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Navistar Defense LLC

SEC Investigation of 2007 Financial Restatement

Date: 10/19/2009 (Date of Settlement Announcement)

Misconduct Type: Securities

Enforcement Agency: SEC

Contracting Party: None

Court Type: Civil

Amount: $362,500

Disposition: Settlement

Synopsis: In October 2009, Navistar International announced it had reached a tentative settlement with the U.S. Securities and Exchange Commission (SEC) over its investigation into the company’s 2007 restatement of its financial results for 2002 through the first three quarters of 2005. Under the settlement, Navistar did not admit or deny any wrongdoing, and company chairman and CEO Daniel Ustian agreed to return part of his 2004 bonus. In August 2010, the SEC issued a cease-and-desist order against Navistar, Ustian, former CFO Robert C. Lannert and several former senior accounting staff, who agreed to pay a total of $362,500 in civil penalties. Navistar itself was not assessed any fines or penalties.