Comp Watch ’11: PwC Rolling Out ‘Exciting Changes’ to Compensation Structure

This just in:

Hey Caleb,

I’m surprised no PwC’er has posted this yet. Earlier this week, Bob Mortiz hinted into “exciting changes” as to compensation structure and transparency, with details to be provided this upcoming Monday on a webcast. It might be worth posting this on your website to get some reactions from fellow PwC’ers about what this means, or to facilitate blind speculation, which is always fun.

If this communiqué from BoMo is, in fact, a few days old, we are a little disappointed it took so long to reach our inbox. Regardless, we’re grateful for the tip now and let’s get on to the important matter of speculating about what ‘exciting changes’ entails, shall we? The possibilities are endless but we’ll try to kick things off:

A. Option to receive entire compensation package (including health benefits) in Omaha Steaks.

B. Spot bonuses given to employees with abnormally high utilization who manage to not die.

C. Elevator speeches will have bearing on employees’ merit increases.

D. Outstanding individual efforts will be rewarded with the choice between a serenade from Steve Beguhn or a special appearance by the DC-area piano player for your next fiesta.

E. Various competitive poaching payouts: KPMG Partner: $10,000; All other KPMG employees: $5; Ernst & Young Banking Partners: A punch in the face; Deloitte partner: $20,000; Deloitte partner with a full head of hair: $100,000 (hey, they’re hard to come by).

F. Your ideas.

Accounting News Roundup: Is the Satyam Mess Over?; IRS All Over Kabbalah Centre; PCAOB’s Doty Speaks at Baruch | 05.06.11

Is the Chinese Listing Bubble Going Bust? [CFO Journal]
Suddenly the boom in Chinese listings on U.S. exchanges is looking shaky, and two primary reasons were reinforced in separate developments today. On Wall Street, Renren, dubbed the Chinese Facebook, tanked after its shares debuted at a stratospheric multiple on Wednesday, calling into question the appetite for future Chinese IPOs. Meanwhile, at a New York City financial conference, SEC officials were nearly elbowing each other out of the way to express their concerns about reverse mergers that are allowing Chinese firms to back door their way into U.S. markets.

U.S. Economy Adds 244,000 at 9.0% [NYT]
The United States economy added 244,000 jobs in April after a gain of a revised 221,000 jobs in March, the Department of Labor said on Friday, as the unemployment rate rose to 9 percent in April from 8.8 percent in March.

The Grand Illusion: PwC Settles Satyam U.S. Class Action Claims [Forbes]
Oh boy, “The SEC and the PCAOB would not confirm that their enforcement actions regarding the Satyam audit were finished.”

BDO USA Settles Bankest Suit With Former Client Banco Espirito Santo [Bloomberg]
BDO’s statement emailed to Bloomberg: “BDO USA LLP has entered into confidential settlement agreements with Banco Espirito Santo and Barry Mukamal, the bankruptcy trustee of E.S. Bankest LC, pursuant to which the lawsuits against BDO have been resolved,” sounds a lot like what we published yesterday.

The Kabbalah Centre in Los Angeles is the focus of an IRS investigation into tax evasion [LAT]
Sources familiar with the investigation said the criminal division of the IRS is looking into whether nonprofit funds were used for the personal enrichment of the Berg family, which has controlled the Kabbalah Centre for more than four decades, a period in which it expanded from one school of a little-known strain of Judaism to a global brand with A-list followers like Ashton Kutcher and Gwyneth Paltrow and assets that may top $260 million.

New PCAOB Chairman Pushes for Audit Overhaul [AT]
“I do not believe that the global audit firm networks themselves pose a systemic risk to our economy,” said Doty. “Initiatives to shrink the global audit firms would likely weaken their ability to audit large, multinational companies that may be systemically important.” He said governments should instead focus on regulation. “To protect investors, governments should regulate such firms, not cripple them,” said Doty. “There’s no reason to think that if there were more major firms, they would be more likely to stand up to their clients.”

U.S. auditor watchdog hopeful of access to China [Reuters]
U.S. audit watchdogs are hopeful of ending a stalemate that has blocked inspections of auditors in China, the head of the audit oversight agency said on Thursday. With more Chinese companies raising capital in the U.S. markets, “I believe Chinese authorities understand they have a real interest in solving our impasse,” James Doty, chairman of the Public Company Accounting Oversight Board said.

What’s Do We Make of BDO’s ‘Secret Settlement’ in the E.S. Bankest Dispute?

BDO is trying to put the E.S. Bankest/Banco Espirito mess behind it by submitting a “confidential agreement” to settle its litigation with the bankruptcy estate of E.S. Bankest, according to the South Florida Business Journal.

It sounds as though this could be put to rest as the bankruptcy trustee Barry Mukamal is quoted as saying, “I’m satisfied that this settlement is in the best interests of the estate,” although the creditors have to give the stamp approval as well. What’s not immediately clear from the article is to what extent Banco Espirito is involved in this settlement, the only mention being “”Lisbon-based Banco Espírito Santo and the estate of E.S. Bankest sued BDO Seidman regarding more than $140 million lost to a financial scheme run by former officers of E.S. Bankest.” I shot an email over to Steven Thomas who has represented Banco Espirito to sort this out and his spokesperson replied with the following statement, “BDO USA, LLP has entered into confidential settlement agreements with Banco Espirito Santo and Barry Mukamal, the bankruptcy trustee of E.S. Bankest, L.C., pursuant to which the lawsuits against BDO have been resolved.”

So when I asked if the re-trial was still on, I was simply referred back to the statement which kindasorta makes it sound as though this whole thing is over. But it still isn’t clear to me. Can anyone make sense of this? In the meantime, if I get to the bottom of this riddle, I’ll post an update.

BDO Seidman files secret settlement in malpractice case [SFBJ]

If You’ve Got a Better Solution to Rhode Island’s Budget Crisis, Governor Lincoln Chafee Is All Ears

Over at Tax.com, David Brunori calls Rhode Island Governor Lincoln Chafee’s latest state sales tax proposal “awful.” You see, Governor Chafee wants to levy a tax on goods and services sold by Ocean State businesses. Examples of previous tax-exempt services include “data processing, landscaping, taxi fares, garbage collection, auto repairs and tickets to theaters and sporting events,” while it would also tax goods such as “agricultural products, boats, clothing, manufacturing machinery.”

Brunori writes that this idea is horrendous because it not only, “violates every notion of sound sales tax policy,” but because the Rhode Island rubes won’t even realize that the tax is ultimately being passed on to them:

In general, businesses should not pay sales tax on their purchases. When they do, the tax is passed on to consumers in the form of higher prices. The tax is often included in the final purchase price and taxed again. The funny thing is that citizens do not know they are being secretly taxed. Everyone knows this.

So wait…do the citizens know they are being taxed or does “everyone” simply mean tax policy wonks? Putting our confusion aside for a second, Governor Chafee has defied the haters like Brunori and Rhode Island businesses, standing by his proposal. But if you’ve got a better idea, he’s more than happy to hear your out:

Chafee said it’s up to his critics to suggest a better option. “Crisis calls for leadership,” Chafee, an independent, said at an impromptu press conference called after the rally. “If you don’t like my proposal, what’s the alternative? No politician likes to raise taxes. … We’re waiting for a better idea.”

Terrible Tax Idea of the Week [Tax.com]
Chafee firm as business groups protest tax plan [Tto10]

Underpants Gnome Accounting of the Day: NuVasive Inc.

Today in accounting-sleight-of-hand news, medical device maker NuVasive Inc. announced that its first quarter profits doubled thanks largely to an accounting policy change:

The company said its profit more than doubled to $2.4 million, or 6 cents per share, from $1.1 million, or 3 cents per share. Excluding one-time items like non-cash stock-based compensation expenses, amortization costs, and intellectual property litigation charges, NuVasive said it earned 24 cents per share. The accounting change added 2 cents per share to both measures of profit. Revenue increased 14 percent, to $124.5 million from $109.1 million.

What exactly was this accounting rule switcheroo? A change in the way it “accounts for the value of loaned instruments” that will be paying off in spades for the rest of this year and into the future!

NuVasive said it changed the way it accounts for the value of loaned instrument sets that went into service before Jan. 1. The change is expected to add 8 cents per share to its annual profit. It also said lower tax rates will add 4 cents per share to its annual profit, and greater-than-expected revenue will contribute a penny per share.

The company said it now expects an adjusted profit of $1.20 to $1.23 per share in 2011, with $530 million to $540 million in revenue. Previously NuVasive called for a profit of $1.07 to $1.10 per share and $525 million to $535 million in revenue.

Accounting change lifts NuVasive 1Q profit [AP]
Earlier:
Underpants Gnome Accounting of the Day: CapitaLand Ltd.

Accounting News Roundup: States Play Hardball Using Tax Policy; No Audit Committee Chair? No Problem!; Rangel Aide Pleads Guilty | 05.05.11

Raise Taxes, but Not Tax Rates [NYT]
Reducing the budget deficit and stopping the explosion of our national debt will require more tax revenue as well as reduced government spending. But the need for more revenue needn’t mean higher tax rates.

States Use Tax Breaks in War for Jobs [BBW]
New Jersey is granting Panasonic (PC) a $102.4 million tax credit to move its North American headquarters—nine miles. The incentives, announced on Apr. 20, will help defray the cost of leasing a new high-rise office tower to be built in Newark to replace Panasonic’s digs in Japanese electronics maker has outgrown. The company concedes that its decision to stay in New Jersey, where it employs 800 workers, was swayed by the tax break. Peter Fannon, vice-president of technology policy at Panasonic North America, says the company fielded “quite competitive” offers from Atlanta, San Diego, Los Angeles, and Brooklyn, N.Y., among others. Says Fannon: “We would not be in New Jersey without [this program].”

Accounting Troubles Can’t Stop Renren IPO [CFO Journal]
Shares of Chinese social network Renren soared nearly 50% in their U.S. stock market debut on Wednesday, as eager investors appeared willing to overlook the last-minute resignation of its audit committee chair and disclosures about material weaknesses over accounting.

Montgomery County Council passes 5-cent bag tax [WaPo]
The Montgomery County Council approved a 5-cent bag tax Tuesday that will go into effect Jan. 1, a move environmentalists hope will revive a stalled effort to pass a similar tax statewide. Montgomery politicians were inspired in part by the District’s bag tax, but they took the idea further by including nearly all retail establishments, not just those that sell food.

Another Guilty Plea In Connecticut Ponzi Case Tied To Venezuela [Dow Jones]
A Venezuelan accountant pleaded guilty in Connecticut federal court Wednesday to one count of conspiracy to obstruct the Securities and Exchange Commission in its investigation into a Ponzi scheme uncovered earlier this year. In that case, Connecticut investment adviser Francisco Illarramendi admitted on March 7 to running a Ponzi scheme involving hundreds of millions of dollars over several years and trying to impede a federal investigation into his activities by fabricating evidence.

PricewaterhouseCoopers hired for Charlotte tourism audit [CBJ]
Hiring the auditor marks the latest development in a controversy over $100,000 in bonuses paid to CRVA staff member Ereka Brim for her work on the Central Intercollegiate Athletic Association basketball tournament. The issue was reported first by the Charlotte Observer, raising questions about whether visitors authority executives should have approved the bonuses, which were indirectly paid by the CIAA.

Former Aide to Rangel Pleads Guilty in Tax Case [City Room/NYT]
James Capel, who had been a top adviser to Representative Charles B. Rangel for more than a decade, pleaded guilty on Tuesday to failing to file tax returns, months after Mr. Rangel was censured on the House floor over his own tax problems. Mr. Capel, 67, who rose from a community representative in Mr. Rangel’s office to become his chief of staff, admitted in Manhattan Criminal Court that he did not file tax returns from 2003 through 2009. His failure to file resulted in about $25,000 in unpaid taxes.

Dumb: Overstock.com Paid $7 Million for the Oakland Coliseum Naming Rights

While still involved in a lawsuit (the one that came about because of a Walmart sticker) with seven California counties, including Alameda where Oakland resides.


From the Chronicle’s Zennie62:

Did the Oakland Raiders say anything? What about anyone with the City of Oakland or the County of Alameda. Did they even know that the County was involved against Overstock.com in this way?

Moreover, how could the San Francisco Bay Area print media, normally derisive of bloggers like myself, miss this legal issue?

So, to close, we have two problems with the Overstock.com, Oakland-Alameda County Coliseum Stadium Naming Rights Deal: it’s way under valued at $7 million, and the firm that’s on the other side of the deal is being sued by the same County of Alameda it’s giving money to, and for allegedly fraudulent business practices.

Overstock Buys Oakland Coliseum Naming Rights While In California Lawsuit [SFC]

Would You Show Your Loyalty to KPMG with a Tramp Stamp?

Or the new PwC logo on the back of your neck? How about Deloitte green dots incorporated into some barbed wire? Sure most people are looking for new jobs but for those of you looking to show some loyalty to your firm, you should know that some company ink may go a long way:

Employees of Anytime Fitness, a workout chain based in Hastings, Minn., can get the company’s purple running man logo permanently inked on their bodies by a tattoo artist who shows up at monthly training sessions. More than 350 employees have gotten permanent tattoos including CEO Chuck Runyon.

Runyon says the tattoo represents a significant commitment to the brand. Employees receive standard benefits like retirement plans and health insurance, but they also have flexible hours and an office culture that includes contests and giveaways among staff, a combination of perks that Runyon believes encourages employee loyalty.

“We spend a third of our lives at work,” he says. “If you don’t love what you do, that’s a miserable existence.”

How Far Would You Go for Your Company? [FINS]

PCAOB Permanently Bans Utah Accounting Firm, Ex-Managing Partner From Auditing Public Companies

The PCAOB has just made a serious example out of Bountiful (yes, it’s a town), Utah-based Chisholm, Bierwolf, Nilson & Morrill by banning the firm permanently from auditing public companies after “numerous violations of professional standards, including failure to detect fraud.” The Board also barred former managing partner Todd Chisholm for life and partner Troy Nilson for five years.

Curious about what kind of shoddy work the firm performed to get such a slap? Us too. Luckily the Salt Lake Trib has an example:

One of the companies that the firm audited was Powder River Petroleum International Inc., an Oklahoma corporation with offices in Alberta, Canada.

Until it was placed into receivership in 2008, Powder River’s public filings reported that it acquired, developed and resold interests in oil and gas properties. The company resold interest in oil and gas leases to investors in Asia, but reported those investments as income despite also promising investors a return of 9 percent until their principal was recouped, the board said.

That resulted in the company, traded over-the-counter, overstating its revenue by up to 2,417 percent, its pretax income up to 441 percent and assets up to 48 percent.

I called the PCOAB to see if this was the most severe ban every given to a firm and a CPA but couldn’t get an immediate answer. The five year ban also seems pretty severe. Doesn’t seem like too much of a stretch since the Board has only issued 36 disciplinary actions since 2005. I’ll update the post when I get some definitive answers. UPDATE: We’ve been informed that “it’s among the most severe” penalties issued.

It’s also worth noting that two of the firm’s clients – Hendrx Corp. and Jade Art Group – had substantial Chinese operations which wouldn’t be an issue if it wasn’t for this, “Chisholm, who does not speak or understand Chinese, relied on Firm assistants with Chinese language skills to identify audit issues, communicate with management and third-parties, and analyze documents provided by the issuer.”

Maybe those “assistants” were audit wizards, maybe they weren’t but either way, Mr Chisholm might be looking to change careers.

Chisholm

SEC Officially Falls Victim to PwC’s Competitive Poaching Strategy

~ Tell Kayla I’m sorry for butchering her last name for over two hours. It’s fixed now.

PwC has announced the appointment of Kayla Gillan, formerly SEC Chair Mary Schapiro’s Deputy Chief of Staff, as the firm’s head of the newly created Regulatory Relations Group. This confirms a report by Bloomberg from last week.

Ms Gillan is no lightweight as she is a founding member of the PCAOB, served as general counsel for CalPERS and Chief Administrative Officer for Risk Metrics. The ecstatic Bob Moritz: “[PwC is] extremely fortunate to gain the experience, insights and future contributions of such a highly accomplished professional, one whose career has been dedicated to serving investors and other market participants,” BoMo said, adding, “Kayla Gillan is an example of making the investment to drive this transformation.”

It’s been a busy spring for PwC landing and announcing new appointments of partners and principals starting back in February and continuing through the spring.

[via PwC]

Are the Brits Getting Serious About a Big 4 Antitrust Probe?

Now that everyone (well, not everyone) has fully recovered from Royal Wedding 2011, it’s time to get to the bottom of this.

A U.K. House of Lords committee investigating the financial crisis said in a March report that the firms, which audit 99 of the 100 largest U.K. companies, should be probed by the London- based Office of Fair Trading to determine whether their market dominance wrongfully limits choice. The probe could be the most high-profile for the agency since it investigated banks’ equity underwriting practices — an inquiry that closed without any action being taken.

The OFT would help determine whether loan terms unfairly favor Deloitte LLP, Ernst & Young LLP, PricewaterhouseCoopers LLP and KPMG LLP, said Robert Bell, an antitrust lawyer in London with Speechly Bircham. The agency, which has kept the industry under review since 2002, will make a decision on the probe later this month, said spokeswoman Kasia Reardon.

‘Big Four’ Audit Firms May Face U.K. Antitrust Investigation This Month [Bloomberg]