SEC Charges Austal USA with Accounting Fraud

They say smooth seas never made a skilled sailor, but for Austal USA and its Australian parent company, navigating the choppy waters of financial reporting got them into some seriously hot water. It turns out, manipulating the numbers to meet revenue targets isn’t the best way to keep your business afloat. Let’s dive into the story of how this shipbuilder’s fraudulent scheme was uncovered and what you can learn from their mistakes.

Austal USA, a major shipbuilder for the U.S. Navy, and its parent company, Austal Limited, have been hit with fraud charges for cooking the books on their shipbuilding projects. As part of the settlement, Austal USA is shelling out a hefty $24 million civil penalty.


How It Works:

  1. The Setup: From 2013 to 2016, Austal USA was struggling with rising shipbuilding costs that were higher than planned. Instead of reporting these accurately, the company’s leadership decided to lower cost estimates artificially.
  2. The Cover-Up: By manipulating these cost estimates, Austal USA made it appear as though they were on budget. This allowed their parent company, Austal Limited, to prematurely recognize revenue and meet financial targets—specifically, earnings before interest and tax (EBIT) that matched or exceeded analysts’ expectations.
  3. The Fallout: The SEC discovered the scheme, charging Austal USA and Austal Limited with accounting fraud. The companies have agreed to settle, but not before significant reputational damage and financial penalties.


Who’s Targeted:

This type of fraud typically targets investors, financial analysts, and the broader market. Companies engaging in such schemes often do so to meet financial projections and keep their stock prices high, deceiving stakeholders in the process.


Real-Life Example:

In this case, Austal’s fraudulent activities were allegedly carried out by senior executives, including former president Craig D. Perciavalle. The manipulation of cost estimates was not just a mistake—it was a deliberate act to deceive investors and analysts. The SEC has taken strong action, charging those involved and imposing penalties on the companies.


Why You Should Care:

Financial fraud isn’t just about the numbers—it’s about trust. Investors, employees, and the public rely on companies to provide accurate financial information. When that trust is broken, it can lead to significant financial losses, legal consequences, and a damaged reputation that’s hard to rebuild. If you’re an investor, this should make you think twice about the transparency and ethics of the companies you invest in.


How to Protect Yourself:

  1. Do Your Research: Before investing in a company, take the time to research their financial practices. Look for any red flags, such as frequent changes in financial estimates or a history of regulatory issues.
  2. Watch for Warning Signs: Be cautious if a company consistently meets or exceeds financial projections without explanation, especially in industries known for fluctuating costs, like shipbuilding.
  3. Stay Informed: Follow news and updates from regulatory bodies like the SEC. They regularly release information about ongoing investigations and charges against companies.
  4. Diversify Your Investments: Spread your investments across multiple companies and industries to reduce the risk of being impacted by fraudulent activities in one organization.
  5. Engage in Shareholder Activism: If you own stock in a company, use your voice to push for transparency and ethical financial practices. Attend shareholder meetings and vote on key issues.


Quick Tips & Updates:

  • Quick Tip #1: "Did you know? Companies that manipulate their financial results to meet analyst expectations often face severe penalties and long-term reputational damage."
  • Quick Tip #2: "Pro Tip: Keep an eye on the financial health of your investments by reviewing quarterly earnings reports and analyst reviews."


Have you encountered any companies that you suspect might be manipulating their financial results? Share your story with us—your insights could help others avoid a costly mistake.


Stay safe, stay informed, and remember—when it comes to investing, trust but verify. A little due diligence can go a long way in protecting your financial future.


Key Terms Explained:

  • Earnings Before Interest and Tax (EBIT): A measure of a company’s profitability that excludes interest and income tax expenses.
  • Revenue Recognition: The accounting principle that determines the specific conditions under which income becomes recognized as revenue.
  • Securities Exchange Act of 1934: A U.S. law governing the secondary trading of securities (stocks, bonds, and debentures), designed to provide transparency and prevent fraud in the marketplace.

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