SECURITIES AND EXCHANGE COMMISSION Washington, D.C. February 27, 1997 LITIGATION RELEASE NO. 15266 / February 27, 1997 ACCOUNTING AND AUDITING ENFORCEMENT RELEASE NO. 890 / February 27, 1997 SECURITIES AND EXCHANGE COMMISSION v. TRITON ENERGY CORPORATION, ET AL., Civil Action No. 1:97CV00401 (D.D.C.) The Securities and Exchange Commission today filed a civil injunctive action in the United States District Court for the District of Columbia against Triton Energy Corporation ("Triton Energy"), Philip W. Keever and Richard L. McAdoo, both former senior officers of Triton Energy's subsidiary Triton Indonesia, Inc. ("Triton Indonesia"). The Commission's complaint alleges that during the years 1989 and 1990, McAdoo and Keever authorized numerous improper payments to Roland Siouffi, Triton Indonesia's business agent acting as an intermediary between Triton Indonesia and Indonesian government agencies, knowing or recklessly disregarding the high probability that Siouffi either had or would pass such payments along to Indonesian government employees for the purpose of influencing their decisions affecting the business of Triton Indonesia. The complaint alleges that these payments were made in violation of the Foreign Corrupt Practices Act. According to the complaint, McAdoo and Keever, together with other Triton Indonesia employees, also concealed these payments by falsely documenting and recording the transactions as routine business expenditures. The complaint states that Triton Energy did not expressly authorize or direct these improper payments and misbookings. The complaint also alleges that Triton Indonesia recorded other false entries in its books and records, including, for example, falsely documenting and recording cash payments totalling $1,000 per month to clerical employees of the Indonesian national oil company made for the purpose of expediting payment of monthly crude oil invoices. During the relevant time period, the complaint alleges, Triton Energy failed to devise and maintain an adequate system of internal accounting controls to detect and prevent improper payments by Triton Indonesia to government officials and to provide reasonable assurance that transactions were recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles. The Commission seeks permanent injunctions and civil monetary penalties from each of the three defendants. ==========================================START OF PAGE 2====== Simultaneous with the filing of the complaint, defendant Triton Energy consented, without admitting or denying the allegations, to the entry of a Final Judgment that permanently enjoins it from violating the books and records and internal controls provisions of the Securities Exchange Act of 1934 ("Exchange Act"), and orders Triton Energy to pay a $300,000 penalty. In accepting the settlement, the Commission has considered the fact that the violations occurred under former management and that certain remedial actions have been implemented by the current board of directors and senior management. In addition, defendant Keever consented, without admitting or denying the allegations, to the entry of a Final Judgment that permanently enjoins him from violating the foreign corrupt practices and books and records provisions of the Exchange Act, and orders Keever to pay a $50,000 penalty. The Commission also instituted related administrative proceedings against former employees David Gore, Robert Puetz, William McClure, and Robert P. Murphy for their conduct in connection with the improper payments and misbookings. The Commission's Order finds that, as a result of the falsely documented payments and other false entries, Triton Indonesia maintained books and records that did not accurately or fairly reflect the underlying disposition of assets. The Order further finds that Murphy, Triton Indonesia's Controller, knowingly participated in creating and recording false entries in Triton Indonesia's books and records. According to the Order, McClure, Triton Indonesia's Commercial Manager, failed to assure that the entries prepared by Murphy accurately reflected the underlying transactions. The Commission's Order also finds that Gore, formerly Triton Energy's president and a director, and Puetz, formerly Triton Energy's senior vice president of finance and chief financial officer, each received information indicating that Triton Indonesia was engaged in conduct that was potentially unlawful, but took no action to initiate an investigation of the serious issues raised by Triton Energy's internal auditor. Without admitting or denying the Commission's findings, McClure and Murphy consented to cease and desist from committing or causing any violation of, and committing or causing any future violation of the books and records provision of the Exchange Act. At the same time, Gore and Puetz consented to cease and desist from committing or causing any violation of, and committing or causing any future violation of the foreign payments provision of the Exchange Act. In addition, Gore, Puetz, McClure and Murphy consented to cease and desist from causing any violation of, and causing any future violation of the recordkeeping provision of the Exchange Act. See In the Matter of David Gore, Robert Puetz, William McClure, and Robert P. Murphy, Administrative Proceeding 3-9262, (February 27, 1997).