SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No.17127 / September 12, 2001
Accounting and Auditing Enforcement Release No. 1446 / September 12,
2001
UNITED STATES OF AMERICA AND SECURITIES AND EXCHANGE COMMISSION v.
KPMG SIDDHARTA SIDDHARTA & HARSONO AND SONNY HARSONO, Civil Action No.
H-01-3105 (S.D. Tex.) (filed September 11, 2001)
SEC AND DEPARTMENT OF JUSTICE FILE FIRST-EVER JOINT CIVIL ACTION
AGAINST KPMG SIDDHARTA SIDDHARTA & HARSONO AND ITS PARTNER SONNY
HARSONO FOR AUTHORIZING THE PAYMENT OF A BRIBE IN INDONESIA
On September 11, 2001, the Securities and Exchange Commission and the
United States Department of Justice filed a joint civil injunctive
action in the United States District Court for the Southern District
of Texas, Houston Division, against KPMG Siddharta Siddharta & Harsono
("KPMG-SSH"), a public accounting firm in Jakarta, Indonesia and Sonny
Harsono ("Harsono"), a partner of KPMG-SSH. KPMG-SSH is an affiliate
firm of KPMG International. This is the first time that the Commission
and the Department of Justice, both of which have jurisdiction over
the antibribery provisions of the Foreign Corrupt Practices Act
("FCPA"), have combined to file a joint civil action.
The complaint alleges that in 1999, Harsono authorized KPMG-SSH
personnel to bribe an Indonesian tax official on behalf of one of
KPMG-SSH's clients, PT Eastman Christensen ("PTEC"), an Indonesian
company beneficially owned by Baker Hughes Incorporated ("Baker
Hughes"). KPMG-SSH agreed to make the illicit payment to influence the
Indonesian tax official to reduce a tax assessment for PTEC from $3.2
million to $270,000. Harsono advised KPMG-SSH personnel that if Baker
Hughes represented directly to KPMG-SSH, not through PTEC, that it
wanted KPMG-SSH to make the illicit payment, KPMG-SSH would be willing
to pay the Indonesian tax official. To conceal the improper payment,
Harsono agreed with KPMG-SSH personnel that KPMG-SSH should generate
an invoice that would include money for the payment to the Indonesian
tax official and for KPMG-SSH's fees for services rendered. The false
invoice, although purporting to be for professional services rendered,
in reality represented $75,000 to be paid to an Indonesian tax
official, and the remainder for KPMG-SSH's actual fees and applicable
taxes. After receiving the invoice, PTEC paid KPMG-SSH $143,000 and
improperly entered the transaction on its books and records as payment
for professional services rendered. On March 23, 1999, PTEC received a
tax assessment of approximately $270,000 from the Indonesian
government, almost $3 million lower than the original assessment.
SNIPPETS:
UNITED STATES OF AMERICA AND SECURITIES AND EXCHANGE COMMISSION v. KPMG SIDDHARTA SIDDHARTA &
SEC AND DEPARTMENT OF JUSTICE FILE FIRST-EVER JOINT CIVIL ACTION AGAINST KPMG SIDDHARTA
On September 11, 2001, the Securities and Exchange Commission and the United States
KPMG-SSH is an affiliate firm of KPMG International.
This is the first time that the Commission and the Department of Justice, both of which have
The complaint alleges that in 1999, Harsono authorized KPMG-SSH personnel to bribe an
KPMG-SSH agreed to make the illicit payment to influence the Indonesian tax official to
Harsono agreed with KPMG-SSH personnel that KPMG-SSH should generate an invoice that would
After receiving the invoice, PTEC paid KPMG-SSH $143,000 and improperly entered the
On March 23, 1999, PTEC received a tax assessment of approximately $270,000 from the
Without admitting or denying the allegations of the complaint, the defendants have consented
The complaint alleges that Mattson and Harris violated Sections 30Aand 13of the Exchange Act
The Order also finds that in 1998 and 1995, senior managers at Baker Hughes authorized
The Order directs that Baker Hughes cease and desist from committing or causing any violation
|