The words '' Christ'' and ''C ...
. When Ebbers was young, the family moved to
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
and later lived for a while on a mission post on a
Navajo Nation The Navajo Nation (), also known as Navajoland, is an Indian reservation of Navajo people in the United States. It occupies portions of northeastern Arizona, northwestern New Mexico, and southeastern Utah. The seat of government is located in ...
Indian reservation An American Indian reservation is an area of land land tenure, held and governed by a List of federally recognized tribes in the contiguous United States#Description, U.S. federal government-recognized Native American tribal nation, whose gov ...
in
New Mexico New Mexico is a state in the Southwestern United States, Southwestern region of the United States. It is one of the Mountain States of the southern Rocky Mountains, sharing the Four Corners region with Utah, Colorado, and Arizona. It also ...
before moving back to Canada when Ebbers was a teenager. After high school, Ebbers briefly attended the
University of Alberta The University of Alberta (also known as U of A or UAlberta, ) is a public research university located in Edmonton, Alberta, Canada. It was founded in 1908 by Alexander Cameron Rutherford, the first premier of Alberta, and Henry Marshall Tory, t ...
and Calvin College before enrolling at Mississippi College on a
basketball Basketball is a team sport in which two teams, most commonly of five players each, opposing one another on a rectangular Basketball court, court, compete with the primary objective of #Shooting, shooting a basketball (ball), basketball (appro ...
scholarship. Between schools, he worked as a milkman and bouncer. An injury before his senior season prevented him from playing his final year and he was instead assigned to coach the junior varsity team. In 1967, he received a
Bachelor's degree A bachelor's degree (from Medieval Latin ''baccalaureus'') or baccalaureate (from Modern Latin ''baccalaureatus'') is an undergraduate degree awarded by colleges and universities upon completion of a course of study lasting three to six years ...
in
physical education Physical education is an academic subject taught in schools worldwide, encompassing Primary education, primary, Secondary education, secondary, and sometimes tertiary education. It is often referred to as Phys. Ed. or PE, and in the United Stat ...
, with an academic minor in
secondary education Secondary education is the education level following primary education and preceding tertiary education. Level 2 or ''lower secondary education'' (less commonly ''junior secondary education'') is considered the second and final phase of basic e ...
, from Mississippi College.


Career

Ebbers began his business career operating a chain of motels in Mississippi. In 1983, following a meeting at a coffee shop in Hattiesburg, Mississippi, Murray Waldron wrote a business plan for selling low-cost, long-distance phone service on a napkin. Ebbers and a group of investors raised $650,000 to form Long Distance Discount Services, Inc. In 1985, he was named
chief executive officer A chief executive officer (CEO), also known as a chief executive or managing director, is the top-ranking corporate officer charged with the management of an organization, usually a company or a nonprofit organization. CEOs find roles in variou ...
. The company acquired over 60 telecommunications firms and in 1995, it changed its name to WorldCom. In 1996, WorldCom acquired MFS Communications (originally
Metropolitan Fiber Systems MFS Communications Company, Inc. (Metropolitan Fiber Systems) was a competitive local exchange carrier that owned and operated local network access facilities installed in and around major U.S. cities and several major European cities. MFS also ...
) and in July 1998, it acquired MCI Communications. In July 2000, it abandoned its planned $115 billion acquisition of
Sprint Corporation Sprint Corporation was an American telecommunications company. Before being acquired by T-Mobile US on April 1, 2020, it was the fourth-largest mobile network operator in the United States, serving 54.3 million customers as of June 30, 2019. Th ...
after U.S. and
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
antitrust Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
regulators raised objections. Between September 2000 and April 2002, the
board of directors A board of directors is a governing body that supervises the activities of a business, a nonprofit organization, or a government agency. The powers, duties, and responsibilities of a board of directors are determined by government regulatio ...
of Worldcom authorized several loans and loan guarantees to Ebbers so that he would not have to sell his Worldcom shares to meet margin calls as the share price plummeted during the bursting of the
dot-com bubble The dot-com bubble (or dot-com boom) was a stock market bubble that ballooned during the late-1990s and peaked on Friday, March 10, 2000. This period of market growth coincided with the widespread adoption of the World Wide Web and the Interne ...
. By April 2002, Ebbers had lost substantial support on the board due to these loans. Additionally, a number of directors believed Ebbers had not charted a way forward after the Sprint merger collapsed. On April 26, Worldcom's board voted unanimously to demand that Ebbers resign, which he formally did on April 30, 2002. As part of his departure, his loans were consolidated into a single $408.2 million
promissory note A promissory note, sometimes referred to as a note payable, is a legal instrument (more particularly, a financing instrument and a debt instrument), in which one party (the ''maker'' or ''issuer'') promises in writing to pay a determinate sum of ...
. In 2003, Ebbers defaulted on the note and Worldcom foreclosed on many of his assets.


Awards and accolades

* Mississippi Business Hall of Fame (May 1995) * Member of ''Wired'' 25 (November 1998) * 25 most powerful people in networking by ''
Network World International Data Group (IDG, Inc.) is an American market intelligence and demand generation company focused on the technology industry. IDG, Inc.'s mission is centered around supporting the technology industry through research, data, market ...
'' (January 4, 1999) * ''Time'' Digital 50 (1999) * Honorary Doctor of Laws, Mississippi College (1992) * Honorary
doctorate A doctorate (from Latin ''doctor'', meaning "teacher") or doctoral degree is a postgraduate academic degree awarded by universities and some other educational institutions, derived from the ancient formalism '' licentia docendi'' ("licence to teach ...
, Tougaloo College (1998)


Fraud

On June 25, 2002, WorldCom admitted to nearly $3.9 billion in accounting misstatements and on July 22, 2002, it filed for
bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the deb ...
. The figure eventually grew to $11 billion. This initiated a series of investigations and legal proceedings, which focused on Ebbers, WorldCom's former CEO. Ebbers blamed the accounting scandal on his subordinates, including WorldCom CFO Scott Sullivan.


Congressional hearing

In response to a
subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
, Ebbers appeared before the U.S. House Committee on Financial Services on July 8, 2002. At these hearings, Ebbers stated "I do not believe I have anything to hide, I believe that no one will conclude that I engaged in any criminal or fraudulent conduct." After making this statement, Ebbers asserted his right against self-incrimination per the
Fifth Amendment to the United States Constitution The Fifth Amendment (Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on United States constitutional criminal procedure, criminal procedures. It was ratified, along with ...
. Ebbers's statement constituted testimony that could not undergo
cross-examination In law, cross-examination is the interrogation of a witness by one's opponent. It is preceded by direct examination (known as examination-in-chief in Law of the Republic of Ireland, Ireland, the Law of the United Kingdom, United Kingdom, Austra ...
and Ebbers was threatened with Contempt of Congress charges, although no charges were filed.


Criminal charges and verdict

On August 27, 2003, Oklahoma Attorney General Drew Edmondson filed a 15-count
indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an ind ...
against Ebbers. The indictment charged that he violated securities laws by defrauding investors on multiple occasions between January 2001 and March 2002. On November 20, 2003, the charges by Oklahoma were dropped, with the right to refile retained, to defer to federal charges. On March 2, 2004, federal authorities indicted Ebbers on securities fraud and conspiracy charges. On May 25, 2004, federal prosecutors increased the list of charges to 9
felonies A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that ...
: 1 count each of conspiracy and securities fraud, and 7 counts of filing false statements with securities regulators. On March 15, 2005, Ebbers was found guilty of all charges. On March 30, 2005, an agreement to extend the
statute of limitations A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In ...
on the charges from Oklahoma was signed, allowing Oklahoma prosecutors time to see the results of federal sentencing.


Sentencing and jail time

On July 13, 2005, federal judge Barbara S. Jones, of the
United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York. Two of these are in New York Ci ...
, sentenced Ebbers to 25 years in a federal prison in
Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...
. Ebbers was allowed to remain free for another year while his appeal was being considered. His conviction was upheld in the U.S. Court of Appeals for the Second Circuit in July 2006. On September 6, 2006, the presiding judge ordered him to report to jail on September 26 to start serving his 25-year sentence. Ebbers reported to Oakdale Federal Correctional Institution in Oakdale, Louisiana, on September 26, 2006, driving himself to the prison in his
Mercedes-Benz Mercedes-Benz (), commonly referred to simply as Mercedes and occasionally as Benz, is a German automotive brand that was founded in 1926. Mercedes-Benz AG (a subsidiary of the Mercedes-Benz Group, established in 2019) is based in Stuttgart, ...
vehicle. Ebbers served in the low-security portion of the complex, which typically houses non-violent offenders and is built like a school dormitory. He was granted early release after serving 12 years in December 2019, due to health problems.


Civil suits

On October 11, 2002, WorldCom investors brought a
class action A class action is a form of lawsuit. Class Action may also refer to: * ''Class Action'' (film), 1991, starring Gene Hackman and Mary Elizabeth Mastrantonio * Class Action (band), a garage house band * "Class Action" (''Teenage Robot''), a 2002 e ...
civil lawsuit against Ebbers and other defendants, alleging injuries as a result of Ebbers's securities fraud violations. Judge Denise Cote of the
United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York. Two of these are in New York Ci ...
ordered the parties in the lawsuit to negotiate. The parties agreed that Ebbers and his codefendants would distribute over $6.13 billion, plus interest, to over 830,000 individuals and institutions that had held stocks and bonds in WorldCom at the time of its collapse. Ebbers agreed to relinquish almost all of his assets, including a home in Mississippi, and his interests in a lumber company, a marina, a golf course, a hotel, and thousands of acres of forested real estate. After the settlement, Ebbers's wife was left with an estimated $50,000 in known assets. On September 21, 2005, Judge Cote approved the settlement and dismissed the lawsuit against Ebbers.


Personal life


Marriages

In 1968, Ebbers married Linda Pigott and the couple raised three daughters. Ebbers filed for divorce in July 1997 and married his second wife, Kristie Webb, in the spring of 1999. She filed for divorce on April 16, 2008, less than two years after he entered prison.


Personal holdings

At his peak in early 1999, Ebbers was worth an estimated $1.4 billion and listed as 174th on the Forbes 400. His personal holdings included: * Douglas Lake Canada's biggest ranch – 500,000 acres (2,000 km2) in
British Columbia British Columbia is the westernmost Provinces and territories of Canada, province of Canada. Situated in the Pacific Northwest between the Pacific Ocean and the Rocky Mountains, the province has a diverse geography, with rugged landscapes that ...
. General partner/president. Acquired in 1998 for about $65 million. Sold on May 30, 2003, by MCI to E. Stanley Kroenke. * Angelina Plantation – 21,000 acres (85 km2) farm in Monterey, Louisiana. Co-owner with brother, John Ebbers. Acquired in 1998. * Joshua Holdings – which combined with Joshua Timberlands and Joshua Timber totals 540,000 acres (2,200 km2) of timberlands in Mississippi, Tennessee, Louisiana, and Alabama. Majority owner. Acquired properties in 1999 for about $600 million. * Pine Ridge Farm – Livestock and crop farm in Mississippi. Owner. LLC formed in 1997. * Columbus Lumber – High-tech lumber mill in Brookhaven, Mississippi. Majority owner since at least 1996. * Yachts – BCT Holdings, owner of Intermarine, a yacht building and repair company in
Georgia Georgia most commonly refers to: * Georgia (country), a country in the South Caucasus * Georgia (U.S. state), a state in the southeastern United States Georgia may also refer to: People and fictional characters * Georgia (name), a list of pe ...
. Primary owner. Intermarine acquired in 1998 for about $14 million. * Hotels – Nine hotels in
Mississippi Mississippi ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South regions of the United States. It borders Tennessee to the north, Alabama to the east, the Gulf of Mexico to the south, Louisiana to the s ...
and
Tennessee Tennessee (, ), officially the State of Tennessee, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Kentucky to the north, Virginia to the northeast, North Carolina t ...
: Co-owner or owner. Acquired over many years. * Trucking – KLLM, a trucking firm in Mississippi. Director. Acquired with partner in 2000 for about $30 million. Was at one point led by K. William Grothe, who was an executive at
WorldCom MCI, Inc. (formerly WorldCom and MCI WorldCom) was a telecommunications company. For a time, it was the second-largest long-distance telephone company in the United States, after AT&T. WorldCom grew largely by acquiring other telecommunicatio ...
. * Sports – Mississippi Indoor Sports/ Jackson Bandits, a minor league hockey team. 50% owner. Acquired in 1999. Sold stake in September 2003.


Other activities

From 1993 through 1995, Ebbers served as chairman of the
board of directors A board of directors is a governing body that supervises the activities of a business, a nonprofit organization, or a government agency. The powers, duties, and responsibilities of a board of directors are determined by government regulatio ...
of the Competitive Telecommunications Association, where he pleaded with the
United States Congress The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
to improve competition with the incumbent telecommunications companies. In 1997, he became the chair for Mississippi College's New Dawn Campaign, a $100 million fundraising campaign to improve campus facilities. In July 2001, Ebbers was proposed by
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
as the chair for the President's National Security Telecommunications Advisory Committee.


Religious faith

While CEO of WorldCom, Ebbers was a member of the Easthaven Baptist Church in Brookhaven, Mississippi. As a high-profile member of the congregation, Ebbers regularly taught
Sunday school ] A Sunday school, sometimes known as a Sabbath school, is an educational institution, usually Christianity, Christian in character and intended for children or neophytes. Sunday school classes usually precede a Sunday church service and are u ...
and attended the morning
church service A church service (or a worship service) is a formalized period of Christian communal Christian worship, worship, often held in a Church (building), church building. Most Christian denominations hold church services on the Lord's Day (offering Su ...
with his family. His faith was overt, and he often started corporate meetings with prayer. When the allegations of conspiracy and fraud were first brought to light in 2002, Ebbers addressed the congregation and insisted on his innocence. "I just want you to know you aren't going to church with a crook," he said. "No one will find me to have knowingly committed fraud."


Death

Ebbers died at his home in Brookhaven, Mississippi, on February 2, 2020, at the age of 78, just over a month after being granted compassionate release from prison due to his ill health. His lawyers said that he was, by the time of his death, legally blind and suffering from
dementia Dementia is a syndrome associated with many neurodegenerative diseases, characterized by a general decline in cognitive abilities that affects a person's ability to perform activities of daily living, everyday activities. This typically invo ...
,
anemia Anemia (also spelt anaemia in British English) is a blood disorder in which the blood has a reduced ability to carry oxygen. This can be due to a lower than normal number of red blood cells, a reduction in the amount of hemoglobin availabl ...
and significant weight loss.
United States v. Ebbers
', 432 F. Supp. 3d 421 (S.D.N.Y. 2020).


References


Further reading

* - A book by the former chief audit executive of Worldcom on the demise of the company. {{DEFAULTSORT:Ebbers, Bernard 1941 births 2020 deaths American chief executives American people convicted of fraud American prisoners and detainees American white-collar criminals Businesspeople from Edmonton Canadian Baptists Calvin University alumni Canadian chief executives Canadian fraudsters Canadian white-collar criminals Canadian expatriates in the United States Canadian people imprisoned in the United States Mississippi College alumni People from Brookhaven, Mississippi Prisoners and detainees of the United States federal government