SEC v. Navistar International Corp., No. LR-23183, Northern District of Illinois (Jan. 29, 2015) — Press Release
raw: Navistar International Corp.
Navistar International Corp., No. 1:14-cv-10163 (Jan. 29, 2015)
Navistar International Corp. is accused of withholding documents from the SEC based on improper privilege claims during an investigation into possible fraud related to EPA certification for its engines.
The U.S. Securities and Exchange Commission (SEC) filed a subpoena enforcement action against Navistar International Corp. for improperly withholding and redacting documents during an investigation into potential fraud related to Clean Air Act compliance certifications for its engines. The SEC contends that numerous redactions were unjustified, obstructing its fact-finding process. No charges or monetary penalties have been mentioned in the filing.
The U.S. Securities and Exchange Commission (SEC) filed a subpoena enforcement action against Navistar International Corp. in federal court for improperly withholding and redacting documents based on claimed attorney-client privilege during an investigation into potential fraud related to Clean Air Act compliance certifications for its engines. The alleged fraud involves statements made by Navistar regarding its efforts to comply with the Clean Air Act. Although Navistar produced many documents, the SEC contends that numerous redactions were unjustified, obstructing its fact-finding process. The SEC has not yet concluded that any laws were violated but seeks a court order compelling Navistar to produce the disputed materials. The enforcement action, initially filed on December 18, 2014, and amended on January 22, 2015, aims to ensure full compliance with administrative subpoenas. No charges or monetary penalties have been mentioned in the filing, and the matter remains in the investigative phase.
Exhibits & Attached Documents (1)
Extracted insights
- agency Securities and Exchange Commission
- organization Securities and Exchange Commission
- Securities and Exchange Commission filed a subpoena enforcement action Navistar International Corporation for withholding documents based on improper privilege claims in response to investigative subpoenas
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 23183 / January 29, 2015 Securities and Exchange Commission v. Navistar International Corp., Civil Action No. 1:14-cv-10163 SEC Files Subpoena Enforcement Action Against Navistar International Corporation for Withholding Documents Based On Improper Privilege Claims in Response to Investigative Subpoenas The Securities and Exchange Commission announced that it has filed a subpoena enforcement action in the U.S. District Court for the Northern District of Illinois against Navistar International Corporation. According to the filing, the Commission is investigating possible fraud relating to statements made by Navistar regarding its efforts to obtain a certificate of conformity from the U.S Environmental Protection Agency, certifying that Navistar's engines complied with certain provisions of the Clean Air Act. Pursuant to investigative subpoenas, Navistar was obligated to produce documents to the Commission. Navistar has produced many documents in response to the Commission's subpoenas, but it also has redacted and withheld other documents on privilege grounds. According to the filing, the Commission's staff has not challenged many of Navistar's privilege assertions, but the staff believes that many of Navistar's other privilege assertions are incorrect, resulting in Navistar's improper redaction and withholding of many documents responsive to the Commission's subpoenas. Therefore, the Commission filed an Application for an Order Compelling Compliance with Administrative Subpoenas. The Commission originally filed the Application on December 18, 2014 and filed an Amended Application on January 22, 2015. Pursuant to its Application, the Commission is seeking an order from the federal district court compelling Navistar to produce the documents that Navistar improperly has redacted and withheld as privileged. The Commission notes that it is continuing to conduct a fact-finding inquiry and has not concluded that anyone has broken the law. SEC Court Filing
U.S. SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 23183 / January 29, 2015 Securities and Exchange Commission v. Navistar International Corp., Civil Action No. 1:14-cv-10163 SEC Files Subpoena Enforcement Action Against Navistar International Corporation for Withholding Documents Based On Improper Privilege Claims in Response to Investigative Subpoenas The Securities and Exchange Commission announced that it has filed a subpoena enforcement action in the U.S. District Court for the Northern District of Illinois against Navistar International Corporation. According to the filing, the Commission is investigating possible fraud relating to statements made by Navistar regarding its efforts to obtain a certificate of conformity from the U.S Environmental Protection Agency, certifying that Navistar's engines complied with certain provisions of the Clean Air Act. Pursuant to investigative subpoenas, Navistar was obligated to produce documents to the Commission. Navistar has produced many documents in response to the Commission's subpoenas, but it also has redacted and withheld other documents on privilege grounds. According to the filing, the Commission's staff has not challenged many of Navistar's privilege assertions, but the staff believes that many of Navistar's other privilege assertions are incorrect, resulting in Navistar's improper redaction and withholding of many documents responsive to the Commission's subpoenas. Therefore, the Commission filed an Application for an Order Compelling Compliance with Administrative Subpoenas. The Commission originally filed the Application on December 18, 2014 and filed an Amended Application on January 22, 2015. Pursuant to its Application, the Commission is seeking an order from the federal district court compelling Navistar to produce the documents that Navistar improperly has redacted and withheld as privileged. The Commission notes that it is continuing to conduct a fact-finding inquiry and has not concluded that anyone has broken the law. SEC Court Filing