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New York Times. The company was also known for paying its actors high salaries, a practice which
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made it unpopular with other theatre producers (who, unlike Livent, typically negotiated actors'
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compensation through the League of American Theaters and Producers).
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37_52
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As early as 1994, commentators noted Livent's unusual accounting practices. Livent amortized the
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pre-production costs of its musicals over a five-year period (as long as the production continued
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to run), rather than reporting them immediately. This was a legal accounting practice, but aroused
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suspicion from insiders because it was "unheard of" in the theatre industry. In 1994, Livent kept
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37_56
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its Broadway production of Kiss of the Spider Woman open for several months after it had ceased to
|
37_57
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cover its weekly operating costs. It was widely believed that this was done in order to delay
|
37_58
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reporting the production's loss on the company's balance sheet, though Drabinsky disputed this.
|
37_59
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Industry insiders also noted that Livent did not include advertising costs when reporting the cost
|
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of a show, and that they included group sales when reporting ticket sales figures. Both practices
|
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were out of step with the norm among Broadway producers.
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Decline and fall
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On April 13, 1998, Garth Drabinsky stepped down as CEO, and was replaced by Michael Ovitz, former
|
37_64
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president of the Walt Disney Company, who had spent US$20 million for a controlling stake of
|
37_65
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Livent. On August 10, Livent announced they had discovered serious 'accounting irregularities', and
|
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would need to release revised earnings statements going back to 1996. While the irregularities were
|
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being investigated, Drabinsky and Gottlieb were suspended as employees, and trading of Livent's
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stock temporarily ceased. On November 18, 1998, Livent released corrected financial statements for
|
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1996 through the second quarter of 1998, showing that their debts were greater than their assets.
|
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The same day, they filed for US bankruptcy protection in a Manhattan court. The company's stock
|
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resumed trading November 20, plummeting to a share price of 50 cents from its previous price of
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Can$10.15 when trading was halted. In August 1999, Livent's assets were sold off to American
|
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company SFX Entertainment for an estimated US$97 million.
|
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Subsequent events
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Insolvency proceedings
|
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In November 1998, Livent sought bankruptcy protection in the US and Canada, claiming a debt of $334
|
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million.
|
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In April 2014, Livent's special receiver obtained judgment against Deloitte & Touche LLP for
|
37_79
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$84,750,000 in the Ontario Superior Court of Justice, in relation to Deloitte's failure to exercise
|
37_80
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its duty of care with respect to the audit of Livent's financial statements during 19931998. The
|
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ruling was upheld by the Ontario Court of Appeal in January 2016, but in December 2017, the Supreme
|
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Court of Canada in Deloitte & Touche v Livent Inc (Receiver of) allowed an appeal in part,
|
37_83
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declaring that liability existed only in respect of Deloitte's negligence in conducting the audit
|
37_84
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for Livent's 1997 fiscal year, and accordingly reduced the amount of damages awarded to
|
37_85
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$40,425,000.
|
37_86
|
Criminal proceedings
|
37_87
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In January, 1999, Livent's former chairman Garth Drabinsky and president Myron Gottlieb were
|
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indicted in the United States District Court for the Southern District of New York on charges they
|
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personally misappropriated $4.6 million in company funds and "cooked the books" to hide enormous
|
37_90
|
losses from investors. Arrest warrants are outstanding with respect to the US criminal proceedings,
|
37_91
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but double jeopardy rules prevent US extradition proceedings from taking place, because of the
|
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conviction in Canadian courts.
|
37_93
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On March 25, 2009, Drabinsky and Gottlieb were found guilty of fraud and forgery in Ontario
|
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|
Superior Court for misstating the company's financial statements between 1993 and 1998. On August
|
37_95
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5, 2009, Drabinsky and Gottlieb were sentenced to jail terms of seven and six years, respectively.
|
37_96
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Drabinsky filed an appeal in the Ontario Court of Appeal with respect to his sentence on September
|
37_97
|
3, 2009. During that appeal, he remained free on bail. On September 13, 2011, the Court of Appeal,
|
37_98
|
while upholding the convictions, reduced Drabinsky's sentence to 5 years. Drabinsky appealed to the
|
37_99
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Supreme Court of Canada, and the application was dismissed without costs on March 29, 2012.
|
37_100
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Drabinsky was originally held at Millhaven Institution for assessment. In December 2011, he was
|
37_101
|
transferred to serve out his sentence at Beaver Creek Institution, a minimum security prison,
|
37_102
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located in Gravenhurst, Ontario, and was released on day parole in February 2013. Drabinsky was
|
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granted full parole on January 20, 2014, and completed his sentence in September 2016.
|
37_104
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Civil proceedings
|
37_105
|
In 2005, former investors in Livent corporate bonds won a $23.3 million settlement against
|
37_106
|
Drabinsky and Gottlieb in the United States District Court for the Southern District of New York,
|
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for which enforcement of the judgment was upheld by the Ontario Court of Appeal in 2008, but the
|
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judgment was still unpaid in 2012.
|
37_109
|
Regulatory proceedings
|
37_110
|
In January 1999, Livent reached an administrative settlement with the U.S. Securities and Exchange
|
37_111
|
Commission, while civil and criminal proceedings were simultaneously pursued against Drabinsky,
|
37_112
|
Gottlieb and certain other former Livent employees.
|
37_113
|
Administrative proceedings were initiated against Livent, Drabinsky and others by the Ontario
|
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Securities Commission in 2001, and they were suspended in 2002 until all outstanding criminal
|
37_115
|
proceedings had been completed. In February 2013, the OSC announced that proceedings were to be
|
37_116
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withdrawn against Livent and another party, and that hearings would take place on March 19, 2013,
|
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in the remainder of the matter. Myron Gottlieb and Gordon Eckstein, who were other parties in the
|
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proceedings, subsequently entered into settlement agreements with the OSC in September 2014 and May
|
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2015 respectively.
|
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in 2017, the Ontario Securities Commission permanently banned Drabinsky from becoming a director or
|
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officer of any public company in Ontario. The OSC also prohibited him from acting as an investment
|
37_122
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promoter, and banned him from trading securities (other than as a retail investor, for trades
|
37_123
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within his RRSP or through a registered dealer for accounts in his name only).
|
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Notes
References
External links
Canadian Theatre Encyclopedia - Livent
|
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|
Accounting scandals
Entertainment companies established in 1989
1989 establishments in Ontario
|
37_126
|
Entertainment companies disestablished in 1999
1999 disestablishments in Ontario
|
37_127
|
Companies that have filed for bankruptcy in Canada
|
37_128
|
Companies that filed for Chapter 11 bankruptcy in 1998
Theatre companies in Toronto
|
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|
Theatre production companies
Fraud in Canada
|
38_0
|
Shinji Kagawa ( Kagawa Shinji ; born 17 March 1989) is a Japanese professional footballer who plays
|
38_1
|
as a midfielder for Belgian First Division A club Sint-Truiden and the Japan national team. He is
|
38_2
|
widely regarded as one of the best Japanese players of all time. Kagawa began his professional
|
38_3
|
career in his homeland with Cerezo Osaka before joining Borussia Dortmund in 2010. After two years
|
38_4
|
with Dortmund, Kagawa signed for Manchester United on a four-year contract. Two years later, he
|
38_5
|
returned to Dortmund. Kagawa holds the records for most appearances and goals by a Japanese player
|
38_6
|
in UEFA club competitions.
|
38_7
|
Since making his senior international debut in May 2008, he has won over 90 caps and scored over 30
|
38_8
|
goals. On 29 November 2012, Kagawa was named Asian Football Confederation International Player of
|
38_9
|
the Year.
|
38_10
|
Club career
|
38_11
|
Kagawa was born in Kobe, Hyōgo Prefecture. He started playing football at the age of five. He
|
38_12
|
joined Marino Football Club from 1994 to 1999, Kobe NK Football Club from 1999 to 2001, and FC
|
38_13
|
Miyagi Barcelona in Sendai from 2001 to 2005.
|
38_14
|
Cerezo Osaka
|
38_15
|
Cerezo Osaka noticed his talent and signed him at the age of 17. He was the first player in Japan
|
38_16
|
to sign a professional contract before graduating from high school, except players promoted from
|
38_17
|
youth teams of the J.League clubs. In 2007, he gained a regular position but the club missed
|
38_18
|
promotion to the J.League Division 1. It was in 2009 that he became the top scorer of J.League
|
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