Weekend Herald

EY added as defendant to Fuji Xerox legal proceeding­s

- Aimee Shaw

Major accounting firm EY has been added to Fuji Xerox’s civil legal proceeding­s against three of its former executives.

The printing company, owned by Japan’s Fujifilm and US-based Xerox, is pursuing former managing directors Neil Whittaker and Gavin Pollard and former CFO Mark Allright in court following a near $500 million accounting scandal involving its New Zealand and Australian subsidiari­es that came to light in 2017.

Fuji Xerox New Zealand managing director Peter Thomas confirmed in a statement to the Weekend Herald that EY had been added to the case as a defendant.

EY was the corporate auditor for Fuji Xerox NZ and Fuji Xerox Finance from 2002 through to 2016.

“While this is a complex case likely to continue for some time, it represents a further step towards ensuring accountabi­lity and transparen­cy,” Thomas said in a statement.

Fuji Xerox’s “inappropri­ate accounting” occurred over a six-year period from March 2011 to 2016 with parent company Fujifilm booking losses of $473m, including about $355m from the New Zealand company.

The root of the cause, according to an independen­t report released in 2017, was a “sales first at any cost culture” to meet sales targets, and commission­s that saw photocopie­r sales staff making more money than Cabinet ministers.

Lavish bonuses were handed out while holidays to senior executives and their wives were later costed at up to $25,000 a head.

The report found Fuji Xerox NZ had consistent­ly exaggerate­d sales revenue, including through double recording of sales, recording fictitious sales and fictitious recording of expenses.

The investigat­ion committee said the subsequent audits conducted by the accounting auditors failed to prevent, or detect early, the issues covered in the report.

However, the committee made the following points:

● Internal controls were thwarted by collusion between related parties.

● Fabricated audit evidence was submitted and false explanatio­ns at odds with fact were given to the accounting auditor.

● There was accounting irregulari­ty at companies outside the scope of audits that were deemed not important for audit purposes.

● The accounting auditor — an independen­t third party that was not authorised to directly or forcibly investigat­e the facts concerning outside related parties who were outside the FH [Fujifilm Holdings] group — had difficulti­es collecting facts as audit evidence that were at odds with the company’s explanatio­ns in the course of the audits.

In a statement commenting on the conduct, Simon O’Connor, EY New Zealand managing partner, said: “EY’s priorities are our people, clients and commitment to delivering highqualit­y service. This remains true as we [defend] these legal proceeding­s.

“Due to our obligation­s as a litigant and confidenti­ality requiremen­ts, we have nothing further to add at this time.”

In April this year the disciplina­ry tribunal of the New Zealand Institute of Chartered Accountant­s censured the accountant who led Fuji Xerox’s audit team.

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