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Updated: March 16th, 2010 03:46 PM EDT

Former United Rentals President and CFO Sentenced to 27 Months in Prison for Falsifying Company Books


Federal Bureau of Investigation

John N. Milne, 50, of Westport, CT, has been sentenced to 27 months imprisonment, followed by three years of supervised rlease, for conspiring to falsify the books and records of United Rentals Inc. while he served as its chief financial officer, according to a release by the Federal Bureau of Investigation.

Senior U.S. District Judge Ellen Bree Burns in New Haven, CT also ordered Milne to perform 200 hours of community service. Milne pleaded guilty to the offense on October 13, 2009.

According to court documents and statements made in court from December 2002 through his termination in August 2005, Milne served as the president and chief financial officer of United Rentals Inc. and its wholly owned subsidiary, United Rentals (North America) Inc. (URI). In 2003, Milne led a conspiracy to falsify URI's books and records to hide the true nature of certain payments made to settle obligations incurred as a result of minor sale leaseback (MSLB) transactions entered into by URI. Specifically, on approximately December 31, 2002, Milne executed a contract on behalf of URI with Terex Corp. relating to URI's obligations under a remarketing agreement that URI had with Terex. In the contract, URI agreed to make a payment to Terex to cover losses incurred by Terex in connection with one of the MSLBs. In January 2003, URI wired a payment of $8,777,172 to Terex. In March 2003, URI paid Terex $4,030,328 to reconcile amounts owed to Terex on an MSLB with another manufacturer that Terex had acquired. The check requisition for this second payment falsely noted that the payment was for the purchase of equipment.

"We hope that this investigation and prosecution, and the prison term imposed, will deter corporate executives from falsifying company financial information," stated U.S. Attorney Nora R. Dannehy.

In order to resolve a separate civil action brought by the United States Securities and Exchange Commission, Milne has agreed to disgorge $6.25 million.

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