May 5, 2024

Halliburton Pleads Guilty to Destroying Evidence After Gulf Spill

The oil services company said it would pay the maximum allowable fine of $200,000 and will be subject to three years of probation. It will also continue its cooperation in the government’s criminal investigation. Separately, Halliburton made a voluntary contribution of $55 million to the National Fish and Wildlife Foundation.

The Justice Department filed one criminal charge against the company. In a statement, Halliburton said that the violation was a misdemeanor associated with the deletion of records created after the accident. Additionally, the company said, “The Department of Justice has agreed that it will not pursue further criminal prosecution of the company.”

Halliburton has suffered enormous damage to its reputation — as have BP and Transocean, the operator of the Deepwater Horizon rig — in the explosion that killed 11 workers and soiled hundreds of miles of beaches. All three companies have pleaded guilty to a criminal charge related to the spill.

The development was not entirely unexpected after the first phase of the civil trial in New Orleans. Lawyers representing businesses and others that suffered from the spill had long accused the company of conducting undocumented cement tests and hiding the results. BP had accused Halliburton of destroying evidence of its cement testing.

But during the trial this year Thomas Roth, a senior company executive who was in charge of cementing operations when the spill occurred, acknowledged that because of the well design and other factors, “the cement placement was going to be a job that would have a low probability of success.”

Timothy Quirk, a Halliburton laboratory manager, testified that he conducted stability tests on cement samples from a similar blend that had been used in the well after the accident. Following instructions from a colleague, he said he did not prepare a laboratory work sheet. “It was unusual,” he said. He also acknowledged that he had thrown out his notes.

Later tests showed that the cement was not stable.

The failure of the cement foam seal set off a complex and ultimately deadly cascade of oil and gas up the well casing that exploded into flames to engulf the Deepwater Horizon rig. The blowout preventer, which is supposed to contain a well bore breach, also failed.

The presidential commission that investigated the accident reported that Halliburton officials knew before the explosion that the cement mixture they planned to use to seal the bottom of the well was unstable but still went ahead with the cementing.

The commission also found that at least one of three laboratory tests was given to BP, the operator of the drilling site, but it neglected to respond.

“There is no indication that Halliburton highlighted to BP the significance of the foam stability data or that BP personnel raised any questions about it,” the report said.

Legal scholars said the guilty plea would probably work against Halliburton in the civil trial in New Orleans to determine the share of damages owed to the Gulf states and businesses affected by the spill.

“This could impact how the civil litigation is resolved, potentially imposing more liability on Halliburton than we originally thought,” said Carl Tobias, a law professor at the University of Richmond.

It may also work in favor of BP, which has argued that while it made serious mistakes it shares responsibility for the accident with Halliburton and Transocean.

Last November, BP agreed to pay $4.5 billion in penalties and pleaded guilty to 14 criminal charges related to the explosion.

The Justice Department also has filed criminal charges against four BP employees in connection with the accident. Transocean agreed to plead guilty this year. The company was sentenced to pay $400 million and other penalties.

In recent years, the giant energy services company has had remarkable success as a leader in the oil and gas shale drilling revolution that is making the United States less dependent on foreign energy supplies.

But in the not-to-distant past, Halliburton found itself under scrutiny over accusations that it performed shoddy, overpriced work for the United States military in Iraq, bribed Nigerian officials to win energy contracts and did business with Iran at time when it faced sanctions.

“It’s another bad day for Halliburton and a very good day for BP,” said Fadel Gheit, a senior oil analyst at Oppenheimer.

Article source: http://www.nytimes.com/2013/07/26/business/halliburton-pleads-guilty-to-destroying-evidence-after-gulf-spill.html?partner=rss&emc=rss

At Melissa & Doug Toy Company, Thriving on the Basics

ESTHER BERNSTEIN, 6 years old with long blond hair, pulled on a pair of blue slippers with a gray tassel over the toe. She grinned.

“Look, Mom! I like these princess slippers!”

“Would you wear them to play dress-up?” her mother asked.

“Yes.”

Esther’s 9-year-old sister, Sydelle, grimaced and freely offered that she would not.

“Well, Sydelle, you’re too old for this toy,” her mother said. “You’re not the target market.”

It was a Sunday night, after dinner, at the informal in-home testing lab of Melissa and Doug Bernstein, better known as Melissa Doug, the toy company and the signature that adorns all their products. This August, their company will turn 25, celebrating a quarter-century of anachronism. In a time when major corporations dominate the industry, making toys with all manner of batteries, digital gimmicks or movie tie-ins, the Bernsteins keep making money in wooden puzzles, coloring pads, blocks, trains and simple costumes (the police officer, the princess, the pirate). They hatch many of their ideas by watching children at play — often among their own brood of six.

From left are Sydelle, 9, Nate, 5, and Esther, 6.

Christopher Capozziello for The New York Times

From left are Sydelle, 9, Nate, 5, and Esther, 6.

They do little public relations and don’t advertise in magazines, or on radio and television. They don’t put coupons in Sunday newspaper inserts. They don’t rely on big hits, industry analysts say, just a steady stream of variations on classic toys mostly for children up to the age of 5. Nonetheless, their business has grown by double digits every year, to an estimated $325 million in revenue this year from $100 million in 2008 (and to 650 employees from 200), according to a toy company executive familiar with the company’s operations. Such figures make theirs a midsize toy business, of which analysts say there are fewer and fewer these days. In this industry, three huge players — Mattel, Hasbro and Lego — account for around $14 billion in sales, or about a third of global toy company revenue.

The Bernsteins have come a long way from the days when they drove a Chevrolet Malibu, owned by Mr. Bernstein’s father, to deliver products. Growing up in Westport, Conn., an affluent community, Mr. Bernstein, now 50, thought himself the poorest kid, living in a 900-square-foot house. Now their home is 36,000 square feet, one of the biggest in the same township, with hand-chiseled stone and antique ceiling beams — not to mention a bowling alley, an indoor full-court gym and a video arcade.

But they are, as Mrs. Bernstein, 47, puts it, restless, very restless — and challenges are upon them in an industry that, like so many others, is being rewritten in the technology age. Overall toy sales have slumped. Some specialty retailers have closed. Low-cost manufacturing has commoditized many items. But Internet sales have soared, meaning that the Bernsteins are having to adapt to online sales and marketing after years of building relationships with specialty stores.

Crucially, the rise of high-tech entertainment has changed how children play. Apps and video games have soared in popularity; on Amazon, you can even buy an iPod stand to accompany a potty trainer. The phenomenon can provoke conflicting feelings in parents. Should they give in to children’s yearnings for a phone app or video game? Or limit the screen time and offer up something simpler and more nostalgic, reminiscent of a childhood real or imagined?

The topic of traditional versus high-technology toys is one that particularly piques Mrs. Bernstein. “When you’re using a computer or an app, it’s giving you all the information you need,” she said. “It’s a completely reactive experience.” But she thinks she knows why that is so appealing. “Parents are so scared of having their kids say, ‘I’m bored.’ It’s synonymous with, ‘I’m a bad parent,’ and so they never allow kids to feel boredom, which equals frustration, and so kids don’t get to the point where they have to dig deeper and figure out what to do.”

Plenty of toy companies have joined Melissa Doug in this niche, competitors whose simple offerings aim to entertain — but not too much. Companies like Haba, which makes blocks and wooden toys from sustainable woods, or Alex, which makes arts and crafts for “active fun.” But few companies can reach the size of the Melissa Doug operation without facing a tough decision: Do you keep trying to expand on your own, pushing into larger retailers, or do you sell to a major toy maker?

Article source: http://www.nytimes.com/2013/06/09/business/at-melissa-doug-toy-company-thriving-on-the-basics.html?partner=rss&emc=rss