SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
Litigation Release No. 17126 \ September 12, 2001
Accounting and Auditing Enforcement Release No. 1445 / September 12,
2001
SECURITIES AND EXCHANGE COMMISSION v. ERIC L. MATTSON AND JAMES W.
HARRIS, Civil Action No. H-01-3106 (S.D. Tex.)(filed September 11,
2001)
SEC SUES BAKER HUGHES INCORPORATED'S FORMER CHIEF FINANCIAL OFFICER
AND CONTROLLER FOR AUTHORIZING THE PAYMENT OF A BRIBE
On September 11, 2001, the Securities and Exchange Commission filed a
civil injunctive action in the United States District Court for the
Southern District of Texas, Houston Division, against Eric L. Mattson
("Mattson"), the former Chief Financial Officer of Baker Hughes
Incorporated ("Baker Hughes"), and James W. Harris ("Harris"), Baker
Hughes' former Controller. The Commission's complaint alleges that
Mattson and Harris authorized the payment of a bribe of $75,000,
through KPMG-Siddharta Siddharta & Harsono ("KPMG-SSH"), Baker Hughes'
agent and accountant in Indonesia, to a local government official in
Indonesia. Mattson and Harris directed that this payment be made while
knowing that KPMG-SSH would pass all or part of the payment along to
an Indonesian tax official for the purpose of influencing him to
reduce a tax assessment from $3.2 million to $270,000 for PT Eastman
Christensen ("PTEC"), an Indonesian company beneficially owned by
Baker Hughes. This improper payment was authorized in violation of the
antibribery provisions of the Foreign Corrupt Practices Act ("FCPA")
The complaint alleges that on March 9, 1999, Harris was told that an
Indonesian tax official was demanding a $75,000 payment, in exchange
for which he would reduce PTEC's tax assessment. Harris learned that
KPMG-SSH had offered to make the improper payment on PTEC's behalf
using PTEC's funds, and then issue an inflated invoice that would
conceal the payment. The complaint further alleges that Baker Hughes'
FCPA advisor advised Harris that any such payment to an Indonesian tax
official would violate the FCPA. On March 10, 1999, Harris told Baker
Hughes' General Counsel and Mattson of the Indonesian tax official's
demand for an improper payment. During this meeting, the General
Counsel stated that the Indonesian tax official's demands raised FCPA
concerns and under no circumstances should Harris or Mattson enter
into any transaction that could potentially violate the FCPA. On the
evening of March 10, 1999, disregarding the FCPA advisor's
instructions, and acting contrary to the advice of the General
Counsel, defendants Mattson and Harris authorized the payment of the
SNIPPETS:
SECURITIES AND EXCHANGE COMMISSION
SEC SUES BAKER HUGHES INCORPORATED'S FORMER CHIEF FINANCIAL OFFICER AND CONTROLLER FOR
On September 11, 2001, the Securities and Exchange Commission filed a civil injunctive action
The Commission's complaint alleges that Mattson and Harris authorized the payment of a bribe
Mattson and Harris directed that this payment be made while knowing that KPMG-SSH would pass
This improper payment was authorized in violation of the antibribery provisions of the
Harris learned that KPMG-SSH had offered to make the improper payment on PTEC's behalf using
The complaint further alleges that Baker Hughes' FCPA advisor advised Harris that any such
the General Counsel stated that the Indonesian tax official's demands raised FCPA concerns
On the evening of March 10, 1999, disregarding the FCPA advisor's instructions, and acting
The complaint alleges that Mattson and Harris violated Sections 30Aand 13of the Exchange Act
Also on September 11, 2001, the Securities and Exchange Commission and the Department of
This is the first time that the Commission and the Department of Justice, both of which have
See Securities Exchange Act Release No. 44784; Accounting and Auditing Enforcement Release
|