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New Jersey Appeals Court Deals ‘Devastating Loss for KPMG’ Over Malpractice in Cast Art Merger

We briefly mentioned this case on Monday but since everyone seems to have checked out mid-week, we’re sure you won’t mind.

Way back in the dawn of the Clinton Administration, some financial reporting chicanery went down at Papel Giftware, Inc. so that Cast Art Industries of Corona, California would run into the company’s outstretched arms. More specifically, chicanery that consisted of ” ‘systemic, organized, improper accounting practices at Papel.’ ” Cast Art failed in 2003 which made everyone sad/mad.

KPMG was on watch as this all went down and a jury found the firm negligent in 2008 under the Accountant Liability Act.

The bitch of it is, the KPMG partner was thisclose to pulling out of the engagement, “[A] July 2000 letter by KPMG partner John Quinn that said Papel Chief Financial Officer Rick Wasserman gave an ‘unfair and misleading characterization of the accounting and auditing issues.’ Quinn said he was ‘very much inclined’ to recommend ending work with Papel after that year’s audit, according to the opinion.”

That ‘very much inclined’ didn’t result in “we withdraw from the engagement.”


However, since the KPMG is a professional services firm with the necessary means and a reputation to protect (according to some, anyway) they appealed the ruling and on August 26th a three-judge panel of the New Jersey Appellate Division still said, “yep, it’s accounting malpractice.”

This was a thrilling result for plaintiffs who are looking to squeeze more damages out of the firm:

“This is a huge win and no matter how KPMG wants to spin it, it’s a devastating loss for KPMG,” plaintiffs’ attorney Michael Avenatti said in an interview. “KPMG’s appeal of this case may go down as Exhibit A of ‘Be careful of what you wish for.’ Now, we have the ability to go collect potentially $10 million to $20 million more in additional damages.”

Right. The spin.

A KPMG spokesman, Daniel Ginsburg, said the firm is “considering our available options” after the ruling.

“We are pleased that the court affirmed dismissal of the plaintiff’s fraud claim against us, and also reversed the jury’s verdict by ordering a new trial on the issue of damages,” Ginsburg said in an e-mail. “We are disappointed, however, with the court’s ruling on legal issues regarding the plaintiff’s negligence claim.”

Actually, not much spin there. Just one of those kiss your sister/brother moments.

KPMG Committed Malpractice Tied to Cast Art Merger, Appeals Court Rules [Bloomberg]

KPMG Is Overachieving in the Green Department

Klynveldians may remember back in 2008 that the firm embarked on a divine green mission to reduce waste, its carbon footprint, so on and so forth.

Well, the firm announced today that not only has it achieved its goals in two years instead of three but it also exceeded the percent reduction goal of 25% with a 26% reduction in its carbon footprint.

• Formation of Living Green Teams to harness the passion of KPMG’s employees and partners in local offices nationwide. – See a Living Green Team member at right.

• Recycling of every laptop, monitor and printer, for both reuse and disposal of toxic materials – This is good considering all the layoffs that KPMG did from 2007-2009, there was probably a lot of laptops sitting around just collecting dust.

In all quasi-seriousness, it’s good to see the firm taking steps to put the green back in green eyeshade. Now if we could get everyone to bike or walk to work, we’d really have something. Discuss your impressions with KPMG’s treehuggery below.

NEW YORK, Jul. 21 /CSRwire/ – KPMG LLP, the U.S. audit, tax and advisory firm, today announced it achieved a 26 percent reduction in its carbon footprint from 2007 through 2009, exceeding the firm’s stated three-year commitment of a 25 percent reduction in just two years.

In 2008, KPMG embarked on an ambitious environmental program in the United States called “Living Green” to support the firm’s commitment to reduce the amount of waste it generates, the volume of natural resources it consumes, and to reduce its carbon footprint. When it was announced, KPMG’s Living Green program targeted a 25 percent reduction in the U.S. firm’s overall carbon footprint by 2010.

The firm’s 26 percent reduction from 2007 through 2009 is based on the results of a recent analysis by KPMG’s Climate Change and Sustainability Services group that shows KPMG reduced its carbon footprint by 20 percent between 2008 and 2009, and 7 percent between 2007 and 2008.

“Living Green at KPMG has helped us better understand the need to adapt to climate change and invest in sustainable, eco-friendly business initiatives,” says Steve Clemente, KPMG principal and leader of the Living Green program. “Thanks to the commitment of our firm and the support of our 20,000 plus people nationwide, we are helping change the environment in which we live and work for the better.”

During the course of its Living Green program, the U.S. firm has reduced its electricity consumption by 9 percent and reduced paper consumption by 33 percent, while having increased the percentage of recycled paper used by 85 percent.

“KPMG’s successful carbon reductions represent the kind of corporate leadership we need at this time of environmental and economic crisis,” says Matt Petersen, president and CEO of Global Green USA, a national environmental non-profit organization dedicated to implementing solutions to global climate change. “KPMG is establishing – and beating ahead of time – reduction goals that save money and resources while reducing the carbon pollution that causes global warming.”

In achieving these results, KPMG is identifying leading practices and establishing new programs and processes at both the local office and national levels. They include:

• Formation of Living Green Teams to harness the passion of KPMG’s employees and partners in local offices nationwide. These teams implement the Living Green program at a grassroots level, driving innovation and making a difference through initiatives such as local specialized recycling programs, engagement with city-wide environmental programs, and hosting volunteer events with organizations dedicated to sustainability during KPMG’s annual Living Green week which is held each year in conjunction with Earth Day.

• Completion of a KPMG data technology center that uses multiple sources of electrical power, but features gas micro-turbines as its centerpiece. The natural gas-powered units provide exceptional energy efficiency, helping generate more than 70 percent of the power needed to run the facility and produce ultra-low carbon dioxide and particulate emissions.

• Recycling of every laptop, monitor and printer, for both reuse and disposal of toxic materials, while implementing server virtualization, which involves using one computer server to do the work of many. Server virtualization has prevented the emission of over 1,000 tons of carbon dioxide.

• In 2009, KPMG’s new Nashville office became the first firm office to be Leadership in Energy and Environmental Design (LEED) certified by the U.S. Green Building Council (USGBC), followed by offices in San Diego and Orange County, California. Recently, firm offices in Boston and Charlotte received gold-level LEED certification.

“Being a responsible corporate citizen is a key driver of KPMG’s business, affecting our relationships with clients, shaping the experiences of our people, and inspiring us to be a positive force in our communities,” says Kathy Hannan, KPMG national managing partner, diversity and corporate social responsibility.