Plaintiffs charge that Verizon’s spinoff deals earned millions for top executives and investment bankers, but left nothing but wreckage for employees, retirees, customers, and smaller banks duped into covering the tax-free debts that were left behind.

Verizon Communications is defending itself in a Dallas courtroom against a $9.5 billion lawsuit brought by creditors who allege the phone company fraudulently structured the spinoff of its phone directory business to Idearc in a deal that enriched Verizon while leaving the new publisher crippled with $9 billion in debt and eventual bankruptcy.

Verizon structured the spinoff of its phone book unit much the same way it has sold-off its local phone business operations in several states to Hawaiian Telcom, Frontier Communications, and FairPoint Communications — through controversial, tax free Reverse Morris Trusts. At the end of the deal, the buyers are saddled with enormous debts, eventually forcing HawTel, Idearc, and FairPoint to declare bankruptcy.

Now the creditors that took the hit over Idearc are in court alleging Verizon engineered the deal to unjustly enrich itself while sending the dying phone directory business straight into insolvency.

Werner Powers, an attorney for the creditors, said in opening statements Idearc was purposely loaded down in Verizon debt and “sent into the market to die.”

“They knew in major markets they had been suffering a double-digit decline,” Powers said to the judge in a Dallas courtroom. “They knew that was the canary in the mine shaft.”

The Association of BellTel Retirees is fighting for former Verizon employees who woke up one morning discovering their safe Verizon pension benefits had been transferred to a shaky startup that quickly went bankrupt.

But creditors are not alone suffering from a bankrupt Idearc. During the 11th hour of negotiations, Verizon quietly engineered a transfer of Verizon retirees that formerly worked for the directory unit to Idearc’s startup pension plan — a very risky proposition for the nearly 3,000 retirees who were secure with a fully funded, low risk Verizon pension plan.

Curtis Kennedy, the attorney representing the interests of the retirees, explains how it all happened:

On October 18, 2006, after conducting a very cryptic half hour meeting via telephone and reviewing a packet of Power Point presentations, the Verizon Board of Directors gave full approval for the Spin-Off transaction. A month later, on the last day to do the transaction, the retirees were thrown into the mix. Of course, no retiree had any prior knowledge, no fiduciary advocate, no legal representation, no union representation, and no say in the matter. The designated group of retirees were simply treated like obsolete telephone equipment being disposed of by Verizon.

At the proverbial “11th Hour” before the closing, Verizon EVP John Diercksen, acting as the sole director of Idearc, resigned his director position and he appointed a new set of corporate directors. The new directors hurriedly executed a resolution to ratify and approve the Spin-Off transaction. In reality, the new Idearc board had no choice but to sign off on the Spin-Off.

Wall Street investment banks JPMorgan and now defunct Bears Stearns swooped in to finance the multi-billion dollar transaction that engineered the transfer of $9.5 billion in debt to Idearc while allowing Verizon to keep more than $2 billion in valuable assets for itself, crippling Idearc from day one, as plaintiffs contend. Both investment banks quickly packaged and sold off the now-worthless loans to hundreds of other unsuspecting financial institutions, while keeping deal fees for themselves.

Investors also got blindsided. One Wall Street analyst gave this recommendation on Idearc shares to unwitting investors:

“When a corporate parent casts off a vexing unit with unpromising growth, the natural inclination is to steer clear of this forsaken offspring. But the yellow pages business Verizon Communications is spinning off may merit a second glance.”

Judge Joe Fish

It got one in bankruptcy court, eventually emerging with a new name: Supermedia.

Much of the documentation that surrounds the deal and those responsible for it have been sealed by the court. U.S. District Judge A. Joe Fish has announced he will decide the case himself and turned back efforts for a jury trial.  Judge Fish has also denied repeated attempts by Verizon to have the case dismissed, although he has also ruled against creditors dismissing some of their claims.

Bloomberg News this month filed motions to unseal the record in the public interest, but the judge has yet to rule on the motion.

Verizon retirees are watching the current lawsuit between Verizon and creditors carefully. The group of former employees have brought their own lawsuit against Verizon, with some of their worst fears realized when Supermedia sent word in June they were canceling the retirees’ pension benefits.

Verizon has reportedly hired eight expert witnesses to testify on its behalf, one who will receive more than$4 million in appearance fees. Verizon has leased office space specifically for the trial near the downtown Dallas federal court building.

Many current Supermedia employees report a siege mentality at what is left of the directory publisher, with regular threats of further job cuts.

Verizon Wireless is dealing with the appearance of fraudulent “look-a-like” websites purporting to offer special discounts and features for customers willing to give up account information that could expose them to future fraud.

In the most recent examples, “VZ for Me” and “It’s Fall at Verizon,” customers are asked to give up their Verizon login and phone information that could result in phone cloning and service theft.

The latest generation of phony websites are virtually indistinguishable from legitimate ones, with fully functioning web pages and depth of content. The only two giveaways:

1. The website does not use the appropriate URL (vzforme.com and itsfallatverizon.com vs. verizonwireless.com);
2. Once logged in, the website cannot actually divulge any account information it never had access to, unless the customer supplies it themselves.

News reports about the sites have triggered actions ranging from browser blocks, which warn about potentially fraudulent sites and Verizon Wireless’ own successful takedown campaign.

Consumers are advised to avoid any links found in e-mail messages or web pages that offer to take you to a company’s website. The safest way is always to type the web address yourself.

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/KIFI Idaho Falls Investigation Fake Verizon Wireless site targets S-E-I-D 9-23-12.mp4[/flv]

KIFI in Idaho Falls reports on its special investigation of phony Verizon Wireless websites phishing for customer data.  (3 minutes)

ToddTool could have been forced into bankruptcy, taking its 14 employees straight to the unemployment line, had AT&T followed through on its threat to collect a million dollar fraudulent phone bill.

Michael Smith and his 14 employees can now sleep again after AT&T dropped a $1.15 million lawsuit against Smith’s small manufacturing company after the story went viral.

The lawsuit was filed over fraudulent long distance calls placed through Smith’s PBX phone system to the war-torn nation of Somalia over a four day period in 2009.

Smith discovered the fraud after getting long distance bills totaling $891,470 the following month.

More than $260,000 of additional charges were billed by Verizon, Smith’s landline phone company, and Verizon forgave those charges a few months after Smith filed a billing dispute. Verizon noticed the unusual calling activity and temporarily suspended Smith’s international long distance service. The phone hackers then simply used a “dial-around” long distance access code for AT&T to keep the calls going through, resulting in a huge bill from AT&T, which charged $22 a minute for the calls.

Unlike Verizon, AT&T wanted its money and despite multiple attempts to get credit for the fraudulent long distance calls, AT&T refused to relent, filing suit against Smith for the full cost of the fraudulent calls, plus interest.

Smith told a Salem, Mass. newspaper if he paid the bill, it would force his company into bankruptcy and put his 14 employees on the unemployment line.

The company claims in its lawsuit Smith should have known better — securing his PBX system more effectively against international long distance fraud and that under Federal Communications Commission regulations, AT&T is entitled to collect from the owner of the phone line, regardless of who actually made the call.

Smith told The Salem News he’s tried to resolve the matter, even reaching out to the CEO of AT&T, but a secretary at the company called and said that once AT&T refers a case to outside counsel, they are done talking.

AT&T later offered to waive the accumulating interest charges on the unpaid balance (now $197,000 and growing) if Smith paid the company $891,470 for the phone calls to Somalia.

Smith filed a countersuit instead, claiming AT&T is abusing the legal process and violating Massachusetts consumer protection laws. A judge was pushing the case to mediation.

Smith’s interview with the Salem newspaper came at additional risk: AT&T’s lawyers threatened they would take action if he “disparaged” the company’s name in the media.

After the story ran nationwide this morning on the Associated Press wire service, the company suddenly dropped the case.

In a statement sent to the media, AT&T writes it is no longer pursuing its claims against Michael Smith, of Ipswich, “though we are entitled by law to collect the amounts owed.”

When the Oasis Therapeutic Foster Care Network in Albany, Ohio opened their April bill from Frontier Communications, they had the shock of their lives.

It totaled $177, 423.

The multi-page phone bill had pages of international calls, all to the same number in Taiwan, most lasting 120 minutes.  A two hour phone call to Taiwan runs Frontier customers $607.20 each, and with more than 450 calls listed on April 22, the agency’s bill ran up fast.

A subsequent bill added another $16,000 in calls to Taiwan the first day of the next billing cycle.

Kay Wheeler, the administrator of the non-profit care network, said that phone bill could have put the agency in financial peril. Oasis almost never makes international calls, and their usual bill runs an average of $250 a month.

Frontier, to its credit noticed the unusual calls, many of which ran simultaneously on that single evening in April, and was able to eventually block them. Frontier also called the agency alerting them to the unusual calls, but that did not stop the company from initially billing Oasis nearly $194,000.

Frontier initially told Wheeler they were willing to negotiate the long distance charges down to $3,000, but the company later credited the non-profit the entire amount.

The company suspects the PBX business phone system Oasis uses was hacked. The system, installed by a third party provider, still had its default password in place. With that password, a hacker could reprogram the phone system in a myriad of ways, including diverting calls abroad.

Unfortunately for Wheeler, and other business customers that wish to avoid international long distance fraud, blocking calls to international numbers does not come free. The price of peace of mind with an international call block: $195.

Wheeler considers it a small price to pay to prevent fraud like this from happening again, but Jim Barnet, a Stop the Cap! reader in Ohio who shared the story, wonders why anyone needs to charge such a high amount to block potentially fraudulent calls.

“It’s a software block, enabled with a few commands on their computer, and it stops fraudulent long distance calls Frontier often has to eat,” Barnet writes. “So why in the world discourage business customers from signing up with a ridiculous $200 fee?”

Frontier has released a comprehensive guide to help companies avoid this kind of fraud.

[flv width=”640″ height=”358″]http://www.phillipdampier.com/video/ONN Fraudulent Bill 6-19-12.f4v[/flv]

The Ohio News Network covered the enormous phone bill and talked with Frontier Communications about how this kind of calling fraud happens.  (2 minutes)