R.J. Reynolds Refuses to Turn Over Documents to SEC

In today’s world of reform and oversight, few publicly held companies would be brazen enough to say "no" to the U.S. Securities and Exchange Commission, but that is exactly what R.J. Reynolds Tobacco Holdings Inc. has done.

Reynolds has refused to hand over documents requested in a July 3 SEC subpoena claiming the documents contain confidential information that would harm the company if it fell into the hands of its competitors or the U.S. Department of Justice. The federal government is embroiled in a lawsuit with Reynolds and other cigarette makers, seeking $289 billion in fines for what it calls deceptive and fraudulent practices.

Dow Jones reported that the Winston-Salem, NC-based R.J. Reynolds, maker of Salem, Winston and Camel cigarettes, tends to be extremely protective of its corporate information, much more so than its chief competitor, Philip Morris USA unit of Altria Group Inc. Reynolds ranks second after Philip Morris based on revenue.

Reynolds said it has turned over some of the documents the SEC requested and has offered to provide a list of others, but not the actual documents. The SEC, which went to court just 19 times last year to compel compliance with its requests, has said it would sue to gain access to records showing the company’s smoking and health litigation costs. Reynolds disclosed last week in a SEC filing that the agency is looking into possible securities laws violations.

Specifically, the SEC wants to see the breakdown of the litigation costs in relation to the company’s sales, general and administrative expenses statement, Reuters reported.

Reynolds argument is that many of the requested documents are privileged under lawyer-client confidentiality rules and said that it knows of no other company that is being asked to provide this level of information to the SEC, especially since the SEC’s probe does not involve claims of financial or accounting irregularities.

Voice of the Editor

Even though any accounting auditor would tell you it seems like there are an awful lot of tax accountants out there, surely one-third of the country isn't made up of tax preparers, so it's rather startling news to learn that one-third of Americans like to do their taxes. Who knew?
ADVERTISEMENT

This Week on AccountingWEB

Bill Walter of Gross, Mendelsohn & Associates and Harold Gaar of TravisWolff LLP weigh in on mobile technology use while employees are at work.
WestArk RSVP and Fayette County Community Action Agency – organizations that received grant funding through the IRS Tax Counseling for the Elderly (TCE) program – spoke with AccountingWEB about how they assist senior citizens in their communities.
CPA Robert Raiola, who heads the Sports & Entertainment Group of Fazio, Mannuzza, Roche, Tankel, LaPilusa, LLC, talks NFL player income taxes with AccountingWEB.
Retiring KPMG Centennial Professor of Accounting at the University of Texas at Austin McCombs School of Business Robert May, PhD talks with AccountingWEB about his rewarding forty-three-year career.
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT