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Navy shipbuilder Austal settles fraud with SEC

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Mobile, Alabama-based shipbuilder Austal USA and its Australian-based parent company, Austal Limited, have agreed to a $24 million civil penalty to settle fraud charges by the Securities and Exchange Commission.

The SEC alleged that, from at least January 2013 to July 2016, the Austal companies artificially reduced the estimated cost to complete certain shipbuilding projects for the U.S. Navy by tens of millions of dollars. According to the complaint, Austal USA knew its costs were rising but arbitrarily lowered the estimates to meet its revenue budget and projections. Further, Austal Limited allegedly prematurely recognized revenue, thereby meeting or exceeding analyst consensus estimates for earnings before interest and tax. 

The SEC alleges that both companies “acted knowingly or with severe recklessness in connection with the scheme,” which was allegedly carried out by Austal USA former president Craig Perciavalle, former director of financial analysis Joseph Runkel and former director of the Littoral Combat Ships program William Adams. The three executives were previously charged with accounting fraud in March 2023. The litigation is ongoing.

Navy ship Austal
An employee walks across scaffolding surrounding a U.S. Navy Littoral Combat Ship under construction at Marinette Marine Corp., in Marinette, Wisconsin.

Daniel Acker/Bloomberg

“Transparency is a hallmark of financial reporting, and investors rely on companies to accurately and fairly represent their financial condition so that they can make informed decisions,” Jason Burt, director of the SEC’s Denver Regional Office, said in a statement. “The terms of this settlement make it clear that when companies manipulate their financial results to avoid falling short of analyst expectations — and those actions harm U.S. investors — the SEC will hold those companies accountable, wherever they are located.”

The complaint was filed in the U.S. District Court for the Southern District of Alabama, and charges Austal Limited and Austal USA with violating the antifraud provisions of the Securities Exchange Act of 1934. Austal Limited and Austal USA each agreed to permanent injunctions, and Austal USA agreed to the penalty. The settlements are subject to court approval, and the SEC plans to create a Fair Fund to distribute the penalty to harmed investors. 

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Acting IRS commissioner reportedly replaced

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Gary Shapley, who was named only days ago as the acting commissioner of the Internal Revenue Service, is reportedly being replaced by Deputy Treasury Secretary Michael Faulkender amid a power struggle between Treasury Secretary Scott Bessent and Elon Musk.

The New York Times reported that Bessent was outraged that Shapley was named to head the IRS without his knowledge or approval and complained to President Trump about it. Shapley was installed as acting commissioner on Tuesday, only to be ousted on Friday. He first gained prominence as an IRS Criminal Investigation special agent and whistleblower who testified in 2023 before the House Oversight Committee that then-President Joe Biden’s son Hunter received preferential treatment during a tax-evasion investigation, and he and another special agent had been removed from the investigation after complaining to their supervisors in 2022. He was promoted last month to senior advisor to Bessent and made deputy chief of IRS Criminal Investigation. Shapley is expected to remain now as a senior official at IRS Criminal Investigation, according to the Wall Street Journal. The IRS and the Treasury Department press offices did not immediately respond to requests for comment.

Faulkender was confirmed last month as deputy secretary at the Treasury Department and formerly worked during the first Trump administration at the Treasury on the Paycheck Protection Program before leaving to teach finance at the University of Maryland.

Faulkender will be the fifth head of the IRS this year. Former IRS commissioner Danny Werfel departed in January, on Inauguration Day, after Trump announced in December he planned to name former Congressman Billy Long, R-Missouri, as the next IRS commissioner, even though Werfel’s term wasn’t scheduled to end until November 2027. The Senate has not yet scheduled a confirmation hearing for Long, amid questions from Senate Democrats about his work promoting the Employee Retention Credit and so-called “tribal tax credits.” The job of acting commissioner has since been filled by Douglas O’Donnell, who was deputy commissioner under Werfel. However, O’Donnell abruptly retired as the IRS came under pressure to lay off thousands of employees and share access to confidential taxpayer data. He was replaced by IRS chief operating officer Melanie Krause, who resigned last week after coming under similar pressure to provide taxpayer data to immigration authorities and employees of the Musk-led U.S. DOGE Service. 

Krause had planned to depart later this month under the deferred resignation program at the IRS, under which approximately 22,000 IRS employees have accepted the voluntary buyout offers. But Musk reportedly pushed to have Shapley installed on Tuesday, according to the Times, and he remained working in the commissioner’s office as recently as Friday morning. Meanwhile, plans are underway for further reductions in the IRS workforce of up to 40%, according to the Federal News Network, taking the IRS from approximately 102,000 employees at the beginning of the year to around 60,000 to 70,000 employees.

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Accounting

On the move: EY names San Antonio office MP

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Carr, Riggs & Ingram appoints CFO and chief legal officer; TSCPA hosts accounting bootcamp; and more news from across the profession.

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Tech news: Certinia announces spring release

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Certinia announces spring release; Intuit acquires tech and experts from fintech Deserve; Paystand launches feature to navigate tariffs; and other accounting tech news and updates.

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