Nearly half the partners at accounting giant
PricewaterhouseCoopers LLP reported having violated rules
prohibiting them from owning stock in companies they audit, and
many more such lapses went unreported, a review led by an
independent consultant has found.
The Securities and Exchange Commission, which made the
consultant's review public on Thursday, said its investigation of
New York-based PricewaterhouseCoopers is continuing.
A year ago, the firm agreed in a settlement to conduct the
review and create a $2.5 million education fund after the SEC
alleged that some of its accountants compromised their independence
by owning stock in corporations they audited.
PricewaterhouseCoopers promised at the time to take steps to
ensure that it didn't happen again.
PricewaterhouseCoopers promised at the time to take steps to
ensure that it didn't happen again.
Five Partners Dismissed
As a result of the new inquiry, five partners of the firm and a
slightly larger number of other employees had been dismissed, and
other employees were disciplined but not fired, a
PricewaterhouseCoopers managing partner, Kenton J. Sicchitano, told
The New York Times in Friday's editions. He declined to give names.
In light of the disappointing results of the review, the SEC
said Thursday it has asked an accounting industry oversight board
to sponsor similar independent reviews at other accounting firms.
The SEC has been stressing the need for accounting firms to be
more independent of the companies they audit. The watchdog agency's
rules explicitly forbid accountants from owning stock in their
audit clients.
Lynn Turner, the SEC's chief accountant, called the report by
the independent consultant, New York attorney Jess Fardella, "a
sobering reminder that accounting professionals need to renew their
commitment to the fundamental principle of auditor independence."
Fardella and his four-person team found some excusable mistakes
by the accounting firm but also "laxity and insensitivity to the
importance of independence" and "serious" problems of corporate
structure and culture.
The report found:
Nearly half the firm's 2,698 partners, or 1,301, reported
having committed at least one violation of the auditor independence
rules while 153 of them admitted to more than 10 each.
Of a total 8,064 violations reported by those involved, 81.3
percent were by partners and 17.4 percent by managers. Nearly half
of the reported violations were committed by partners who perform
services related to financial audits of companies.
Almost half the reported violations involved direct investments
by the PricewaterhouseCoopers professionals in securities, mutual
funds, bank accounts or insurance products related to client
companies.
In addition, Fardella's team did random checks that found that
77.5 percent of the firm's partners failed to report at least one
violation they committed. That means an estimated 86 percent of the
2,698 partners had at least one violation, the report said.
Dave Nestor, a spokesman for PricewaterhouseCoopers, said he had
no comment on the report but provided a copy of a letter sent
Wednesday by chairman Nicholas G. Moore and chief executive James
J. Schiro to the firm's partners.
The letter termed the Fardella report "embarrassing to our firm
and to all of us as partners" and said that "Equally important,
it may also raise questions and concerns among our clients and our
people."
However, the executives added that the violations of the
independence rules cited by the report, while unacceptable, "did
not in any way impair the professional objectivity and integrity"
of the company's audits.
"We are determined to do everything possible so that neither
our firm nor our clients ever again suffer from
independence-related problems," Moore and Schiro wrote. "To
facilitate this, we have established expansive new policies and
procedures to address previous infractions and to prevent future
ones."
The SEC appointed Fardella in March 1999 to supervise the
internal review after it censured PricewaterhouseCoopers for
alleged violations of the independence rules.
In its settlement with the SEC, the firm agreed to set up the
$2.5 million education fund, to be used to enhance awareness in the
accounting profession of the independence rules.
PricewaterhouseCoopers, created from the July 1998 merger of
Price Waterhouse LLP and Coopers & Lybrand LLP, neither admitted
nor denied wrongdoing in agreeing to the settlement.
Under the accord, the firm also agreed to be censured, to
improve its procedures for monitoring adherence to the independence
rules and to conduct the internal investigation supervised by
Fardella.