• Subscribe
  • Log In
  • Sign up for email updates
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

The Texas Lawbook

Free Speech, Due Process and Trial by Jury

  • Appellate
  • Bankruptcy
  • Commercial Litigation
  • Corp. Deal Tracker/M&A
  • GCs/Corp. Legal Depts.
  • Firm Management
  • White-Collar/Regulatory
  • Pro Bono/Public Service/D&I

KBR Pays $2.5M Penalty Settling 2013 Financial Overstatement

July 2, 2018 Mark Curriden

The U.S. Securities and Exchange Commission announced Monday that Houston-based KBR employed insufficient financial controls and procedures that resulted in the global engineering and construction company overstating in publicly-filed documents a projected $459 million in scheduled revenues in 2013.

In official records made public Monday, the SEC reports that KBR overstated a key financial performance metric called “backlog” that allows companies to inform investors about guaranteed work contracts. The backlog reports are used by investors and analysts to help gauge future financial performance.

Shamoil Shipchandler

Lawyers in the SEC’s Fort Worth Regional Office say KBR has agreed to pay $2.5 million in fines for their conduct and agreed to never do it again.

“Non-financial statement metrics such as backlog can provide additional insight to investors regarding a company’s performance,” said SEC Regional Director Shamoil Shipchandler in Fort Worth. “To the extent that companies disclose these kinds of metrics, companies must ensure they are accurate and not misleading.”

In a 10-page document filed with an administrative law judge for the SEC, the agency states that KBR listed $459 million in its publicly disclosed backlog for one of seven contracts it entered into to complete pipe fabrication and modular assembly contracts in Canada.

The SEC argues that KBR had not obtained a guarantee from the other company that it would contract with KBR to do the work, which violated KBR’s internal reporting policies and misled investors by overstating its work in backlog.

KBR continued to overstate its backlog for almost two years, until the company issued a restatement in 2014, the SEC claims.

“Restated earnings, which resulted in charges of $156 million, primarily arose
from failures in KBR’s Canada business to make accurate and reliable estimates
of the costs to complete seven pipe fabrication and modular assembly contracts in Canada,” the SEC states. “KBR Canada experienced rapid growth in 2012 and 2013, and it did not have sufficient resources or sufficiently trained project managers, project controls personnel, and accounting and executive management professionals to perform cost estimates and project oversight reviews.”

Vinson & Elkins partners John Wander in Dallas and Jeff Johnston in Houston represent KBR in the matter.

“We are pleased that this legacy issue has reached final resolution,” the company said in a press release late Monday afternoon. “KBR takes seriously the accuracy and integrity of our financial statements and we operate under the strongest of financial controls to ensure the veracity of our financial reporting.”

The SEC’s investigation was conducted by Keefe Bernstein, Julia Huseman, and Carol Stumbaugh of the Fort Worth Regional Office. The case was supervised by Barbara Gunn and Eric Werner. The SEC said that the Alberta Securities Commission played a key role in the investigation.

Mark Curriden

Mark Curriden is a lawyer/journalist and founder of The Texas Lawbook. In addition, he is a contributing legal correspondent for The Dallas Morning News.

View Mark’s articles

Email Mark

©2025 The Texas Lawbook.

Content of The Texas Lawbook is controlled and protected by specific licensing agreements with our subscribers and under federal copyright laws. Any distribution of this content without the consent of The Texas Lawbook is prohibited.

If you see any inaccuracy in any article in The Texas Lawbook, please contact us. Our goal is content that is 100% true and accurate. Thank you.

Primary Sidebar

Recent Stories

  • Trump Budget Proposal Would Eliminate Legal Services for Tens of Thousands of Veterans, Low-Income Texans
  • Skadden Hires Two M&A Partners from White & Case
  • V&E Adds Three Partners: Two from Kirkland, One from Baker Botts
  • CDT Roundup: No Fuel for Thought as M&A Skips Oil & Gas for Tech and Food
  • SCOTX Sides With Southwest Pilots Union in Boeing Suit

Footer

Who We Are

  • About Us
  • Our Team
  • Contact Us
  • Submit a News Tip

Stay Connected

  • Sign up for email updates
  • Article Submission Guidelines
  • Premium Subscriber Editorial Calendar

Our Partners

  • The Dallas Morning News
The Texas Lawbook logo

1409 Botham Jean Blvd.
Unit 811
Dallas, TX 75215

214.232.6783

© Copyright 2025 The Texas Lawbook
The content on this website is protected under federal Copyright laws. Any use without the consent of The Texas Lawbook is prohibited.