For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails
PricewaterhouseCoopers failed to spot for seven years a multibillion dollar fraud that led to the demise of Taylor Bean & Whitaker Mortgage Corp, a lawyer for the lender’s bankruptcy trustee told a Miami jury on Tuesday.
At issue is PwC’s work for Colonial Bank, which bought mortgages that Taylor Bean originated. Had PwC adequately vetted documents that Taylor Bean gave to the bank, it would have spotted a multi-year fraud by executives at both firms far earlier and put an end to it, the trustee claims. Instead, federal regulators uncovered it in 2009 and Taylor Bean and Colonial went bankrupt. The bankruptcy trustee sued in 2013 seeking $5.6bn (£4.3bn) in damages.
“Year after year, Pricewaterhouse didn’t do their job, they didn’t follow the rules and they failed to detect the fraud,” Steven Thomas, an attorney for the trustee, said in opening statements.
There have been several suits stemming from the financial crisis in which bankruptcy trustees sorting through the remains of firms that collapsed due to fraud have gone after auditors, saying they failed in their roles as watchdogs. Taylor Bean’s accountant, Deloitte, settled similar allegations by the trustee three years ago for an undisclosed amount.
This isn’t the first time PwC has been accused of negligence. Last year, the firm agreed to pay $65m to settle similar claims tied to the collapse of MF Global.
PwC maintains it complied with auditing standards in the Taylor Bean case and accused the mortgage issuer of being responsible for its own losses.
“Remember, Taylor Bean’s owner and half of its board of directors were criminals,” Beth Tanis, an attorney for the accounting firm, told jurors. “They didn’t rely on Pricewaterhouse’s audit report because they knew about the fraud they were committing.”
Taylor Bean, once the 12th-biggest US mortgage lender, collapsed after federal regulators uncovered a $3bn scheme involving fake mortgage assets. Six Taylor Bean executives were convicted and jailed for their roles in the fraud, including former chairman Lee Farkas, who was sentenced to 30 years in prison.
Beginning in 2002, Farkas sent mortgage data to Colonial Bank for loans that didn’t exist or that Taylor Bean had already committed or sold to other investors. By the end of 2007, the scheme, which involved executives at Colonial Bank, consisted of about $1.5bn in fake or severely impaired residential mortgage loans.
Biggest business scandals in pictures Show all 20 1 /20Biggest business scandals in pictures Biggest business scandals in pictures Volkswagen emissions scandal VW admitted to rigging its US emission tests so that diesel-powered cars would looks like they were emitting less nitrous oxide, which can damage the ozone layer and contribute to respiratory diseases. Around 11 million cars worldwide were affected.
Getty
Biggest business scandals in pictures Martin Shkreli and Turing Pharmaceuticals Martin Shkreli became known as the “most hated man in the world” after his drug company, Turing, increased the price of a 62-year-old drug that treated HIV patients by 5,000% to $750 a pill. He was charged with illegally taking stock from Retrophin, a biotechnology firm he started in 2011, and using it pay off debts from unrelated business dealings. Shkreli, who maintains he is innocent, and says there is little evidence of fraud because his investors didn't lose money.
Biggest business scandals in pictures Panama Papers: Millions of leaked documents expose how world’s rich and powerful hid money - April 2016 Millions of confidential documents have been leaked from one of the world’s most secretive law firms, exposing how the rich and powerful have hidden their money. Dictators and other heads of state have been accused of laundering money, avoiding sanctions and evading tax, according to the unprecedented cache of papers that show the inner workings of the law firm Mossack Fonseca, which is based in Panama.
Getty
Biggest business scandals in pictures Google's tax avoidance Google reached a deal with the HM Revenue and Customs to pay back £130 million in so-called “back-taxes” that have been due since 2005. George Osborne championed the deal as a “major success”. But European MEPs have since called for the Chancellor to appear in front of the committee on tax rulings to explain the tax deal.
Getty
Biggest business scandals in pictures Rogue trader A French court cut the damages owed by rogue trader Jerome Kerviel from €4.9bn (£4.2bn) to just €1m (£860,000). The court ruled on that Kerviel was “partly responsible” for massive losses suffered in 2008 by his former employer Societe Generale through his reckless trades. Kerviel has consistently maintained that bosses at the French bank knew what he was doing all along.
AP
Biggest business scandals in pictures Barclays CEO under investigation for trying to identify whistleblower - Monday Paril 10 Authorities have launched an investigation into Barclays chief executive officer Jes Staley for trying to identify a whistleblower, the bank said on Monday. The Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) are both investigating Mr Staley after the bank notified them that Mr Staley had tried to identify the author of two anonymous letters, which were sent to the board and a senior executive in June 2016.
Getty
Biggest business scandals in pictures UK to crack down on bank money laundering after reports of £65bn Russian scam, City minister says - March 2017 The Economic Secretary to the Treasury has vowed that the Government will crack down on money laundering practices, after several of the UK's biggest banks were accused of processing money from a Russian scam, believed to involve up to $80bn (£65bn).
Reuters
Biggest business scandals in pictures Former HBOS bankers convicted of bribery and fraud over £245m loan scam - February 2017 Two former HBOS bankers were among six people found guilty of bribery and fraud that cost customers and shareholders hundreds of millions of pounds, the BBC reports. Lynden Scourfield, 54, a manager at HBOS, forced struggling clients to use the services of his friends David Mills, 60, and Michael Bancroft, 73. In return, the two businessmen arranged sex parties, cash and lavish gifts. On Monday, the three were convicted at Southwark Crown Court on accounts including bribery, fraud and money laundering. Mark Dobson, another manager at HBOS, Alison Mills, and John Cartwright were also convicted.
Getty
Biggest business scandals in pictures Lloyds chief apologises for damage caused by affair allegations - August 2016 Antonio Horta-Osorio, the chief executive of Lloyds Bank, has broken his silence over allegations about his private life admitting he regrets any "damage done to the group's reputation". In a message sent to the bank's 75,000 employees, the banker said that anyone can make mistakes while insisting that staff had to maintain the highest professional standards.
Getty
Biggest business scandals in pictures Christine Lagarde faces court over £340m Bernard Tapie payment - July 2016 The head of the International Monetary Fund (IMF), Christine Lagarde, must stand trial in France over a payment of €403 million (now £340m, then £290m) to tycoon Bernard Tapie, a France's highest appeals court has ruled. The court rejected Ms Lagarde's appeal against a judge's order in December for her to stand trial over allegations of negligence in her handling of the affair. Ms Lagarde could risk a maximum penalty of one year in prison and a fine of €15,000 euros if convicted.
Reuters
Biggest business scandals in pictures HSBC senior manager arrested in FX rigging investigation at JFK airport in New York - July 2016 A senior executive at HSBC has been arrested at New York's JFK airport for his alleged involvement in a conspiracy to rig currency benchmarks, according to reports. Mark Johnson, global head of foreign exchange cash trading in London, was reportedly arrested on Tuesday. He will appear before a federal court in Brooklyn on Wednesday charged with conspiracy to commit wire fraud, Bloomberg said.
Getty
Biggest business scandals in pictures Former PwC employees found guilty in 'Luxleaks' tax scandal - June 2016 Two ex- PricewaterhouseCoopers staffers were found guilty in Luxembourg of stealing confidential tax files that helped unleash a global scandal over generous fiscal deals for hundreds of international companies. Antoine Deltour and Raphael Halet face suspended sentences of 12 months and 9 months and were ordered to pay fines of €1,500 (£1,230) and €1,000 (£822) for their role in the so-called LuxLeaks scandal. Despite the minimal sentences, the ruling was described by Deltour’s lawyer as “shocking” and “a terrible anomaly.” The ruling “puts on guard future whistle-blowers,” Deltour told reporters.The LuxLeaks revelations sped beyond Luxembourg, causing European Union regulators to expand a tax-subsidy probe and propose new laws to fight corporate tax dodging, while EU lawmakers created a special committee to probe fiscal deals across the 28-nation bloc.
Reuters
Biggest business scandals in pictures Goldman Sachs dealmakers lavished Libyan officials with prostitutes to win contract - June 2016 A former Goldman Sachs dealmaker trying to persuade Gadaffi-era Libya to invest $1 billion with the investment bank procured prostitutes and invited Libyan officials to lavish parties in the hope of winning the business, the High Court heard on Monday June 13.The Libyan Investment Authority sovereign wealth fund is suing Goldman Sachs for inappropriately coercing its naïve staff into giving its sovereign wealth fund cash to the bank to invest in products they did not understand. The products were designed to generate big profits for Goldman, the LIA claims.Goldman denies wrongdoing and says the LIA was treated as an arms-length customer
Reuters
Biggest business scandals in pictures Former boss of BHS said his life was threatened - June 2016 Darren Topp, the former boss of BHS, has said former owner Dominic Chappell threatened to kill him when he challenged him over a £1.5 million transfer out of the business. MPs on the Business, Innovation and Skills Committee asked Mr Topp about a £1.5 million transfer Mr Chappell made from BHS to a company called BHS Sweden.
Getty
Biggest business scandals in pictures Sports Direct founder Mike Ashley admits paying workers below the minimum wage - June 2016 Mike Ashley admitted paying Sports Direct employees below the minimum wage at a hearing in front of MPs. The company founder said that workers were paid less than the statutory minimum because of bottlenecks at security in an admission that could result in sanctions from HMRC.
Reuters
Biggest business scandals in pictures Mitsubishi admits ‘improper’ fuel tests - April 2016 Mitsubishi has admitted to using false fuel methods dating back to 1991. The scale of the scandal is only just coming to light after it was revealed in April that data was falsified in the testing of four types of cars, including two Nissan cars.
AP
Biggest business scandals in pictures Quindell, the scandal-ridden insurance firm Quindell was once a darling of AIM but its share price fell in April 2014 when its accounting practices were attacked in a stinging research note by US short seller Gotham City. In August the group was forced to disclose that the £107 million pre-tax profit it had reported for 2013 was incorrect, and it had in fact suffered a £64million loss.
Getty
Biggest business scandals in pictures Toshiba Accounting Scandal The boss of Toshiba, the Japanese technology giant, resigned in disgrace in the wake of one of the country’s biggest ever accounting scandals. His exit came two months after the company revealed that it was investigating accounting irregularities. An independent investigatory panel said that Toshiba’s management had inflated its reported profits by up to 152 billion yen (£780m) between 2008 and 2014.
Biggest business scandals in pictures FIFA Corruption Scandal Fifa, football's world governing body, has been engulfed by claims of widespread corruption since the summer of 2015, when the US Department of Justice indicted several top executives. It has now claimed the careers of two of the most powerful men in football, Fifa President Sepp Blatter and Uefa President Michel Platini, after they were banned for eight years from all football-related activities by Fifa's ethics committee. A Swiss criminal investigation into the pair is ongoing.
Getty
Biggest business scandals in pictures Libor fraudster City trader Tom Hayes, 35, has become the first person to be convicted of rigging Libor rates following a trial at London's Southwark Crown Court. Hayes worked as a trader in yen derivatives at UBS before joining the American bank Citigroup in Tokyo. He was fired from Citigroup following an investigation into his trading methods. He returned to the UK in December 2012 and was arrested following a two-and-a-half year criminal investigation by the SFO.
Getty
PwC allegedly failed to spot the fraud when it audited the books of Colonial’s parent, Colonial BancGroup, even though Taylor Bean was the bank’s largest client and a “stakeholder” in PwC’s audits, according to court documents. PwC allegedly certified the fake mortgage assets as “true sales” to Colonial and tried to cover up its negligence when federal regulators questioned the accounting, according to the papers.
Colonial Bank, which became the sixth-biggest bank failure in US history, cost the Federal Deposit Insurance Corp’s insurance fund about $4.2bn.
The judge overseeing the case ruled last year that a jury should determine whether or not punitive damages are warranted to punish PwC based on allegations of gross negligence and intentional misconduct.
© Bloomberg
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies