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Friday, 19 April, 2002, 07:30 GMT 08:30 UK

Arthur Andersen to face trial


Andersen graphic
Beleaguered accountancy firm Arthur Andersen is to face a potentially fatal day in court after all, following its abrupt abandonment of talks with the US government.

The firm stands accused of obstructing justice by shredding documents relating to failed energy firm Enron after federal authorities had announced an investigation.

Until Thursday, the company had been desperately trying to find a settlement and avoid facing the charges, since they could deal the final death-blow to the battered company's hopes of survival.

But Andersen has now failed to meet a deadline for analysing the proposals on offer, some of which it has rejected, and the Department of Justice is now working towards a court date of 6 May.

Meanwhile, clients and partners are continuing to jump ship, edging the company closer to the point of no return.

US media reports suggest that four out of five partners have signed non-binding letters of intent, saying they intend to move on.

Destroying documents

Andersen's lawyers have been tantalisingly close to a deal all week.

Within the last few days the outline of a possible settlement has emerged.

But in the end the government's stipulations on an admission of guilt went further than Andersen's lawyers were prepared to go.

The government was prepared to give the company a three-year stay on prosecution.

But in return, Andersen would have to co-operate in the investigation of what went wrong at Enron and admit in public that it knew employees were destroying documents.

That could effectively remove the company's licence to operate in the US.

"We are no longer in talks (with the Justice Department)," said Rusty Hardin, one of the firm's attorneys.

Added difficulties

The company's position is further complicated by the fact that its Houston chief, David Duncan, has already pleaded guilty to obstructing justice.

Andersen had fired him in January.

And the firm also faces $300m in civil cases, now that criminal talks have broken down.

Two days of talks involving a court-appointed mediator ended on Wednesday with no solution in sight.


Related to this story:
Andersen and E&Y in French marriage (16 Apr 02 | Business) Deloitte snaps up Andersen UK (10 Apr 02 | Business) Enron victims prepare legal action (08 Apr 02 | Business) More firms flee Andersen (01 Apr 02 | Business) Andersen backs rescue plan (29 Mar 02 | Business) Andersen's angry accountants (30 Mar 02 | From Our Own Correspondent)


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