Former Federated CEO Charged with Perjury

New York, January 5--James Zimmerman, former chairman and chief executive of Federated Department Stores, was indicted for perjury on Tuesday by New York Attorney General Eliot Spitzer. The former head of Federated pleaded not guilty to the charges, Zimmerman's attorney Thomas Fitzpatrick said in a statement. The perjury charge was related to testimony given during an antitrust investigation, Spitzer's office said in a statement. Federated, the parent of Macy's and Bloomingdale's, was charged in the antitrust case -- along with May Department Stores Co. and two tableware manufacturers -- of conspiring to block Bed Bath & Beyond Inc. from selling Lenox and Waterford brand tableware. During the investigation, Zimmerman, who retired in January 2004, repeatedly told an assistant attorney general that he never talked about Bed Bath & Beyond with anyone from Waterford, Spitzer's office said. The indictment claims that these were false statements. Federated, May Department Stores, Lenox Inc. and Waterford Wedgwood U.S.A. paid $2.9 million in penalties to settle that case in August 2004. "Jim Zimmerman has been indicted for failing to recall a portion of a single, brief telephone conversation that occurred almost three years before his testimony," Thomas Fitzpatrick, Zimmerman's lawyer, said in a statement. The attorney general's office said Zimmerman was released on $50,000 bail. The defense has until Feb. 17 to file its motions, and the next court hearing is scheduled for March 3. Zimmerman spent nearly 40 years at Federated, and was named chairman and CEO in 1997. Zimmerman relinquished the position of chief executive officer to Terry Lundgren in February 2003, when he announced his intention to retire. "It's hard to believe that he would be foolish enough to do something like this, if it is true," said Kurt Barnard, head of consultants Retail Forecasting Group. Federated said in a statement that Tuesday's indictment was a separate legal action from the original investigation.