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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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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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its Broadway production of Kiss of the Spider Woman open for several months after it had ceased to
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cover its weekly operating costs. It was widely believed that this was done in order to delay
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reporting the production's loss on the company's balance sheet, though Drabinsky disputed this.
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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
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president of the Walt Disney Company, who had spent US$20 million for a controlling stake of
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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
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$84,750,000 in the Ontario Superior Court of Justice, in relation to Deloitte's failure to exercise
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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,
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declaring that liability existed only in respect of Deloitte's negligence in conducting the audit
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for Livent's 1997 fiscal year, and accordingly reduced the amount of damages awarded to
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$40,425,000.
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Criminal proceedings
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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
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losses from investors. Arrest warrants are outstanding with respect to the US criminal proceedings,
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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.
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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
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5, 2009, Drabinsky and Gottlieb were sentenced to jail terms of seven and six years, respectively.
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Drabinsky filed an appeal in the Ontario Court of Appeal with respect to his sentence on September
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3, 2009. During that appeal, he remained free on bail. On September 13, 2011, the Court of Appeal,
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while upholding the convictions, reduced Drabinsky's sentence to 5 years. Drabinsky appealed to the
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Supreme Court of Canada, and the application was dismissed without costs on March 29, 2012.
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Drabinsky was originally held at Millhaven Institution for assessment. In December 2011, he was
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transferred to serve out his sentence at Beaver Creek Institution, a minimum security prison,
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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.
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Civil proceedings
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In 2005, former investors in Livent corporate bonds won a $23.3 million settlement against
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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.
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Regulatory proceedings
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In January 1999, Livent reached an administrative settlement with the U.S. Securities and Exchange
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Commission, while civil and criminal proceedings were simultaneously pursued against Drabinsky,
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Gottlieb and certain other former Livent employees.
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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
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proceedings had been completed. In February 2013, the OSC announced that proceedings were to be
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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
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promoter, and banned him from trading securities (other than as a retail investor, for trades
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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
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Entertainment companies disestablished in 1999 1999 disestablishments in Ontario
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Companies that have filed for bankruptcy in Canada
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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
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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
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Kagawa was born in Kobe, Hyōgo Prefecture. He started playing football at the age of five. He
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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
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Cerezo Osaka noticed his talent and signed him at the age of 17. He was the first player in Japan
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to sign a professional contract before graduating from high school, except players promoted from
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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