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SEC LITIGATION RELEASE
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EXTRACTED KEY WORDS
COMMISSION WILCHFORT RABINOWITZ SECURITIES REPORTING COMPLAINT CENDANT CUC ALLEGES VIOLATIONS ACCOUNTING CHIEF OFFICER VICE PRESIDENT LITIGATION DISTRICT PARTNERS AUDIT PRACTICING PERMANENT INJUNCTION ADMITTING DENYING JUDGMENTS ENJOINING REPORTING PROVISIONS FEDERAL SECURITIES LAWS FINANCIAL STATEMENTS ISSUER |
U.S. Securities and Exchange Commission
Washington, D.C.
Litigation Release No. 18102 / April 24, 2003
, 03 Civ. 0933-RCL (D.D.C.)
SEC To Suspend Two Auditors of Cendant Corporation and CUC International
from Practicing before the Commission
On April 23, 2003, the Securities and Exchange Commission filed a
settled in the United States District Court for the District of
Columbia against two Ernst & Young LLP ("E&Y") partners, Kenneth
Wilchfort and Marc Rabinowitz, in connection with audits of Cendant
Corporation ("Cendant") and its predecessor, CUC International
("CUC"). The Complaint alleges that the two partners aided and abetted
Cendant's and CUC's violations of Section 13(a) of the Securities
Exchange Act of 1934 ("Exchange Act") and seeks a permanent
injunction. Without admitting or denying the Commission's allegations,
Wilchfort and Rabinowitz consented to the entry of judgments enjoining
them from violating the reporting provisions of the federal securities
laws. Without admitting or denying the findings in the Commission's
Orders, Wilchfort and Rabinowitz also consented to the issuance of
administrative orders, based on the injunctions, suspending them from
appearing or practicing before the Commission as accountants and
providing that they may apply for reinstatement after four years.
The Complaint alleges that Wilchfort and Rabinowitz were E&Y's
partners responsible for providing audit and accounting advisory
services to Cendant and CUC. The Complaint further alleges that,
despite the fact that Cendant and CUC provided them with false
documents and otherwise lied to them, Wilchfort and Rabinowitz
improperly failed to detect that Cendant's and CUC's financial
statements were not presented in conformity with generally accepted
accounting principles. The Complaint allleges that Wilchfort and
Rabinowitz had a duty to withhold their firm's audit report containing
an unqualified opinion and take appropriate steps to prevent these
financial statements from being filed with the Commission and
circulated to investors. The Complaint also alleges that, by failing
to do so, Wilchfort and Rabinowitz aided and abetted Cendant's and
CUC's violations of the reporting provisions of the federal securities
laws.
The judgments will permanently enjoin Wilchfort and Rabinowitz from,
directly or indirectly, aiding and abetting any issuer of a security
registered pursuant to Section 12 of the Exchange Act by filing any
report required by the Securities Act of 1933 or the Exchange Act and
the rules of the Commission that fails to contain information and
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