We’d All Appreciate It if Grant Thornton Got Involved in a New Lawsuit

Posted on by Caleb Newquist

bondi_enrico01g.jpgGrant Thornton just isn’t able to shake Parmalat, the freaky-ass extended-life milk company. Parmalat appealed the latest dismissal of its lawsuit against GT and Bank of America that accuses the two companies of helping set up phony transactions so “insiders could steal from the company.”
Parmalat’s Chief Milk-Magician, Enrico Bondi, is obviously not satisfied with the $100 million that he twisted away from BofA and will continue to hassling both companies until long past the expiration date on his product.
Parmalat appeals BofA, auditor lawsuit dismissals [Reuters]

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Overstock.com to Restate Financial Statements; Reassures Profitability for 2009

Well, then. This all very awkward for Pat Byrne and Co.

In an 8-K filed late yesterday Overstock.com announced that it would be restating the consolidated financial statements contained in its 2008 annual report, and the those contained in the Company’s last three 10-Q’s: period ended March 31, 2009; June 30, 2009; and September 30, 2009 (unreviewed!).

It goes without saying that those financial statements can no longer be relied upon.


The restatement is a result of errors that Overstock fired Grant Thornton for last year that led to a bit of a cat fight between the firm — who is not mentioned in the filing — and humble servant Patrick Byrne.

The Big O also admitted that it “incorrectly amortized the expense related to restricted stock units based on the actual three year vesting schedule rather than a three year straight line amortization and applied an outdated forfeiture rate in calculating its expense under the plans.” While they were at it, they threw a bunch of other corrections that were “[not] material either individually or in the aggregate,” as the saying goes.

The Company is still mulling over the numbers with both PwC and KPMG so there’s a chance that they could change but as of now, $1.9 million of income is going back to 2008 from 2009 and an increase in expense of $350k in 2008 and $900k in 2009.

But wait! The filing reminds us that “Patrick Byrne, the Company’s Chief Executive Officer, had stated to The New York Observer, ‘that the company is about to report its first annual profit.’ The Company continues to believe that it will report positive net income for fiscal 2009.” Whew! See shareholders? More commitment from your servant.

Sam Antar has been following this story from the very beginning and he is not shy about being vindicated:

Today’s news is a complete vindication of my analysis of Overstock.com’s financial reports and shows that the company willfully engaged in a financial reporting manipulation scheme. The company is restating its financial reports to correct GAAP violations, exactly as I have recommended in this blog. To date, every single initial financial report issued by Overstock.com throughout the company’s entire existence has violated GAAP or some other SEC disclosure rule. The company now has the dubious distinction of having to restate its financial reports three times in the last three years to fix GAAP violations.

We shot Sam an email last night and he simply told us, “I am going out for a glass of fine wine.”

So while this appears to wrap up the SEC’s Division of Corporation Finance investigation, one little problem that still remains is that the SEC’s Enforcement Division has not wrapped up its probe of the company. Yeah; so there’s that. Considering the the track record of the SEC, we’d typically give a company a 50/50 shot of coming out of a probe by the Enforcement Division unscathed but in the case of Overstock, we’ll be going with Schape’s crew.

A Muslim Working in Arkansas. You Know Where This Is Going

A former Deloitte Consulting employee has filed suit against the firm and Wal Mart claiming that, “his civil rights were violated when he was fired for exercising his religious right to pray and clean himself beforehand in a ritual known as [Wudu]”
After the jump, Hairballs (yes) has the story.

According to the lawsuit, Deloitte assigned Memon to a consulting project at Wal-Mart’s corporate office in Bentonville, Arkansas in November 2007. Memon claims he would wash up in the restroom before going to pray in an area designated by Wal-Mart, such as the parking lot or in a hallway. The whole process took about five minutes or so.
…the lawsuit states, Wal-Mart employees began to get upset with Memon for using the bathroom to sprinkle water on himself and Memon was told not to perform the “Wazu.”…Memon’s boss at Deloitte suggested that Memon pray at the hotel. However, this was not practical because it meant driving more than half an hour for each prayer instead of just taking a short five-minute break.
It didn’t take long until Memon was then taken off the Wal-Mart project. He claims that a Deloitte project manager told him that other colleagues would also be removed from the job, but in the end he was the only one.
According to the lawsuit, the project manager told Memon that, “Americans do not deal with Islamic practices and clients particularly in the South do not understand these religious practices.” The manager also allegedly said that Memon “is putting himself at risk” by practicing his religion. Deloitte then fired Memon, citing “poor performance,” the lawsuit states.

Having never been to Arkansas, we can’t really give any first hand account on the populace’s tolerance for, well, anything but we do know a few people that went to school in Arkansas and they are very nice, tolerant people.
Since Hairballs wasn’t interested in Deloitte’s statement, we went ahead and got it:

“The allegations in this case are false and we intend to defend ourselves vigorously. Deloitte is deeply committed to all aspects of workplace diversity and inclusion, including expression of religious beliefs, and is proud to be regularly recognized as a leader in this area.”

Based on the Green Dot’s statement, we’re assuming Mr. Memon was let go for performance reasons, which as you all know, are subject to change at any time.
Wal-Mart And An Accounting Firm Fire A Muslim For Praying, Suit Says [Hairballs]