Thursday, August 20, 2026

Claims of secret payments, gifts, bullying: Former KPMG partner named

 Claims of secret payments, gifts, bullying: Former KPMG partner named


A former KPMG partner, Philip Henry, allegedly received secret commissions, reduced client fees in return for a car and other personal gifts, and treated female staff inappropriately.

The allegations against Henry were made by a former KPMG senior manager and communicated to the firm in a letter on August 30, 2023.

Philip Henry in 2005 when he was chairman of mid-tier accounting firm PKF. Tamara Voninski 

In the letter, the manager blames Henry for wrongdoing for which she was held responsible, including being pursued by regulators for more than a decade. KPMG eventually paid the senior manager a settlement of over $500,000 for her legal costs.

Henry’s name was revealed when the letter was tabled on Thursday by the parliamentary committee that is looking into wrongdoing at KPMG, in particular whistleblower claims of misuse of client information by the audit division.

KPMG’s former chairman Martin Sheppard and former chief executive Andrew Yates were asked about the $500,000 settlement by the parliamentary committee at a hearing last Friday.


Yates said the firm had been unable to substantiate the allegations in the letter as they were “very historic. The bulk of them dated back about 25 years so it was very, very difficult [to assess].

“My recollection is that the individual was reluctant to provide information to the firm...we did try and investigate but the passage of time had been so long that we were just unable to find the information,” Yates said.

The Australian Financial Review reported the $500,000 settlement and details of the alleged misconduct before Friday’s hearing.

Henry – who was contacted for comment – was head of KPMG’s middle market practice until 2004, when he was appointed NSW chairman of mid-tier accounting firm PKF.

The letter claims that during his time at KPMG, Henry and other partners received secret commissions in cash “for facilitating clients’ participation in a taxation arrangement” and that “[name redacted] was selling tax losses which Philip Henry knew to be non-existent or materially deficient, and also knew that [redacted] had not filed income tax returns for more than 25 years”.

The letter describes Henry offsetting client fees for personal gifts he received, including a new garage door, painting his house and a Maxima sedan.

It also claims “misuse of client trust accounts administered by KPMG for personal tax benefit without client consent”, and “misappropriation of funds from client trust accounts”, including one case of approximately $7000 where it claimed that “Philip Henry arranged for the funds to be used for the purchase of a jet ski from [deleted] for personal use”.

The letter referred to a tape that it claimed contained references to destruction of evidence in the decade-long Australian Tax Office investigation that targeted the senior manager.

The letter claims Henry treated female staff and clients inappropriately, and of “bullying and intimidating [redacted] to act outside the scope of her employment contract regarding significant legal action against KPMG by the Attorney-General [Michael Lavarch], a legal action which could have made the firm insolvent”.

It is not clear what the action referred to here was. The reference appears to refer to LOIS case management software which the then Peat Marwick firm contracted to provide to the Attorney-General’s department in the early 1990s, only to abandon the tender after running up large costs in an effort to address flaws in the software.

The Financial Review is not suggesting the claims in the letter are true, only that they have been made.

In a matter unrelated to the Henry allegations, the letter refers to an anonymous 2021 letter which claimed that “secret commissions amounting to $2.4 million received by [redacted] ($1.2 million each) were the rightful income of KPMG given the nature of the transactions, the firm’s relationship with the counterparties and the obligations of partners at the time”.

The letter sent in 2023 claimed that the anonymous 2021 letter had been “corroborated by a credible witness”.

Find out the inside scoop about Accenture, Deloitte, EY, KPMG, PwC and McKinsey. Sign up to our weekly Professional Life newsletter.

 was a senior writer for The Australian Financial Review

Library of Leaks

 "Disobedience, in the eyes of any one who has read history, is man's original virtue. It is through disobedience that progress has been made, through disobedience and through rebellion."

- Oscar Wilde


Library of Leaks

“The Library of Leaks is a project of Distributed Denial of Secrets (DDoSecrets), a non-profit that specializes in publishing, archiving and analyzing leaked and hacked datasets. The Library of Leaks is the world’s largest public collection of previously secret information. More data is imported here and made searchable every day. 

The searchable Library of Leaks [Search documents, companies and people] is made possible with Aleph, an Open Source software that can store huge datasets and leaks and make them searchable in a collaborative but secure way. Aleph is mostly known for the public instanceoffered by the Organized Crime and Corruption Project (OCCRP), but any organization and research team can have its own exclusive and independent instance of it. 

The Library of Leaks platform is hosted and operated by FlokiNET in partnership with investigative data journalism organization investigativedata.io. Both organizations have a decade of experience in high-security hosting, working with sensitive and leaked material and doing data engineering for investigative journalism and related research-focused projects.”

Whistleblower Brendan Lyon’s court win clears path to challenge big four liability shield

Whistleblower Brendan Lyon’s court win clears path to challenge big four liability shield

Former KPMG whistleblower Brendan Lyon has won a court ruling that could expose Australia’s most powerful audit and consulting firms to hundreds of millions in uncapped damages.

PwC was embroiled in a tax leaks scandal three years ago. Picture: Gaye Gerard
PwC was embroiled in a tax leaks scandal three years ago. Picture: Gaye Gerard
    A landmark costs ruling handed down by the NSW Supreme Court has cleared the way for former KPMG partner Brendan Lyon to press ahead with a legal challenge to scrap the liability protections enjoyed by Australia’s audit and consulting firms.
    The ruling comes after KPMG faced a second grilling in Canberra on Friday over its shocking audit scandal that only came to light when a whistleblower’s allegations were aired under parliamentary privilege. A parliamentary committee heard how KPMG’s partners lied in an internal investigation.
    In the past six years, the big four have been hit by rolling scandals involving misusing government and corporate documents to win work, cheating on tests (including an ethics exam) and using artificial intelligence to produce client briefs. 
    Mr Lyon says this is partly due to a legal structure that protects partners financially and allows them to operate in the shadows.
    The former KPMG whistleblower turned academic won a rare protective costs order before Justice Tim Faulkner that caps Mr Lyon’s adverse costs exposure for the case at $25,000. Chartered Accountants ANZ, which opposed the application, had put its own estimated recoverable costs at between $400,000 and $460,000 – a gap that, absent the order, would have left Mr Lyon exposed to a bill capable of ending his case before it reached trial.

    A trial should be heard this year, and if Mr Lyon wins, clients and shareholders could pursue KPMG, EY, PwC and Deloitte for the true, uncapped cost of bad advice delivered by consulting or tax arms currently sheltered by the scheme. The damages potentially run into the hundreds of millions of dollars.
    Bad advice is not as rare as the public might expect. Mr Lyon argues that’s because the big four are not forced to bear the financial consequences of what they deliver. Their liabilities after insurance drop to $1m per firm in most instances, regardless of the scale of damages. That’s a small amount when spread among 700 or so partners.
    “In these settings it is entirely rational for a big four partner to accept big fees to overstate asset values or provide risky tax advice now, because any liability is capped to an insignificant amount that won’t usually emerge until years later,” said Mr Lyon.
    “Current and recent litigation involving major accounting firms demonstrates that the losses associated with big four advice can run into the hundreds of millions of dollars.”
    Case in point is Lendlease. The company is fighting a $160m amended tax assessment resulting from an alleged “double-dipping” tax scheme by its retirement villages, built on tax advice from Greenwoods & Herbert Smith Freehills, later absorbed into PwC. 
    Not only does Lendlease face a massive tax bill, its shares fell 14 per cent the day it revealed its true liability.
    Without a liability cap, Lendlease would have a considerably stronger basis to pursue PwC directly for the assessment, interest and associated costs. Shareholders could consider a class action.
    Commonwealth Bank ran into similar trouble after Deloitte advised the bank on $100m of research and development tax concession claims tied to its core banking modernisation project. The ATO challenged the claims, forcing CBA to withdraw its Administrative Appeals Tribunal proceedings and settle.
    Separately, EY advised on and modelled transactions intended to generate substantial tax benefits for Gordon Merchant, founder of Billabong. The ATO determined the move to be “asset washing.” Merchant is now suing EY and a former EY tax partner for damages arising from the advice.
    Lyon’s case alleges the Professional Standards Council failed to consider mandatory matters when reapproving the Chartered Accountants ANZ scheme, and that the scheme unlawfully extends liability caps to non-accountants providing “category 3” – non-accounting – services. That distinction matters enormously: Category 3 services account for roughly 80 per cent of big four revenue, according to Mr Lyon’s own case materials.
    Litigation already under way shows how quickly this could play out. Shareholders in Downer EDI are running a class action in the Supreme Court of Victoria through Maurice Blackburn over alleged accounting irregularities and continuous disclosure failures, and have sued KPMG directly as the company’s auditor. KPMG has filed a defence and cross-claimed against Downer EDI.
    Should Mr Lyon’s case succeed, plaintiff firms running that action – and others pursuing big four firms over audit or advisory failures – would gain powerful ammunition to argue liability caps should not apply, or should apply far more narrowly, to non-accountant personnel. Litigation funders are understood to be watching the case closely for precisely this reason.
    Chartered Accountants ANZ says that its professional standards scheme “plays a vital role in protecting consumers by ensuring access to insurance-backed compensation when a professional services engagement results in a court-awarded damages claim for loss”. 
    In a statement, it went on to say the scheme does not limit liability for damages arising from a breach of trust, fraud or dishonesty. 
    “As the proceedings are ongoing it is inappropriate to comment any further,” it wrote.
    With costs protection secured, the case likely heads to a hearing, where the Supreme Court will determine for the first time the outer limits of who can be covered by a approved professional standards scheme.

    Ombudsman warns ATO over bias in tax process

    Bias in tax administration has again come to light, with the Tax Ombudsman giving the ATO quite a rebuke.

    In its just-published report of a review of the system, the Tax Ombudsman has warned that unchecked bias in tax administration can have serious consequences for taxpayers.

    It has found the Australian Taxation Office (ATO) should do more to manage the risk.

    The review was initiated after an investigation into historical allegations of ATO maladministration involving bias and prejudice.

    It examined whether the ATO’s current processes, guidance and training prevented bias or prejudice from influencing its decisions, particularly where they can significantly affect a person’s livelihood.

    A review of the ATO’s management of a complex and long-running case, along with a follow-up review, considered broader systemic risks of bias or prejudice in the ATO’s decision-making and inappropriate disclosures of taxpayer information.

    It examined whether the failings identified in the historic case could occur now and whether the ATO’s current controls were effective in mitigating such risks.

    Tax Ombudsman Ruth Owen said the review found that while the ATO had strengthened its controls to improve decision-making in response to weaknesses identified 10 to 15 years ago, there remains plenty of room for improvement.

    “The ATO has improved how it makes decisions about taxpayers in recent years; however, this review shows there’s more to be done, particularly by explicitly recognising bias as a risk and strengthening controls so they are embedded in the ATO’s everyday processes,” she said.

    “Guarding against bias is not a set-and-forget exercise. It requires ongoing vigilance, regular review, and a willingness to continually challenge assumptions as circumstances, data, and risks evolve.

    “The community expects the ATO to act impartially, lawfully, objectively and without bias or prejudice, regardless of a taxpayer’s past behaviour or history.

    “The ATO’s decisions must always be based on evidence, applied fairly and regularly checked against the risk of bias.”

    READ ALSO 'The next generation can dream bigger': How 13 years of campaigning won secure jobs for ACT hospital staff

    Ms Owen said she was also concerned about the ATO breaking its own rules or processes because it believes it is acting in the public interest.

    She said she had heard concerns from taxpayers and tax professionals that once a taxpayer is labelled as “bad” it is difficult for them to remove that label, and this could ultimately undermine public confidence in the ATO’s impartiality.

    The review found some of the ATO’s processes were not designed to counter bias, meaning staff were not explicitly prompted to consider the risk of bias in their decision-making and to retain an open mind in considering the facts.

    Bias and prejudicial conduct can impact tax administration in many ways, she said. For example, officers may depart from procedures or the law to reach a predetermined outcome because they believe they are acting in a “noble cause”.

    Alternatively, investigators can give too much weight to past compliance behaviours instead of looking at current evidence with fresh eyes.

    “While bias exists in all organisations, the risk is heightened in teams regularly dealing with non-compliance or suspected wrongdoing,” Ms Owen said.

    “Strong bias controls are not about second-guessing ATO officers; they are about protecting people from avoidable harm, supporting good decision-making and maintaining public confidence in the tax system.”

    The review has made two recommendations to the ATO:

    • Assure itself and the community that its controls against bias and prejudice in compliance and enforcement actions and decision-making are working effectively, and
    • Develop and implement a plan to address identified gaps in bias controls, including strengthening explicit bias checks, training, assurance guidance, data and monitoring, and the language used in disclosures.

    READ ALSO Big tech now has to make deals with even more local news outlets

    Given the nature of the topic that was reviewed and the ombudsman’s specific focus on the ATO’s internal controls, it did not seek broad public input for the review. Instead, it undertook targeted consultation with selected tax professionals and associations.

    The ATO has accepted both recommendations.

    “The ATO welcomes this report and its contribution to maintaining community confidence in fair, objective and evidence-based tax administration,” Second Commissioner of Taxation, Jeremy Hirschhorn, said in the ATO’s response.

    “We recognise that public trust in the tax and superannuation systems depends on confidence that ATO decisions are made impartially, consistently and in accordance with the law.

    “We are pleased that the review recognises the significant controls already in place within the ATO to support objective decision-making and manage bias.

    “We welcome the opportunity to build on those foundations and reinforce community confidence in the integrity of our decisions and actions. The ATO agrees with both recommendations in the report.”

    The Tax Ombudsman will monitor the ATO’s progress in responding to her recommendations.

    Original Article published by Chris Johnson on Region Canberra.

    Wednesday, August 19, 2026

    On Cinema: Political Films Part 1 – Maybe?

     Why does every couple of generations have to re-learn you can't give fascists an inch because there's no appeasing those fucking maniacs.


    David GIbbs: How Intelligence Services Captured Academia & Journalism Glenn Diesen


    The Orwellian Company Behind ICE’s New Electric Shock Gloves Mother Jones. “The shock gloves, he went on to explain, allow their wearer to inflict pain without leaving the sort of marks that could look bad to witnesses or leave an officer vulnerable to lawsuits.”


    On Cinema: Political Films Part 1 – Maybe?

    Questioning whether some iconic political films are really all that political.






    Nudge or tax?

     THE OLDER I GET, THE MORE I UNDERSTAND WHY ROOSTERS SCREAM TO START THEIR DAY.


    NSW Supreme Court criticises IHRA definition as ‘detached from reality’ Deep Cut




    US judge drops bribery and fraud case against Indian billionaire Gautam Adani BBC. “Highly unusual.”


    Nudge or tax? At last, some data How significant are behaviourally informed public policies?

    It all seems very long ago, but there was a time when David Cameron was most famous for his enthusiasm for behavioural public policy, better known as “nudges”. In a TED talk released a few months before Cameron became the UK’s prime minister, he began by asking, “How do we make things better without spending more money?”
    It remains a seductive question, and one of the answers he offered was to use more behavioural science: “The best way to get someone to cut their electricity bill is to show them their own spending, to show them what their neighbours are spending, and then show what an energy-conscious neighbour is spending.”
    Nobody should object to a judicious nudge like this, particularly since such approaches are easily tested with randomised experiments. But I’ve long argued that Cameron was just wrong to say that it was “the best way”. A tax on carbon-intensive energy would be better still: it would help shift the energy system to cleaner sources, encourage consumers to conserve energy more assiduously if it was from dirtier fuels, and raise revenue into the bargain. I’ve also argued that while nudges can be quick, easy and effective, serious policy action usually requires a change to regulations or the tax system. We shouldn’t become so enamoured of the icing that we forget to bake the cake.
    But were my protestations based more on instinct than on evidence? Is it really true that a carbon tax has a bigger impact on behaviour than a cleverly formatted energy bill? At last, we have some data to answer such questions.
    A new working paper from the economists John List, Matthias Rodemeier, Sutanuka Roy and Gregory Sun reviews more than 600 studies of different nudge-style interventions and asks the question: how significant are behaviourally informed public policies?
    Start with the reformatted electricity bill. After reviewing such interventions around the world, the researchers conclude that the kind of tweak Cameron was applauding might reduce electricity consumption by something between 4 and 7 per cent. That doesn’t sound like much.
    But who is to say that 4 per cent is a small saving? Small compared with what? One natural comparator is my preferred policy: a tax increase. How much would the electricity price have to increase to persuade people to cut back consumption by 4 per cent?
    “The answer is actually quite a lot,” says Rodemeier. “You would have to raise electricity prices by 11 per cent . . . Try to go to the public and say, ‘We’re going to raise electricity prices by 11 per cent.’”
    Fair. Cameron’s latest successor as UK prime minister, Andy Burnham, made a cut in VAT on electricity bills one of the very first policies he announced. There is not much point in columnists arguing that taxes on energy use are better than mere nudges, if politicians disagree.
    In other areas, the best behavioural approaches are even more effective and the equivalent price rise would be even higher. The details vary. In the case of cigarettes, the most effective nudges have proven to be information about the risks of smoking. For vaccination, the best tactic is simply a timely reminder. The researchers reckoned that cigarette prices would have to increase by 28 per cent to match the impact of the best nudges. Alcohol prices would have to rise even further, by 34 per cent. As for a flu vaccine, the researchers estimate that a 100 per cent subsidy — making the vaccine free — is still not as effective at improving uptake as a reminder to get vaccinated.
    So nudges are not just politically convenient. They induce a change in behaviour that is more substantial than we might assume.
    When estimating the value of such nudges, it is useful to distinguish two yardsticks. The first is the cost-benefit ratio: for every dollar we sow implementing some clever behavioural tweak, how much social benefit would we expect to reap? The second is the total value of a policy intervention.
    As an analogy, I might try to insulate my home by fitting some draught excluders, or by installing double glazing. The draught excluders look good on a cost-benefit basis because I might save 50 times what I spent. Still, if I want a noticeably warmer home with lower bills, draught excluders won’t do the job — it will have to be those costly new windows.
    The same story appears to be true for behavioural public policy. The cost-benefit ratios of such ideas are often large, with tiny expenditures yielding outsized rewards. But the biggest total benefits emerge not from nudges but from more traditional policies such as appropriate taxes, subsidies and regulations. List, Rodemeier, Roy and Sun estimate that the optimal energy tax “generates roughly seven times the total welfare of the optimal nudge, even though the nudge is more cost-effective”.
    So which approach is best? That depends on where the bottleneck is. A government with a limited budget to invest would do best looking for clever nudges here and there. If the binding constraint is political capital, space in the legislative agenda, or the attention of the prime minister, then a better bet is to pick a handful of traditional policy reforms and push them hard.
    A well-functioning bureaucracy should be able to do both, of course. While political leadership is focused on major reforms, a bit of delegation goes a long way in implementing the small stuff. Whether the UK and the US currently have well-functioning bureaucracies is a separate question.
    In any case, the two approaches complement each other. Take vaccination: a government keen to maximise the uptake of a vaccine would do well to reduce the price (zero is a particularly attractive price point, it turns out) but should also send out well-timed and well-phrased reminders. There is nothing mutually exclusive about these options.
    Or energy policy: a government might favour a carbon tax to push every element of the energy system towards lower-carbon options, but some of those elements are likely to prove sticky. Bills that provide well-formatted information and a bit of peer pressure can help shake up consumer behaviour, and reforms elsewhere can help the whole system respond to the tax incentive.
    If the choice is between the icing and the cake, politicians should choose the cake. Nudges are far from trivial in their benefits, but there is no substitute for using taxes to get price signals right. List et al write: “In four of five markets, price instruments deliver substantially larger total surplus than nudges.” 
    All too often, politicians are turning their back on the most beneficial policies because they lack the political courage or the political skill to introduce them. 
    Find out about our latest stories first — follow FT Weekend Magazine on X and FT Weekend on Instagram

    We Finally See Trump Administration’s Sweeping Census Power Grab Emerge

    TPM’s Layla A. Jones and Josh Kovenskypublished a major story yesterday outlining a new, draft Commerce Department rule [Wired first reported the draft rule’s existence] that is circulating within the Trump administration. 

    Our story includes documents that TPM is the first outlet to make public. The rule aims to do two things: exclude undocumented immigrants and other types of non-citizens from the census (in violation of the Constitution), and stop the census from collecting most demographic data on Americans. These changes would have several impacts, the enormity of which is hard to overstate:

    • They would likely change allocations of power in Congress, shifting it toward red states. After the decennial census, the federal government apportions congressional seats to states. A census that doesn’t count many categories of non-citizens would see fewer congressional seats apportioned to blue states, and, as a result, more apportioned to red states.
    • They would likely change the Electoral College, again shifting power toward red states. The Electoral College is based on each state’s congressional allotment. Fewer seats for blue states in Congress would mean blue-state voters have less power to elect the president.
    • They would eliminate a crucial source of data. By not collecting data on race and other demographics, the administration would eliminate information that is critical both for the government, as it distributes congressionally allocated funds to various communities meant to receive those funds, and to researchers trying to better understand America.
    • They would make it harder to challenge maps that are gerrymandered based on race. Data on race is a critical tool for plaintiffs looking to prove that state governments have illegally carved up their congressional districts to dilute the power of minority voters. “You have to prove discrimination, you have to prove the fact that you have been discriminated against,” Walter Schwarm, a California state demographer, told TPM. “But if you don’t have race and ethnic data on the ground, how can you prove that you’re being discriminated against?”…