Author: Caleb Newquist

Founding editor, Going Concern.

Your Ernst & Young Entrepreneurs Of The Year Include the Dude From Groupon, Patrick Byrne

We really don’t pay much attention to the E&Y Entrepreneur thingamajigs because, well, it’s boring. Sure, we like entrepreneurs just fine but c’mon. These guys are filthy rich and successful and E&Y gives them trophies? Is this sort of commercial circle jerk really necessary? Regardless of our personal feelings, the awards are a big deal – Jay Leno hosted this year’s event for crissakes – and the Google News feed for E&Y is constantly clogged with stories about people advancing to the next round of voting like some sort of capitalist March Madness.

Anyway, Casa de Turley officially announced this year’s winners over the weekend and Reid Hoffman and Jeff Weiner, founders of Facebook for Suits LinkedIn, are your entrepreneuriest entrepreneurs.


In addition to the dynamic duo there are quite a few guys you’ve never heard of that are doing well for themselves including Roger Linquist and Jose R. Mas. See? Never heard of them, have you?

There are also some winners that you have heard of including Andrew Mason, one of the co-founders of virtual clipfest and increasingly looking insolvent Groupon. As well as Patrick Byrne, the founder of Overstock.com. You know, the guy on the Segway. The guy who Sam Antar can’t help to poke and prod every chance he gets. The guy whose company is being sued by seven California counties thanks to a Walmart sticker. The guy who may have had some weirdo trolling a bunch of bloggers’ Facebook friends. Yes, that Patrick Byrne.

But HEY! not every entrepreneur can be squeaky clean. It’s not like he’s Pete Rose or anything. Unless you count this.

[via E&Y]

Accountant’s Neighbors Disgusted with His Overgrown Bush

It would probably surprise no one that landscaping is hobby that many accountants are fond of. Or maybe it would. Whatever. The meticulousness of making sense of numbers seems to jive well with a finely manicured lawn, trees and bushes that adorn one’s property. Plus, the green thumb matches the eyeshade.

Anyway, putting all that time and energy into natural aesthetics could cause anyone to get a little possessive. If anyone so much as lays a finger on a single tree branch without permission, things could get ugly. To wit:

An accountant who allegedly left a former policeman bleeding and concussed in a brawl over hedge trimming before launching an expensive law suit has defended his response insisting: “It wasn’t just trimmed it was butchered”.

Now if that sounds like a bit of an overreaction, the accountant in question – Anthony Branson – claims that this incident was part of ‘extreme intimidation’ by his neighbors, the Marreros. Intimidation that was ultimately brought to a head:

The next day Mr Marrero, who had been away, sent family to attempt to finish off clipping the hedge, something Mr Branson said further antagonised the situation. He also claims he discovered the gates of the adjoining paddock, where he and his wife Corrinne keep around a dozen alpacas, left open, apparently deliberately.

Trimming a man’s bush without permission could be understandable. But dragging innocent, sometimes overly hairy, camelids into the situation? That just seems uncalled for.

Hedge brawl accountant: ‘It wasn’t just trimmed it was butchered’ [Telegraph]

Accounting News Roundup: The Tax Reform Can Is Getting Kicked; Mount of Troubles at Olympus; Doubled-up Expenses Led to Layoffs | 11.14.11

Deficit Deal Might Delay Tax Overhaul [WSJ]
“There could be a two-step process that would hopefully give us pro-growth tax reform,” Rep. Jeb Hensarling (R., Texas) said on CNN’s “State of the Union.” Mr. Hensarling is a co-chairman of the deficit-cutting supercommittee that faces a Nov. 23 deadline for reaching agreement on a plan to cut at least $1.2 trillion from projected future deficits. The approach could ease the path to an agreement, by allowing Congress to reach the outlines of an agreement on tax revenues and spending cuts this year, while postponing the difficult details of a tax overhaul until nexthe issue back to the congressional tax-writing committees. On Sunday, at a press conference in Honolulu where he was hosting the Asia Pacific Economic Cooperation summit, President Barack Obama called on Republican lawmakers to soften their resistance to revenue increases as they work on a deal bring the deficit under control, saying he hoped lawmakers will “bite the bullet and do what needs to be done.”

The Folly of the Flat Tax [WSJ]
Figuring out your taxable income can be quite an effort. But once that is done, most taxpayers just look up their tax bill on an IRS-provided table. Those with incomes above $100,000 must perform a simple calculation that involves multiplying two numbers together and adding a third. A flat tax with an exemption would require precisely the same sort of calculation. The net reduction in complexity? Zero.

Olympus Sale Helped Hide Balance Sheet Hole [Bloomberg]
Olympus Corp. (7733)’s 2009 sale of its profitable diagnostics unit may have undermined efforts to expand into health care as the company sought cash to shore up a balance sheet that was hiding decades of losses. Olympus’s then-President Tsuyoshi Kikukawa said the Japanese camera maker was unable to compete in the industry, even as he bought face cream, plastic cookware and recycling companies. A day after Beckman Coulter Inc. (BEC) purchased the Olympus unit, Chief Executive Officer Scott Garrett told analysts the division’s “long and enviable track record of above-market growth” would give an immediate boost to earnings. Barclays Capital upgraded Beckman on the deal.

Rogue Traders, Rogue Firms: The CME, PwC, MF Global and the Legacy of Refco [Re:The Auditors]
FM: “The auditor has complete access, at any time, including to financial systems and reports. They are responsible for issuing an independent opinion on internal controls over financial reporting and for issuing additional reports to the regulators – which they are dependent on- regarding controls over segregated assets per the Commodity Exchange Act. So… When you think about frequency, access, independence, and the fact they get paid well for their services by the shareholders the auditor is in line as the first-responder.”

Romney Tax-Cutting Path to Budget Balance Clouded by Few Savings [Bloomberg]
“Romney may be our only hope, so let’s hope he takes a remedial math course before January 2013,” says former Reagan administration budget director David Stockman. “You can’t get to 20 percent of GDP on spending without taking a fire ax to the Pentagon budget and sharply reducing Social Security payments to the more affluent current retirees.”


Error led to Workforce Central Florida layoffs, controller contends [OS]
Oops: “Three years ago, a former financial controller at Workforce Central Florida says he made a startling discovery. For several months, he said, the agency mistakenly posted expenses twice, making it appear as if Workforce had less money than it really did. By mid-2008, those phantom costs were pushing agency executives to lay off more than 20 workers, he said. The controller said he reported his findings to Workforce’s chief financial officer and chief operating officer, hoping to avert cutbacks. But he said the chief operating officer told him Workforce board members had already been notified about the layoffs, and she was not willing to tell them there had been a mistake.”

KPMG files to shift MF Canadian accounts to RBC [Reuters]
MF Global fired all 1,066 of its brokerage employees on Friday, triggering anger and resentment about the firm’s collapse after bad bets on European debt under former CEO Jon Corzine’s leadership. KPMG said on Saturday it filed the motion with the Ontario Superior Court of Justice, seeking authority to transfer certain MF Global Canada Co customer accounts to RBC Dominion Securities Inc.

Here’s a Bunch of Cute Kids Explaining Why They Want to Be Tax Accountants

PROGRAMMING NOTE: I’ll be on vacation next week in an undisclosed location but you’ll be in the very capable hands and permanently ink-stained arms of Adrienne. I don’t think I have to explain to you what will happen if you don’t behave.


Because I know you’ll miss me with every fiber of your being (and it’s Friday), I’ve presented the following video for your enjoyment.

[via TaxProf]

Memo to CPAs: Those Needy Clients Are Sick of You Not Giving Them Enough Attention

Do you have needy clients? You know the type – they want to talk to you when every little thing goes wrong. They call to chit-chat for no reason in particular. They need your opinion on EV-ER-Y-THING. How are you responding to these people? Are you not returning their calls? Are you showing up late to your meetings with them? Do you just listen passively on the phone while repeating, “Uh, huh. Yes. I understand,” as you struggle with level 6-13 on Angry Birds? THOUGHT SO.

Well, they’re on to you. They sense your lack of interest. Your lack of giving a rat’s ass. And you know what? They are FED UP. There are plenty of CPAs out there that would love a client like them and MAYBE they’ll just go out and find one:

“Business is out there, but you have to market yourself differently,” [Allan Koltin, chief executive of Koltin Consulting Group] said, noting that one out of seven accounting firm clients are not happy with their accounting firm and are open to switching firms.

He urged attendees to spend time learning the personal goals of their clients. Among the factors affecting a client’s decision to leave an accounting firm, fees were ninth on the list, he indicated. “The number one factor was that the firm didn’t spend enough time with the client.”

“They don’t care how much you know until they know how much you care,” he said.

Got the message? They aren’t going to put up with your shit forever.

Business Resurging for Accounting Firms [AT]

PwC Didn’t Do CME Group Any Favors

The CFTC’s action against PwC probably came as a result of a shocking CME Group announcement late Wednesday: “It now appears that the firm [MF Global] made … transfers of customer segregated funds in a manner that may have been designed to avoid detection.” These transfers, CME Group said, appeared to have taken place after its audit team showed up last week at MF Global to take a look and found everything to be in order. CME Group couldn’t have been hoodwinked like that if PwC had been doing its job all along. You can’t circumvent controls unless there are none or there are holes. It was PwC’s job to review controls and the adequacy of policies and procedures to support them. [Francine McKenna/AB, Earlier]

So Olympus Didn’t Tell Investors That They Fired KPMG After a Dispute Over an Accounting Matter, So What?

Once in awhile, management and their auditors don’t see eye to eye on things. If semi-well adjusted adults are involved, usually cooler heads prevail and differences are sorted out. On the other hand, if there are egomaniacs or individuals of Irish descent involved, then things can sometimes go badly. Not badly in the physical sense, mind you. Badly in the sense that auditors usually get fired. When that happens it usually raises eyebrows of investors and people start asking all sorts of questions. Luckily, footnote disclosures usually detail the dispute and everyone moves on. That’s precisely what didn’t happen at Olympus:

In May 2009, Tsuyoshi Kikukawa, the then president of the camera-maker and medical equipment firm, announced that the contract for its then auditor, KPMG, had ended and that another global accounting firm, Ernst & Young, would take over. Kikukawa made no mention of any row with KPMG, although Japanese disclosure rules require companies to notify investors of “any matters concerning the opinions” of an outgoing auditor. In a confidential internal document, Kikukawa wrote to executives in the United States and Europe, revealing that there had been a disagreement with KPMG which he did not plan to disclose to the stock market. “The release to be published today says that the reason of this termination is due simply to expiry of accounting auditors’ terms of office,” Kikukawa said in the letter dated May 25, 2009, which was written in English.

You may have recently heard that Olympus is in a bit of situation. They up and fired their new CEO after he was on the job for two weeks because he was asking a few too many questions. You see, Michael Woodford was of the opinion that the $687 million advisory fee the company was paying for to a firm assisting them with a purchase the company in the UK was a tad steep and wouldn’t keep [yapping motion with hands]. Mr. Kikukawa – who has a reputation as an ‘emperor‘ – didn’t care for that, so he and the Board of Directors told Woodford that his services were no longer needed, chalking it up to Woodford being a little too British.

Fast-forward to today’s news – The accounting issue in question – goodwill impairment – was related to the company, Gyrus Group Plc., Olympus purchased back in 2009. And who do you suppose gave Reuters the memo outlining the whole we’re-firing-KPMG-because-they-disagree-with-us-and-we’re-not-telling-anyone-about-it thing?

The confidential letter was given to Reuters by former Olympus CEO Michael Woodford who was ousted after just two weeks in the job on October 14 for what he says was his persistent questioning over the Gyrus advisory fee and other odd-looking acquisitions. Woodford says the letter was addressed to him in his role as head of Olympus Europe at the time and to Mark Gumz, then head of Olympus Corp America.

Apparently this is no big whoop as long as it’s not material and “the numbers add up” says an accounting professor who has ties to Olympus. Oh! In that case, I guess everyone should just move along.

Exclusive: Olympus removed auditor after accounting [Reuters]

Accounting News Roundup: Corzine Is Out; Freddie Mac Comes Back (for More Money); IRS Commish Wants Real Time Tax System | 11.04.11

MF Global CEO Jon Corzine resigns under fire [Reuters]
Jon Corzine has resigned as MF Global Holdings Ltd’s chairman and chief executive officer four days after the futures brokerage filed for bankruptcy protection, culminating a rapid downfall for one of Wall Street’s best-known executives. Corzine said his decision was voluntary and was best for the company and its stakeholders. “I feel great sadness for what has transpired at MF Global and the impact it has had on the firm’s clients, employees and many others,” Corzine said. “I intend to continue to assist the company and its board in their efforts to respond to regulatory inquited to the disposition of the firm’s assets.”

MF Global Masked Debt Risks [WSJ]
The activity, referred to in the financial industry as “window dressing,” suggests that the troubled financial firm was shouldering more risk and using more borrowed funds to facilitate its trading than investors could easily detect from the firm’s regulatory filings. This comes as it emerged that MF Global, which filed for bankruptcy protection amid questions about its bookkeeping and whether it had properly segregated customer funds, lobbied against a Commodity Futures Trading Commission proposal that would have placed tighter restrictions on how futures-trading firms can invest cash sitting in customer trading accounts.

Corzine Is Said to Hire Criminal Lawyer [DealBook]
Jon S. Corzine has hired Andrew J. Levander, a leading white-collar criminal defense lawyer, according to three people briefed on the matter, as the former New Jersey governor deals with fallout from the collapse of MF Global, the brokerage firm he has run since last year.

Report Shows a Mere 80,000 Jobs Added in U.S. in October [NYT]
Employers added 80,000 jobs on net, slightly less than what economists had expected. That compares to 158,000 jobs in September, a month when the figure was helped by the return of 45,000 Verizon workers who had been on strike. While job growth is certainly better than job losses, a gain of 80,000 jobs is hardly worth celebrating. That was just about enough to keep up with population growth, so it did not significantly reduce the backlog of 14 million unemployed workers.

Freddie Mac seeks further $6bn from taxpayers [FT]
What’s another $6 billion between friends? “Freddie Mac, the US-controlled mortgage financier, has requested an additional $6bn from US taxpayers, following a $4.4bn third-quarter loss, the company’s worst three-month performance in more than a year.”


IRS Commissioner Doug Shulman Wants a Real-Time Tax System [AT]
And I would like Padma Lakshmi to make me breakfast everyday. Can we both get what we want?

Boehner on supercommittee: Tax increases are out, revenues could be in [The Hill]
“I think there’s room for revenues, but there clearly is a limit to the revenues that may be available,” Boehner told reporters Thursday during a roundtable discussion. He added, however, that he was only open to new revenues if Democrats agreed to significant changes to mandatory spending programs like Medicare, Medicaid and Social Security. “Without real reform on the entitlement side, I don’t know how you put any revenue on the table,” he said.

Speaker of the House John Boehner Isn’t Sure Why You Would Bring Up ‘Random Person’ Grover Norquist

And this after GGN said such nice things about the Speaker.

Thursday, when NBC News’ Luke Russert asked Boehner if Norquist makes a positive impact on the party, Boehner thought it over for five seconds, The Washington Post’s Felicia Sonmez reports, before responding, “Our focus here is on jobs. We’re doing everything I can to get our economy going, to get people back to work. It’s not often I’m asked about some random person.”

I’m not sure how a person could bounce back from such an outright snub but it appears the Godfather of Tax Policy is taking it in stride and standing by his man.

[via AtlanticWire]

Bloomberg: PwC to Receive CFTC Subpoena UPDATE – Yeah, They Got It Yesterday

Don’t an expect an apology from PwC, like some firms.


PwC declined to comment.

UPDATE: Can you believe that they didn’t bother to call us? BBW reports:

The Commodity Futures Trading Commission sent the subpoena seeking information about $633 million missing from customer accounts, said the person, who spoke on condition of anonymity because the matter isn’t public. The subpoena was received yesterday, the person said.

[@BloombergTV, Earlier]

KPMG Is Sorry for Not Sorting Through This Giant Charlie Foxtrot (aka MF Global) a Little Faster

Initially the House of Klynveld wasn’t worried about any MF Global clients getting their money back. Then yesterday we learned that plenty of people were pretty cranky, including one trader who thought the firm’s efforts so far were hilarious. Now, after a number of cranky phone calls and thousands of sternly-worded emails, KPMG is apologi[z]ing for all the “disruption” since they’ve been appointed as the administrator of MF Global:

“We are working with the companies’ staff to transfer client positions wherever possible. Where exchanges and counterparties have defaulted the company under their own rules, we have worked closely with them to try to optimise the outcome,” said Richard Fleming, UK head of restructuring at KPMG. “We understand the frustration among clients and market participants at the disruption that is currently being experienced and are sorry for the inconvenience this is causing. In relation to client assets and monies held by the company we are actively working to reconcile holdings and accounts in order to enable assets to be released as soon as possible.”

So, c’mon guys; I know it’s been over 72 hours but please bear with them.

KPMG apologises over MF Global disruption [FT]