From
http://business.timesonline.co.uk/....
June 16, 2005
KPMG 'faces criminal charges' over tax sales
By Times Online
KPMG is locked in "high-wire" negotiations with Federal prosecutors in the United States, who have built a case to show that the global accountancy giant obstructed justice and sold "abusive" tax shelters, it is reported today.
In a move that could decide the fate of KPMG, one of the top four global accountancy groups, American prosecutors are deciding whether to indict the firm, which would involve criminal charges, according to the Wall Street Journal.
Citing lawyers briefed on the case, the Journal claims that the issue of whether to charge KPMG has sparked a debate among top officials at the US Department of Justice. The newspaper reported this morning that indicting KPMG would put future of the company at risk.
The threat of these criminal charges could persuade KPMG to pay "substantial financial penalties" in settlement, the Journal wrote.
In April, KPMG paid $22.5 million to the US Securities and Exchange Commission, the United States markets regulator, to settle charges that it allowed office equipment maker Xerox to manipulate its accounts. As part of its agreement with the regulator, KPMG agreed to eight specific reforms, including establishing a channel of communication for "whistleblowers" who might expose any alleged wrongdoing at the group.
KPMG did not immediately return calls from Times Online. George Ledwith, the chief spokesman for KPMG, told the Journal that KPMG has "continued to co-operate fully" with investigators.
KPMG disclosed two years ago that it was under investigation by the attorney's offfice for the southern district of New York for the alleged aggressive marketing of tax shelters to its wealthy clients during the 1990s. These tax shelters were subsequently deemed to be "abusive" by the Internal Revenue Service in the United States, according to the Journal.
It was also reported today that KPMG also faces possible criminal charges for allegedly misleading Revenue investigators and concealing evidence.
KPMG has argued that even an agreement to defer prosecution that would keep the group out of the courts would nevertheless do its reputation serious damage.
But it said the accountancy group's case may be helped by a series of recent legal setbacks in the war on corporate fraud in America. The newspaper reported that two weeks ago that the Supreme Court had reversed its conviction of Arthur Andersen, the former top accountancy group that collapsed after its role in the Enron scandal.