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

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Senior U.S. District Judge Barbara Rothstein rejected PwC’s argument that the FDIC’s recently added negligence claims based on audits of Montgomery, Alabama-based Colonial Bank from 2002 to.

l.l Prior to August 14, 2009, Colonial Bank (the ”Bank") was a state, nonmember depository institution organized and existing under the laws of the State of Alabama. l.2 On August 14, 2009, the Bank was dosed by the Alabama State Department of

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PwC gave the bank’s parent, Colonial BancGroup, a clean audit opinion for six years until it collapsed in 2009, when it emerged that huge chunks of its loans to TBW were secured against assets.

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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.

Shoddy PwC Audits Led To Bank Failure, Judge Rules. PwC had served as the auditor for Colonial BancGroup Inc. and its primary subsidiary, Colonial Bank, and U.S. District Judge Barbara Jacobs Rothstein ruled on Dec. 28 that the accounting giant was negligent in its review of Colonial’s financial statements.

He also rejected PwC’s argument that the negligence claim against it must be dismissed because Colonial’s own negligence played a role in its fate, saying that is a question of fact for a jury.

The judge, who sits in Washington but was assigned to hear this case from the Middle District of Alabama, also applied Alabama law to find that Colonial surrendered its right to collect from PwC.

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.

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