A federal grand jury has indicted three former Austal executives with orchestrating an accounting fraud scheme at shipbuilder Austal’s United States subsidiary
The charges relate to an accounting fraud allegedly committed at Austal USA between 2013 and 2016.
Mobile, Alabama-based Austal USA is a defence contractor for the U.S. Navy, building, among other vessels, the Independence-class Littoral Combat Ship (LCS).
The United States Department of Justice (DOJ) alleges that between 2013 and 2016, Craig Perciavalle, 52, Joseph Runkel, 54, and William Adams, 63, and others conspired to mislead Austal Limited’s shareholders and investors about Austal USA’s financial condition.
Craig Perciavalle was the President and CEO at Austal, and resigned as Austal USA’s president in 2021 following an investigation by federal and Australian authorities into the company’s practices. He subsequently joined Fincantieri Bay Shipbuilding in late 2021 where he currently serves as General Manager/Vice President.
Fincantieri has suspended him following the indictment, and in a statement to Riviera Maritime Media said “None of the charges involve Bay Shipbuilding, Fincantieri Marine Group or Fincantieri SpA.”
Jan Allman, Fincantieri Marine Group’s Senior VP for Public Affairs, will serve as Interim General Manager.
Mr Runkel was the director of financial analysis at Austal while Mr Adams is the former director of the company’s LCS programme, according to the US Securities and Exchange Commission.
Specifically, the DOJ charges the trio with allegedly artificially reducing and suppressing an accounting metric known as “estimate at completion” (EAC) in relation to multiple combat ships that Austal USA was building for the U.S. Navy.
Suppressing the EACs helped to falsely overstate Austal Limited’s reported earnings in its public financial statements.
The defendants and their co-conspirators stand accused of manipulated the EAC figures in part by using so-called “program challenges” – ostensibly cost-savings goals – but which in reality were “plug” numbers and fraudulent devices to hide growing costs that should have been incorporated into Austal USA’s financial statements, and reflected in Austal Limited’s reported earnings.
According to the DOJ, when the higher costs were eventually disclosed to the market, the company’s stock price took a hit with Austal Limited writing down over US$100M.
Mr Perciavalle, Mr Adams, and Mr Runkel are each charged with one count of conspiracy to commit wire fraud and wire fraud affecting a financial institution, five counts of wire fraud, and two counts of wire fraud affecting a financial institution.
If convicted, each could face up to 30 years in prison for the conspiracy count and each count of wire fraud affecting a financial institution, and 20 years in prison for each count of wire fraud.
The Defense Criminal Investigative Service (DCIS) and Naval Criminal Investigative Service (NCIS) are investigating the case.
The trio also face a civil action filed by the US Securities and Exchange Commission.
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