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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
XEROX AUDIT ACCOUNTING AMENDED COMPLAINT KPMG PARTNERS EXCHANGE ACT YOHO AMENDED COMPLAINT ALLEGES REPORTS EQUIPMENT REVENUES SECURITIES CIVIL EARNINGS REVIEW COMMISSION FRAUD INJUNCTION ALLEGATIONS VIOLATIONS FINANCIAL STATEMENTS FRAUDULENT DEFENDANTS MANIPULATE ACCOUNTING PRACTICES OPERATING INVESTING ACCORDANCE GAAP INFLATING EQUIPMENT REVENUES |
U. S. SECURITIES AND EXCHANGE COMMISSION Washington, D.C. Litigation Release No. 18389 / October 3, 2003 , Civil Action No. 03 CV 0671 (DLC) (S.D.N.Y.) (January 29, 2003) SEC FILES AN AMENDED COMPLAINT CHARGING AN ADDITIONAL KPMG PARTNER WITH FRAUD IN CONNECTION WITH AUDITS OF XEROX SEC SEEKS INJUNCTION, DISGORGEMENT AND PENALTIES On October 3, 2003, the Securities and Exchange Commission filed an amended complaint in the civil fraud injunctive action pending in the United States District Court for the Southern District of New York against KPMG LLP and four KPMG partners to include charges of fraud against an additional KPMG partner, Thomas J. Yoho, in connection with KPMG's audits of Xerox Corporation from 1997 through 2000. The SEC seeks injunctions, disgorgement of all fees and civil money penalties against KPMG and the five KPMG partners named as defendants. The action was originally filed against KPMG and four of its partners on January 29, 2003. As in the original complaint, the amended complaint alleges that KPMG and its partners permitted Xerox to manipulate its accounting practices to close a $3 billion "gap" between actual operating results and results reported to the investing public. Year after year, the KPMG partners falsely represented to the public that their audits were conducted in accordance with generally accepted auditing standards (GAAS) and that Xerox's financial reports fairly represented the company's financial condition and were prepared in accordance with generally accepted accounting principles (GAAP). The Commission's amended complaint also repeats allegations that beginning at least as early as 1997, Xerox initiated or increased reliance on various accounting devices to manipulate its equipment revenues and earnings. Most of these "topside accounting devices" violated GAAP and most improperly increased the amount of equipment revenue from leased office equipment products which Xerox recognized in its quarterly and annual financial statements filed with the Commission and distributed to investors and the public. This improper revenue recognition had the effect of inflating equipment revenues and earnings beyond what actual operating results warranted. In addition, the amended complaint alleges that the defendant KPMG partners fraudulently permitted Xerox to manipulate reserves to boost the company's earnings. Thomas J. Yoho, a resident of Greenwich, Connecticut and a certified public accountant, was the Concurring Review partner for KPMG on the Xerox audit from 1994 until after the 2000 audit was completed andSNIPPETS: |
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