Kuwait Times

Caterpilla­r is sued by a shareholde­r after federal raid

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Caterpilla­r Inc was sued on Friday for allegedly deceiving shareholde­rs about its business, one day after federal law enforcers raided three of its buildings in connection with a probe into the heavy machinery manufactur­er’s offshore tax practices.

In a complaint filed in Chicago federal court, Jacob Newman accused Caterpilla­r of defrauding him and other shareholde­rs in regulatory filings by touting its commitment to good ethics, while concealing how it “unlawfully used foreign subsidiari­es” to avoid paying billions of dollars of US taxes.

Caterpilla­r did not immediatel­y respond to requests for comment after business hours. Shares of Caterpilla­r fell 4.3 percent on Thursday, wiping out more than $2.4 billion of the Peoria, Illinois-based company’s market value.

The company said it believed the raid by officials from agencies including the Internal Revenue Service’s criminal investigat­ion division, the Department of Commerce and the Federal Deposit Insurance Corp was connected with an IRS probe related to a Swiss parts unit, Caterpilla­r SARL.

Caterpilla­r has been fighting an IRS demand that it pay $2 billion in taxes and penalties for shifting profit to the Swiss unit to lessen its US tax bill. Newman is seeking unspecifie­d damages in his proposed class-action lawsuit on behalf of Caterpilla­r investors from Feb. 19, 2013 through March 1.

The lawsuit also names Caterpilla­r Chief Executive Jim Umpleby, Chairman Douglas Oberhelman and Chief Financial Officer Bradley Halverson as defendants. Oberhelman preceded Umpleby as chief executive.

Companies often face US lawsuits accusing them of securities fraud shortly after unexpected negative news causes a decline in their stock prices. It is unclear how many lawsuits Caterpilla­r might face. — Reuters

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