Atcon's 'extravagance' while asking for taxpayer help surprised auditor general - Action News
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New Brunswick

Atcon's 'extravagance' while asking for taxpayer help surprised auditor general

Auditor General Kim MacPherson says her office looked at 27 companies, 850 storage boxes and a million emails during its most recent review of the Atcon fiasco, and she was struck by the "extravagance" of the company before it went bankrupt.

Kim MacPherson says she wasn't prepared for all the personal expenses audit turned up at Miramichi company

New Brunswick Auditor General Kim MacPherson presented her Atcon findings to the public accounts and Crown corporations committee in Fredericton this week. (Maria Burgos/CBC)

Auditor General Kim MacPherson says her office looked at 27 companies, 850 storage boxes and a million emailsduring its most recent review of theAtconfiasco, and the findings left herstruck by the "extravagance" of thecompany before it went bankrupt.

And then there was the corporate jet that, over three years, cost $8 million.- Kim MacPherson, auditor general

The Miramichi-based company was badly managed when the Liberal government of Shawn Graham made$63.4 million in loans guarantees, despite concerns raised by government officials, MacPhersonsaid Wednesday.

While the money lost by New Brunswick taxpayers hadlargelybeenused for business purposes, she said,"there were a number of concerns with some of the stuff that we saw," she told Information Morning Fredericton.

Amongthose concerns was the personal spending that went on throughout a three-year period when the construction company was looking for government assistance, she said.

More than $700,000 in personal expenses went through company credit cards and a shareholder account under former company president Robbie Tozer, she said.

"There were some family members who were on the payroll, who had noapparentinvolvement with the operations at Atcon," MacPherson said.

Atcon was poorly managed at the time the New Brunswick government made loan guarantees to the company, MacPherson says.

"And then there was the corporate jet that, over three years, cost $8 million."

MacPhersonreleased the findings Tuesday of her second audit of theAtcongroup of companies, whichwent bankrupt in 2010.

The audit covered what was happening within the construction company in the period leading up to its bankruptcy.

"For a company that was in such financial strain and struggling, and the fact they were coming to the government for assistance, it was just an extravagance," she said. "All of that we didn't expect to see."

Other personal expenses included a luxury car lease, jewelry and and payments fora vacation property in Aruba.

Although somefamily members were makingbetween $300,000 to $350,000 a year over the three years,MacPhersonsaid she made a "judgment call" to not identify individuals over concerns that children may be involved.

"Our practice is not to name names," she said. "It's to fix the system overall."

MacPhersonsaid the Attorney General's Office is pursuing the recovery of lost funds with Tozer.

A breakdown of where loan guarantees to Atcon went. (CBC)

She and her audit staff had access to financial records, information held by the receivers and emails, but there was some information they did not have access to, she said.

But she stands by her findings based on the information available, she said.

The biggest issue was the government's decision to give up security on the loans to Atcon in October 2009. Victor Boudreau, the Business New Brunswick minister at the time, signed off on the move.

Liberal MLA Victor Boudreau, when he was Business New Brunswick minister in the Shawn Graham government, signed off on what the auditor general identified as a key contributor to taxpayer losses on Atcon. (CBC)

"That was the major flaw and failure that we found in the whole scenario," MacPherson said. "In the chain of events that took place, the key decision that cabinet made [was] when they gave up security.

"That was in there to protect the taxpayer so that if Atconwere to fail, any recovery from the sale of assets would come back to the province."

The main beneficiary after Atconwent bankrupt, she said in her report, was Scotiabank.

MacPherson said it's possible problems similar to the Atconcase could unfold again, andshe wants to see the government implement 19 recommendations she made in 2015.

"As long as elected officials, cabinet, has the authority to make the final decision, it is possible it could happen again," she said.

With files from Information Morning Fredericton and Jacques Poitras