Judge Determines that PricewaterhouseCoopers was Negligent in Colonial Bank Auditing Case – Constantine Cannon

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PwC found negligent over colonial bank failure. She also cited testimony from a PwC partner in an earlier, related case that "our audit procedures were not designed to detect fraud". Rothstein did dismiss other charges against the firm brought by the FDIC and Colonial’s bankruptcy trustee.

Late last week, a federal judge determined that accounting giant PricewaterhouseCoopers (PwC) was negligent in its auditing of Colonial Bank, the Alabama institution that failed in 2009 in the midst of the financial crisis.

In a time and materials contract, a contractor may inflate costs or rates, shift costs from one contract to a different contract, or misallocate costs between contracts. Such accounting fraud in government contracts can be grounds for a whistleblower case under the False Claims Act.

PwC was the outside auditor for Colonial’s bank holding company, and gave Colonial clean audits that blessed its financial statements for years. The FDIC and the Colonial trustee had alleged PwC was negligent in not detecting the fraud scheme, and they sued the firm in 2012 and 2011, respectively.

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