Showing posts sorted by date for query pwc goldman. Sort by relevance Show all posts
Showing posts sorted by date for query pwc goldman. Sort by relevance Show all posts

Sunday, August 18, 2024

PwC's FCPA problems may include its conduct in the matter of Malaysia's 1MDB

by Ganesh Sahathevan 


      Nazir Razak paying a courtesy call on old friend and new chairman of the SC, Faiz Azmi




As previously reported on this blog,  PwC may have a FCPA problem, arising out of its business  dealings with the Communist Party China linked Top Education Group .

That however is not the only FCPA problem that PwC may have to contend with. As mentioned: 

PwC's Australian scandal reveals PwC has a global centre which can intervene in local operations; there are now more reasons to believe that PwC Malaysia's 1MDB work was compromised by the fact that PwC has been Goldman Sachs' auditor for over 30 years

 Concerns about PwC's conduct in Malaysia with regards the 1MDB have been raised on this blog since at least 2019 but PwC has been very good at playing Malaysian politics. Rather than pursue PwC  for 1MDB related damages, Prime Minister Anaw Ibrahim has appointed PwC' Malaysia's executive  chairman at all relevant times, Faiz Azmi, a known associate of Najib Razak's brother Nazir, the new chairman of the Securities Commission, Malaysia's primary corporate regulator.


To Be  Read With 




Monday, August 12, 2024

PwC may have a FCPA problem - The Communist Party China linked Top Group investment by PwC Australia and its partners can have consequences under US law

 by Ganesh Sahathevan 


FCPA


Like many other of the Big 4 accounting firms PwC which has its headquarters in the United States, structures itself in a way  that allows the firm to claim worldwide reach, but where national firms can claim to be independent of each other. KPMG tried that during the 1MDB  kleptocracy investigation , and PwC seems to be attempting the same to avoid any connection to the Australian tax scandal involving a number of Australian partners.  The revelation that the newly appointed CEO Kevin Burrowes received undisclosed payments from PwC International further complicates the effort.

 

 In the course of the media's investigation into PwC's tax scandal the ABC's Investigation Unit discovered that PwC and a number of its partners had acquired IPO shares in Top Education Group Ltd, an Australian company that was sought and was listed on the HKEX. Top was listed in early 2018, in what appears to have been a ramp and dump of the type known to attract the attention of Hong Kong's Independent Commission Against Corruption (ICAC). 

 

Top Group's listing was made possible only as a result of the company being granted what remains the first and only license to grant law degrees. The license was granted by the NSW Legal Profession Admission Board, at  a point which coincided with donations from that company, and its then owner, Zhu Minshen, to the NSW Liberal Party. Zhu Minshen has since passed away, but in 2016, just two years prior to the IPO, and 3 years before his license to grant law degrees was renewed, Zhu's role in influence peddling on behalf of the Chinese Communist Party was given a very public airing.

The chairman of the NSW Legal Profession Admission Board at all relevant times was the then Chief Justice Of NSW, Tom Bathurst AC KC, who has been recently appointed by Kevin Brookes to oversee his review of PwC's processes, which is supposed to address  the  failings in governance that led to the tax scandal.

 

The US Foreign Corrupt Practices Act   has broad application . PwC's attempts to distance itself from the tax scandal of its Australian operations do not appear to working, and the Top Group affair, condemned by Australia's Minister For Education Jason Clare involves  Australian public officials at very many levels of government.


END





Thursday, February 29, 2024

Time for Anwar Ibrahim to pursue PwC for 1MDB related damages

 by Ganesh Sahathevan 

In March 2021 Sarawak Report sadi of PwC


In a trumpeted move at the time, the PH government appointed the global accountancy firm PWC to act as the highly paid actual managers of 1MDB, under a management agreement put in place in 2018. The agreement means that the day to day running of 1MDB is in the hands of an Executive Committee chaired by one Mohammad Faiz Azmi:

The appointment of Datuk Mohammad Faiz Azmi as the chairman of the executive committee is part of the scope and services provided by PricewaterhouseCoopers Advisory Services Sdn Bhd (PwC) to 1Malaysia Development Bhd (1MDB).

In a statement issued on Tuesday it said PwC is assisting the board and the exco in recovering 1MDB’s assets and in managing the company’s debt [The Star]

Since Faiz Azmi is the Executive Chairman of Pricewaterhouse Cooper in Malaysia and is so intimately involved in the very process of recovering 1MDB’s assets and recovering its debt it is surely a statement from him that Malaysians should be looking for in support of the assurances of the Board?

As the only remaining firm out of the ‘big four’ not to be tarnished by any dirty dealings with 1MDB in the past, PWC certainly has a prized reputation for integrity that it will wish to keep sound. It is at this very moment processing the fine played by its rival Deloitte for failing in such duties.

So, rather than expecting Malaysian’s to rely on a statement from the appointed civil servants on the Board of 1MDB, let them hear confirmation from the accountancy firm PWC, thereby putting its reputation on the line to say that every single dollar of the $2.5 billion obtained from Goldman Sachs and the further settlements has been fully paid into the 1MDB Trust Fund and that no fees or commissions have been taken out of it.

PWC can then also stake its reputation on assuring that although the entire management and contents of the fund have now been unaccountably made secret by the PN government, their firm can assure the public and government critics that not a penny has been misappropriated.


In 2020 this writer noted that the PwC asset recovery was creating its own scandal. As it stands, it is the DOJ and US liquidators who seem to be doing the bulk of the work in recovering 1MDB assets. PwC does not seem to be doing anything to justify its undoubtedly high fees and hence it is time for Anwar Ibrahim to pursue PwC for 1MDB related damages.


TO BE READ WITH 



Monday, February 10, 2020

Malaysia's 1MDB asset recovery creating its own scandal: Question mark over Fin Min Guan Eng's Pol Sec, Tony Pua, and PwC's lack of results, despite huge fees

by Ganesh Sahathevan



New Malaysia Tines reported yesterday that Malaysia's attempts at recovering assets stolen from 1MDB has run into further delay as a result of a dispute among partners at the law firm put in charge of the exercise, Lee Hishamuddin AllanGledhiil.

It has also been reported that Tony Pua, the Political Secretary to the  Minister for Finance Lim Guan Eng, has been overseeing the entire exercise, rather than the Attorney General Tan Sri Tommy Thomas.

The LeeHishamuddin problem raises further questions about Pua's handling of the asset recovery. His choice of PwC and KPMG is in itself plagued by conflicts of interest 
In addition, PwC 's history in Malaysia suggests that it was always going to be the wrong choice.As reported previously on this blog:

PwC and 1MDB: The Southern Bank takeover suggests PwC does not have the skills for this job; and has itself caught in (another) conflict of interest


That LeeHishamuddin had to be hired in addition to PwC (whose fees for services are not cheap) suggests that the 1MDB asset recovery exercise has in itself become a scandal of fees to various parties who have not done anything. 


Adding to all this is the information (see NMT below) that foreign firms have been hired to assist in the recovery.Why this was required when PwC has been assigned the job is intriguing, to say the least.Readers are reminded the US DOJ has already done a considerable amount of work in tracing the cashflows, and recovering some of the assets. 



END

Troubles at LHAG, may delay the recovery of money stolen from 1MDB

By  , in Editorial Politics Scandal on February 10, 2020 . Tagged width:  ,  ,  ,  , 

KUALA LUMPUR, Feb 10 – According to industry sources who have asked not to be named, Lee Hishamuddin Allen & Gledhill, or LHAG had been awarded the job of recovering 1MDB money from various parties by the Attorney General, Tan Sri Tommy Thomas, who is being advised by the Political Secretary to the Minister For Finance Tony Pua.
After a series of delays work on the recovery began late last year led by Tony Pua who has been chairing working group meetings with the LHAG team,which was led by LHAG senior partner Datuk DP Naban. It is understood that at least one overseas law firm has been engaged to assist Pua, despite Pua appointing PwC to take charge of the 1MDB asset recovery.
NMT has sighted the LHAG Notice of Dissolution which could soon mean that all LHAG files, including the 1MDB files, will be under the custody of external administrators who will have to dispose of the files and other LHAG assets .Datuk Naban may no longer advise on the 1MDB matter, leaving Tony Pua and Tan Sri Tommy with yet another delay in the 1MDB matter.
The whole 1MDB recovery has been delayed since the change in government in May 2019. While the US DOJ had provided the Malaysian Government with all its very extensive work, and while Tan Sri Tommy was appointed AG for his extensive knowledge of banking and finance matters and asset recovery, Tan Sri Tommy inexplicably handed over the work to Tony Pua. NMT understands that this was done in part to ensure Finance Minister Lim Guan Eng’s cooperation in the matter.
Minister Lim and his then adviser , now political secretary Tony Pua appointed PwC to take charge of the recovery, but apart from some quite silly demands being made of Goldman Sachs, nothing else has been done. Lim has gone on record to say that Goldman Sachs need only pay USD7.5 Billion to Malaysia to make its 1MDB problems go away.
The Attorney General handing over his work to a political secretary is unprecedented, and the impact of the dissolution of LHAG under scandalous circumstances adds to the bizarre circumstances surrounding the recovery of money stole from 1MDB.
NMT

Monday, June 26, 2023

PwC's Australian scandal reveals PwC has a global centre which can intervene in local operations; there are now more reasons to believe that PwC Malaysia's 1MDB work was compromised by the fact that PwC has been Goldman Sachs' auditor for over 30 years

 by Ganesh Sahathevan




The headline in this morning's Australian Financial Review  blared "PwC global seizes control of Australia firm, replaces CEO".
However, the standard line from the Big 4 including PwC is that the national partnerships operate independently, and that any liability that a national partnership might suffer cannot in any way concern the international firm.  Put in another way, the fiction maintained is that there is no global firm that exists as an entity that is linked to the national partnerships.In  Australia  however PwC has shown that it does and can control the national partnerships.

The PwC Australia scandal and the intervention of PwC Global adds to the evidence that PwC Malaysia's 1MDB work was compromised by the fact that PwC has been  Goldman Sachs' auditor  for over 30 years. 


To Be Read With 


Tuesday, February 19, 2019

PwC is Goldman Sachs' auditor,;PwC appointed by the Malaysian Govt to examine Goldman Sachs 1MDB transactions

by Ganesh Sahathevan






From Goldman Sachs 2017 Annual Report:


We were appointed by the directors on August 10, 1982 to audit the financial statements for the period ended November 25, 1983 and subsequent financial periods. The period of total uninterrupted engagement is 35 years, covering the periods ended November 25, 1983 to December 31, 2017. 


Nick Morrison (Senior Statutory Auditor) for and on behalf of PricewaterhouseCoopers LLP Chartered Accountants and Statutory Auditors London March 29, 2018


Despite that history, Malaysia's new government and Minister for Finance announced last year:


Newly appointed auditor for 1Malaysia Development Bhd (1MDB) PricewaterhouseCoopers (PwC) has completed its preliminary report and the Government plans to make the final report public, according to Finance Minister Lim Guan Eng.
In a press conference at Parliament today, Lim said the preliminary report gathered that 1MDB did not comply with basic corporate governance or management principles.
“From what we gathered in PwC's preliminary report, basic good corporate governance or management principles were not complied with. We want to make this public — people have the right to know — but let us get it done properly first, it is a preliminary report,” he said.

The Minister's confidence in PwC's work is touching, but one must ask why this obvious, blatant conflict has not been made better known to the Malaysian public.

Also, it is no excuse to say that PwC is the only auditor in Malaysia untainted by 1MDB.There are other firms who can, and are better known  in the business of forensic audits and investigations.
END
References


Don't Ask Us! - KPMG Global's Astonishing Response on 1MDB

Don't Ask Us! - KPMG Global's Astonishing Response on 1MDB

1MDB is not anything to do with us - Global Chief of KPMG, John Ve
1MDB is not anything to do with us – Global Chief of KPMG, John Veihmeyer
For weeks the mantra of the chairman of 1MDB’s governing Advisory Board (Malaysia’s Prime Minister) has been that the management of the fund has been ‘cleared’, because the accounts were ‘forensically’ audited by international accountancy firms of global standing.
The firms who have given 1MDB clean bills of health have been the Malaysia branches of the accountancy giants Deloitte and KPMG.
Malaysia's top team at KPMG - no accountability to HQ?
Malaysia’s top team at KPMG – no accountability to HQ?
However, last week Sarawak Report demonstrated evidence pointing to a series of sharp practices on the part of KPMG during the audit process for the year ending March 2010.
These enabled 1MDB to conceal the loss of USD$700 million, which was the sum siphoned out of its joint venture with the little known oil company PetroSaudi.
Following this expose, the Sydney-based Malaysian investigative financial journalist, Ganesh Sahathevan, directly challenged the Global Chairman of the company, John Veihmeyer, to give his response to the allegations.
Sahathevan asked whether KPMG Global had been aware of any of the transactions relating to 1MDB outlined in the expose?  He added that:
“much of what has been reported was in the public domain since at least 2014, and hence there is also the question of why the Global Board took no action despite that fact?”
KPMG's international image - a massive global firm
KPMG’s international image – a massive global firm
The rapid response Sahathevan received from KPMG merits reading in full, because it puts paid to any assumptions that a local branch of this ‘global network’ of accountancy firms can be relied upon to maintain any sort of acceptable standard laid down by a central authority.
The General Counsel (top lawyer) for Mr Veihmeyer states that the corporate headquarters has no involvement in the matter, because the KPMG network represents nothing more than a ‘Swiss Cooperative’ of happy Helvetic brand sharers.
In short, he explains, no one at HQ is responsible for what their fellow franchise holders get up to. They are just there to help and advise when required.
Dear Mr Sahathevan
I refer to your email below addressed to Mr John Veihmeyer, Global Chairman, KPMG International Cooperative (KPMG International).
I am the General Counsel of KPMG International and am responding on behalf of Mr Veihmeyer.
KPMG International is a Swiss Cooperative. Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to bind or obligate any member firm.
KPMG International does not have any relationship with, or connection to, 1MDB”.
Yours faithfully
Tom Wethered
Malaysians and others, who had assumed that accreditation by KPMG represented some form of guarantee of high standards; quality control; centralised monitoring and disciplinary process to ensure high standards of accountancy practice must therefore stand disappointed.
According to KPMG’s top legal eagle, theirs is a form of franchise that has its cake and eats it at the same time.
Name bearers get to carry the brand, but without any form of accountability whatsoever:
“nor does KPMG International have any such authority to bind or obligate any member firm” [Tom Wethered]

Franchise without accountability?

If a Malaysian were to find dog meat in his McDonald’s burger in KL, he would expect to receive some response from the company HQ from under its golden arches in California – and doubtless he would.
By contrast, if KPMG Malaysia assists in the cover-up of a billion dollar heist of public money, it turns out that their global HQ in Amsterdam merely refers you to the cantons of Switzerland and their company’s new corporate structure, which is accountability free.

Having their cake and eating it 

Mr Wethered’s response that “KPMG International does not have any relationship with, or connection to, 1MDB”  represents a stark contrast, however, with the firm’s own publicity material.
The KPMG website and numerous articles make reference instead to the guarantee of quality that their brand lends to its affiliates across the world.
KPMG’s own website, under the banner line “Acting With Integrity”, declares:
“KPMG is a global network of professional firms providing Audit, Tax and Advisory services. We have more than 155,000 outstanding professionals working together to deliver value in 155 countries worldwide.”
On the other hand, scrutiny of this KPMG website soon makes plain that behind the fine words and sentiments there is indeed what appears to be a significant dearth of actual governance in this corporate structure:

ABOVE ALL, WE ACT WITH INTEGRITY

We are constantly striving to uphold the highest professional standards, provide sound advice and rigorously maintain our independence….
The KPMG Global website concedes that its Head Officers provide policies, even regulations. But, there is no mention of enforcement.
The Global Board is the principal governance and oversight body. The key responsibilities of the Board include approving long-term strategy, protecting and enhancing the KPMG brand, and approving policies and regulations
There is no single line of accountability within the organisation.

Leadership

Internationally, the affairs of KPMG are the responsibility of several bodies.

Aspirations, but can they be enforced?
Aspirations, but can they be enforced?
The controls that would lead the third party readers of its audit reports to feel comforted that quality control is enforced, appear to be missing, as indicated by the letter sent by KMPG’s top counsel.
Although there is a deluge of information about the values and quality that this network of affiliated firms is “striving to achieve”, there seems to be a lack of clear accountability within the structure of the organisation.
Without accountability and enforcement structures the high values and claims of integrity that pack out KPMG’s corporate messaging are surely effectively meaningless?
What better example than this latest abdication of responsibility over the scandal of 1MDB?

KPMG’s Positive PR

The legal counsel of KPMG seems therefore to be entirely correct in his statement that the global headquarters can wash its hands entirely of this little fracas over in Malaysia.
Star Interview with former Global Head Michael Andrew presented a very different state of affairs.
Star Interview with former Global Head Michael Andrew presented a very different state of affairs.
Yet, as Mr Sahathevan and others suggest, this is not the public face of the company.
Certainly, the ‘Swiss Cooperative’s’ corporate PR does not accurately represent this state of affairs and basic lack of governance.
Take for example the recent ‘Up Close And Personal’ article by Malaysia’s Star Newspaper about the role of the recently retired Global Chairman of KPMG.
In his interview Mr Andrew told the Star that clients in KL had the right to expect the same level of service as in Europe.
He also said that the company upheld its “duty to the broader community”:
KPMG’s brand, Andrew says, is all about being independent and objective because the firm and its employees has a public interest of responsibility to the broader community.
“We have to ensure that we uphold the governance standards in every country for our multi-national clients. They expect the same standards in Kuala Lumpur as they do in Johannesburg, Frankfurt or New York,” he says.
He adds that corporate governance defines the KPMG brand. “If we don’t meet the governance standards, then people won’t have confidence in our business. Integrity is at the heart of everything we do.
“This is ensuring that we understand that our duty is to the broader community than just to any particular client or particular transaction. Because if we do some work, which turns out to be incorrect, it’ll affect our global brand,” he says.
Every three months, KPMG employees are required to sign a declaration to maintain their independence around their audit clients. [The Star Online 10th Aug 2013]
However, despite that commitment to the broader community, in the case of 1MDB the public was never informed about the siphoning of $700 million in public funds out of the fund, thanks to KPMG Malaysia’s accountancy practices.
And now it turns out that KPMG Global regards itself as having no responsibility at all in the matter.
Were it to be more widely recognised that KPMG Global exerts so little quality control over its branches, the reputation on which this ‘cooperative’ relies might very well lose a lot of its lustre.


Friday, October 15, 2021

A claim of USD5.6 Billion settled for just USD 80 Million: Settlement of Malaysia's 1MDB related claim against KPMG raises FCPA, UK Bribery Act issues, discount of almost 99%. of amount claimed suspicious

 by Ganesh Sahathevan 


In July 20201 The Government Of Malaysia demanded USD 5.6 Billion from international audit firm KPMG for losses arising out of KPMG's negligence in the conduct of its 1MDB audit. 

By September 2021 the Malaysian Government accepted just USD 80 Million in settlement of claims against KPMG. 

While it is true that litigation can be a long drawn out, expensive, affair, it is hard to see what cost-benefit calculations the Malaysian government relied on to determine that a discount of almost 99% of the amount claimed was  reasonable.

The settlement is suspicious and raises US FCPA and UK Bribery Act issues, given the way in which KPMG's business is organised, and given the extent of the 1MDB affair. 


TO BE READ WTH 

Saturday, July 10, 2021

Will former FM Lim Guan Eng's Special Officer Dato Ooi Kok Seng be among KPMG partners who are being sued more than USD 5.6 Billion for 1MDB losses

 by Ganesh Sahathevan 




CNA and others have reported:

Malaysia's government and state fund 1Malaysia Development Berhad (1MDB) are seeking more than US$5.6 billion in damages from KPMG partners for alleged breaches and negligence linked to a corruption scandal at the fund, court documents seen by Reuters showed.

Audit firm KPMG on Friday (Jul 9) denied the allegations and pledged to "vigorously" contest the suit filed against 44 current and former partners and linked to its audit of 1MDB's financial statements between 2010 to 2012.

It would be interesting to see if former Finance Minister Lim Guan Eng' Special Officer,  KPMG partner Dato Ooi Kok Seng, is among those sued, and what his defence might be.



TO BE READ WITH 





hursday, March 14, 2019

Malaysia's Minister For Finance appoints KPMG partner as "Special Officer",despite KPMG's contribution to 1MDB's losses

by Ganesh Sahathevan

ooi title  
ooi2Kok Seng is the Partner-in-Charge for KPMG Northern Region.  He has extensive audit, accounting and consulting experience both in Malaysia and Washington, D.C., USA. His experience is not limited to audit assignments but also covers the various corporate exercises which include corporate advisory on initial public offerings, cross border acquisitions, special issues and share valuation.
He currently sits in the Penang State Shared Services and Outsourcing and Creative Multimedia Content Council.
  
 (see http://aamc2015.usm.my/index.php/2-uncategorised


KPMG's _proudly boast on their website:

Special officer to the finance minister, Dato’ Ooi Kok Seng, who was also present, had mentioned that the government had not yet received the funds from a one-off special dividend from Petroliam Nasional Bhd (Petronas) of RM30 billion which will be used for tax refunds announced during Budget 2019. “At the moment the funds are not in as it is only a few days past the new year. However, [the public] should not worry as the finance minister has given the assurance that full refunds will be made through the special dividend,” he said.

Dato’ Ooi Kok Seng is KPMG Head (North).He seems to have won the favour of the Penang Government and the DAP, despite KPMG's 1MDB history.This excerpt from the DAP website is indicative of their relationship:

The Penang state government has chosen the internationally renowned accounting firm, KPMG and its senior partner Chartered Accountant Ooi Kok Seng, for the verification exercise and to formulate the template and presented to the public. As an independent audit firm, KPMG is required to uphold the highest standards of professional standards ensuring that it complies with the principles of objectivity, independence and no conflict of interest before undertaking any task.


KPMG's contribution to 1MDB's losses has been well documented by this writer and by Sawarak Report (see stories below).

This conflict adds to that concerning PwC, Goldman Sach's auditor for some 37 years, who have nevertheless been appointed to oversee 1MDB.

END






Don't Ask Us! - KPMG Global's Astonishing Response on 1MDB

Don't Ask Us! - KPMG Global's Astonishing Response on 1MDB

1MDB is not anything to do with us - Global Chief of KPMG, John Ve
1MDB is not anything to do with us – Global Chief of KPMG, John Veihmeyer
For weeks the mantra of the chairman of 1MDB’s governing Advisory Board (Malaysia’s Prime Minister) has been that the management of the fund has been ‘cleared’, because the accounts were ‘forensically’ audited by international accountancy firms of global standing.
The firms who have given 1MDB clean bills of health have been the Malaysia branches of the accountancy giants Deloitte and KPMG.
Malaysia's top team at KPMG - no accountability to HQ?
Malaysia’s top team at KPMG – no accountability to HQ?
However, last week Sarawak Report demonstrated evidence pointing to a series of sharp practices on the part of KPMG during the audit process for the year ending March 2010.
These enabled 1MDB to conceal the loss of USD$700 million, which was the sum siphoned out of its joint venture with the little known oil company PetroSaudi.
Following this expose, the Sydney-based Malaysian investigative financial journalist, Ganesh Sahathevan, directly challenged the Global Chairman of the company, John Veihmeyer, to give his response to the allegations.
Sahathevan asked whether KPMG Global had been aware of any of the transactions relating to 1MDB outlined in the expose?  He added that:
“much of what has been reported was in the public domain since at least 2014, and hence there is also the question of why the Global Board took no action despite that fact?”
KPMG's international image - a massive global firm
KPMG’s international image – a massive global firm
The rapid response Sahathevan received from KPMG merits reading in full, because it puts paid to any assumptions that a local branch of this ‘global network’ of accountancy firms can be relied upon to maintain any sort of acceptable standard laid down by a central authority.
The General Counsel (top lawyer) for Mr Veihmeyer states that the corporate headquarters has no involvement in the matter, because the KPMG network represents nothing more than a ‘Swiss Cooperative’ of happy Helvetic brand sharers.
In short, he explains, no one at HQ is responsible for what their fellow franchise holders get up to. They are just there to help and advise when required.
Dear Mr Sahathevan
I refer to your email below addressed to Mr John Veihmeyer, Global Chairman, KPMG International Cooperative (KPMG International).
I am the General Counsel of KPMG International and am responding on behalf of Mr Veihmeyer.
KPMG International is a Swiss Cooperative. Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to bind or obligate any member firm.
KPMG International does not have any relationship with, or connection to, 1MDB”.
Yours faithfully
Tom Wethered
Malaysians and others, who had assumed that accreditation by KPMG represented some form of guarantee of high standards; quality control; centralised monitoring and disciplinary process to ensure high standards of accountancy practice must therefore stand disappointed.
According to KPMG’s top legal eagle, theirs is a form of franchise that has its cake and eats it at the same time.
Name bearers get to carry the brand, but without any form of accountability whatsoever:
“nor does KPMG International have any such authority to bind or obligate any member firm” [Tom Wethered]

Franchise without accountability?

If a Malaysian were to find dog meat in his McDonald’s burger in KL, he would expect to receive some response from the company HQ from under its golden arches in California – and doubtless he would.
By contrast, if KPMG Malaysia assists in the cover-up of a billion dollar heist of public money, it turns out that their global HQ in Amsterdam merely refers you to the cantons of Switzerland and their company’s new corporate structure, which is accountability free.

Having their cake and eating it 

Mr Wethered’s response that “KPMG International does not have any relationship with, or connection to, 1MDB”  represents a stark contrast, however, with the firm’s own publicity material.
The KPMG website and numerous articles make reference instead to the guarantee of quality that their brand lends to its affiliates across the world.
KPMG’s own website, under the banner line “Acting With Integrity”, declares:
“KPMG is a global network of professional firms providing Audit, Tax and Advisory services. We have more than 155,000 outstanding professionals working together to deliver value in 155 countries worldwide.”
On the other hand, scrutiny of this KPMG website soon makes plain that behind the fine words and sentiments there is indeed what appears to be a significant dearth of actual governance in this corporate structure:

ABOVE ALL, WE ACT WITH INTEGRITY

We are constantly striving to uphold the highest professional standards, provide sound advice and rigorously maintain our independence….
The KPMG Global website concedes that its Head Officers provide policies, even regulations. But, there is no mention of enforcement.
The Global Board is the principal governance and oversight body. The key responsibilities of the Board include approving long-term strategy, protecting and enhancing the KPMG brand, and approving policies and regulations
There is no single line of accountability within the organisation.

Leadership

Internationally, the affairs of KPMG are the responsibility of several bodies.

Aspirations, but can they be enforced?
Aspirations, but can they be enforced?
The controls that would lead the third party readers of its audit reports to feel comforted that quality control is enforced, appear to be missing, as indicated by the letter sent by KMPG’s top counsel.
Although there is a deluge of information about the values and quality that this network of affiliated firms is “striving to achieve”, there seems to be a lack of clear accountability within the structure of the organisation.
Without accountability and enforcement structures the high values and claims of integrity that pack out KPMG’s corporate messaging are surely effectively meaningless?
What better example than this latest abdication of responsibility over the scandal of 1MDB?

KPMG’s Positive PR

The legal counsel of KPMG seems therefore to be entirely correct in his statement that the global headquarters can wash its hands entirely of this little fracas over in Malaysia.
Star Interview with former Global Head Michael Andrew presented a very different state of affairs.
Star Interview with former Global Head Michael Andrew presented a very different state of affairs.
Yet, as Mr Sahathevan and others suggest, this is not the public face of the company.
Certainly, the ‘Swiss Cooperative’s’ corporate PR does not accurately represent this state of affairs and basic lack of governance.
Take for example the recent ‘Up Close And Personal’ article by Malaysia’s Star Newspaper about the role of the recently retired Global Chairman of KPMG.
In his interview Mr Andrew told the Star that clients in KL had the right to expect the same level of service as in Europe.
He also said that the company upheld its “duty to the broader community”:
KPMG’s brand, Andrew says, is all about being independent and objective because the firm and its employees has a public interest of responsibility to the broader community.
“We have to ensure that we uphold the governance standards in every country for our multi-national clients. They expect the same standards in Kuala Lumpur as they do in Johannesburg, Frankfurt or New York,” he says.
He adds that corporate governance defines the KPMG brand. “If we don’t meet the governance standards, then people won’t have confidence in our business. Integrity is at the heart of everything we do.
“This is ensuring that we understand that our duty is to the broader community than just to any particular client or particular transaction. Because if we do some work, which turns out to be incorrect, it’ll affect our global brand,” he says.
Every three months, KPMG employees are required to sign a declaration to maintain their independence around their audit clients. [The Star Online 10th Aug 2013]
However, despite that commitment to the broader community, in the case of 1MDB the public was never informed about the siphoning of $700 million in public funds out of the fund, thanks to KPMG Malaysia’s accountancy practices.
And now it turns out that KPMG Global regards itself as having no responsibility at all in the matter.
Were it to be more widely recognised that KPMG Global exerts so little quality control over its branches, the reputation on which this ‘cooperative’ relies might very well lose a lot of its lustre.