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Beazer execs to forfeit $1 million in bonuses

By Kirsten Valle
kvalle@charlotteobserver.com
  • http://media.charlotteobserver.com/smedia/2009/07/01/23/938-beazer0702.ART_G3HJV32H.1+beazer.JPG.embedded.prod_affiliate.138.jpg|209

    ANGRY HOMEBUYERS: The Tingley family – parents Mark and Lea and Mason, 6, (left) and Courtney, 8 – have a Beazer-built home in the Southern Chase subdivision in Concord. “I'm glad they actually admitted to their mistakes,” said Lea Tingley. At a Beazer employee's suggestion, Lea Tingley omitted from her application a monthly car payment of $350.

  • http://media.charlotteobserver.com/smedia/2009/07/01/23/85-beazer0702.ART0_G3HJVARR.1+mccarthy.JPG.embedded.prod_affiliate.138.jpg|221

    McCarthy

More Information

  • Beazer agrees to pay victims $50 million
  • Read Beazer's agreement with prosecutors
  • Read the charges against Beazer
  • Archive of Beazer stories
  • According to documents filed in federal court, Beazer used several tactics in a mortgage and accounting fraud scheme that stretched from 2000 to 2007. Among them:

    Beazer charged homebuyers for “discount points,” which they were to pay to the lender in exchange for a lower interest rate. But Beazer kept part or all of the money. In some cases, Beazer paid the discount points but then raised the homes' purchase prices to offset the amount paid.

    Beazer provided low-income homebuyers with money for a down payment as a “gift,” but then illegally increased the prices of homes sold to offset the cost of the “gift.”

    Beazer adopted a strategy of “willful blindness” in originating mortgages, telling some staffers about “the danger of knowing too much about a buyer.” In one division, mortgage loan counselors were provided a script. Instead of asking how much a client made, a loan counselor would say that it would take a certain amount each month in household income to qualify, then ask: “Can you state that you have that much household income?”

    Beazer practiced “cookie-jar accounting.” When the company's financial performance was stronger than needed to achieve bonuses and meet market expectations, executives decreased the company's net income by manipulating “reserve” accounts. That left Beazer with excess reserves and balances, with the excess available to “smooth earnings” when times got tougher.


Two top Beazer Homes executives have agreed to pay their bonuses from last year into the $50 million restitution fund the homebuilder is establishing for victims of its predatory lending practices, according to company filings.

Ian McCarthy, president and chief executive officer, and Michael Furlow, executive vice president and chief operating officer, have contributed the after-tax proceeds of their 2008 bonuses “in recognition of the financial challenges currently facing the Company,” Beazer said. The money will be used to defray the company's payments into the fund.

Securities filings show McCarthy's bonus was $600,000 last year, before taxes, in addition to his $1.2 million salary and $223,000 in other compensation. Furlow's bonus was $400,000, pre-tax, in addition to his $800,000 salary and $112,000 in other compensation.

The homebuilder has lost money for the last 10 quarters, including a $952 million annual loss in 2008.

The compensation committee of Beazer's board of directors has said in securities filings that the executives' bonuses “were appropriate in light of the importance of having met the performance targets and the need to continue to motivate our executives by tying compensation to individual performance against criteria supporting specific Company objectives appropriate to the current downturn in housing.”

Federal investigators on Wednesday filed mortgage and accounting fraud charges against Beazer, but the company will escape prosecution because it accepted responsibility for its actions and agreed to pay $50 million to victims.

The settlement wrapped up a two-year federal investigation, sparked by an Observer series in 2007, which found that Beazer, once a major Charlotte-area homebuilder, used aggressive sales tactics that contributed to an unusually high foreclosure rate in many of its local starter-home communities.

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