Author: Caleb Newquist

Founding editor, Going Concern.

Wesley Snipes’s Prison Sentence Seems Pretty Fair

After suffering in tax and appellate court purgatory for several years, Wesley Snipes is finally reporting to prison today for his conviction of willful failure to file tax returns. There’s a whole slew of stories out there on the subject because a celebrity is going to prison, in case you weren’t aware, is important news.

However, as we told you about last week, some people aren’t convinced that the sentence is fair.

Responding to a post by Tim Cavanagh at Reason, rather than embrace mostly inflammatory nonsense, our friend Joe Kristan writes an objective analysis to get to the bottom of the debate:

Mr. Snipes was convicted of three counts of willfully failing to file tax returns for three years. The federal guidelines for prison sentences on tax crimes are largely based on the “tax loss” determined for the crime. Mr. Snipes’ “tax loss” was determined to be over $40 million, which would by itself indicate a sentence of at least 78 months – 6 1/2 years — under the guidelines. Since the maximum sentence for three counts of failure to file is the three years he got, the sentence is actually smaller than the guidelines would indicate.

Now, you may be saying to yourself, “The sentence is longer because a nasty judge is making an example out of one of the most important American artists in vampire cinema!” Joe checked into that too:

But Mr. Snipes still has a legitimate complaint if he’s the only person getting jailed for criminal failure to file, or he’s getting a much longer sentence than others. Is his sentence exceptional?

I don’t know of any statistical study of tax sentences, so we’ll go to the Google. (prison failure to file -snipes). The first page of results includes:

Anthony Kevin Slicker: $265,477 tax loss, 12 month sentence for failing to file for 1 year.

Steven A. Roebuck, Dentist: unknown tax loss, two-year sentence for failing to file for two years.

Arlan Turley, Dentist: 18 months, unknown tax loss, failure to file for two years.

Contrary to Tim Cavenaugh, then, other people get the maximum sentence 12-month per-year for willful failure to file, even with much lower tax losses.

Will the culture suffer? That’s up for debate. But willful failure to file taxes still happens to be a crime with punishment guidelines. If Wes was really saving all of us from vampires maybe the judge would have a good reason to make an exception. Although, that could make for a decent screenplay (straight to video, natch). Three years should be enough time to nail it down.

The Future of Forensic Accounting is Now

Ed. note: Welcome to the first edition of Going Concern’s Guest Blogger series. We’ll be featuring both seasoned and new bloggers to share their views on various accounting topics. If you’re interested in participating, email us your submission to editor@goingconcern.com. Please include “Guest Blogger Submission” in the subject line.

Imagine being able to take tens of thousands of pages of financial data and get it into a database in a matter of hours. Those mounds of paper are quickly turned into something useful to the forensic accountant, without spending hundreds of hours manually inputting the data. Financial data is suddenly transformed and the forensic accountant can quickly map the flow of funaction patterns, create charts and graphs that show entities and transactions of interest, and create customized reports.

Doing things the old way, such a result is only a fantasy. For decades, forensic accountants have spent their time manually sorting documentation, deciding which transactions are important, and doing data entry.

It sounds painful because it is. It takes a long time, there is a high risk of inaccuracy, and there is a great chance that an important transaction will be overlooked.

So if there is technology out there to change all of this (and yes, there is!), why aren’t forensic accountants using it?


The only real answer is that they’re afraid of changing their business model. Most accounting firms charge their clients hourly fees, so they are invested in a business model that is dependent on forensic accountants taking more time to perform work which results in more revenue.

Technology that nearly eliminates the need for teams to spend hundreds of hours analyzing financial documentation is not a welcome addition to the firm; it just causes them to lose money.

Of course, it’s not really true that such advances really cause forensic accountants to lose money. All that needs to happen is firms have to find different ways to bill their clients, rather than simply adding up the time of staff and multiplying by a big number.

In addition to this paradigm shift related to billing clients, technological advances also fundamentally change the way forensic accountants investigate fraud. That makes lots of them (especially the old timers) uneasy. After all, we’ve always done it this way! How can we rely on technology over our own hands and eyes?

Here’s the thing…. those forensic accountants who resist embracing technological changes are going to be left behind. I currently use a proprietary system to complete large forensic accounting engagements, making it possible for me to single-handedly do more investigative work in a few days than a team of 4 or 5 investigators can do in several weeks or months.

This is not a fantasy; it is my reality. And my clients are getting better results much faster, allowing them to plan their litigation strategy much sooner, and ultimately be more successful in finding fraud, defending regulatory actions, and competing in litigation.

Yet I am currently the only forensic accountant in the private sector using this system, or anything like it. The government has been using a similar system for years, and if a client is being investigated by a federal agency in a financial matter, there’s a good chance the government is using the latest technology to aid in their investigation.

The future is not going to wait just because so many forensic accountants don’t want to change how they investigate fraud or earn their money. Those who are unwilling to change are going to be left behind. Those, like me, who want to be on the cutting edge, will make more money and win more interesting engagements that previously may have been too large or complex for me to handle alone.

Tracy L. Coenen, CPA, CFF is a forensic accountant and fraud investigator with Sequence Inc. in Milwaukee and Chicago. She has conducted hundreds of high-stakes investigations involving financial statement fraud, securities fraud, investment fraud, bankruptcy and receivership, and criminal defense. Tracy is the author of Expert Fraud Investigation: A Step-by-Step Guide and Essentials of Corporate Fraud, and has been qualified as an expert witness in both state and federal courts. She can be reached at tracy@sequenceinc.com or 312.498.3661.

Alan Grayson Attempts to Explain Why He Doesn’t Support the Tax Cut Deal

The only problem is, MSNBC host Lawrence O’Donnell (an unabashed Democrat who supports the deal) IS NOT HAVING IT.

Visit msnbc.com for breaking news, world news, and news about the economy

Some favorite moments:

• “I use that term specifically, ‘caved in.'” – Because that’s what Dems do, baby!


• Circa :54 – any use of the term ‘pernicious’ is welcome in our book; Some bald guy is shaking his head incessantly; Arianna Huffington looks like an amused heiress (which is what she always looks like).

• At 2:27 – Larry officially starts flipping out.

• “You are WRONG, sir.” – Grayson is already fanning the heat with his hands at this point.

• “When you’re out of office in January and watching this from the sidelines.” – Too soon!

• At 3:25 there’s an audible sigh by Grayson that gives us the impression he can’t keep from laughing.

• “BE AN ADULT ABOUT THIS CONGRESSMAN!”

[via BI]

University Officials Not Impressed with Accounting Professor’s Demonstration of “First in, First Out”

Since many of you are current or former accounting students, you undoubtedly, at one time or another during your depraved days running around the quad, had the thought creep into your mind, “What would happen if Professor Johnson decided to drop trou in the middle of class while discussing accounting for bonds?”

Unfortunately for students at Kennesaw State University, they now know the answer to that question:

Raymond Devaughn Taylor, 57, is accused of taking off his clothes during a class he was teaching, according to an arrest warrant obtained by the AJC. […] Taylor, who worked in the business department on a contract basis, taught an accounting class during the fall semester on Tuesdays and Thursdays, according to the class schedule posted on the university’s website.

“He will not be teaching again at KSU,” interim Provost Ken Harmon told the AJC.

Now, why this particular professor thought that pulling a Brett Favre on the entire class was a good idea is not entirely clear, as this particular method of impressing a target of your lust many years your junior has an abysmal track record. But as we alluded in the headline, maybe this was a unique teaching method on display. Or then again, perhaps students were showing their lack of interest and rather than scream and yell, Taylor figured this would hold the student’s attention better. OR simply, in the words of Cosmo, “Maybe uh, it needed some air. You know sometimes they need air, they can’t breathe in there. It’s inhuman.”

The theories are endless, really. Yours are welcome below and for the love of everything good and uproariously hilarious, if you were in this class, email us immediately.

[h/t TaxProf and The Summa – neither of whom would ever do such a thing]

Accounting News Roundup: Deloitte Names New UK Chief; A Temporary Estate Tax Fix; Can a CPA Fix Michigan? | 12.09.10

David Sproul named new chief executive of accountants Deloitte [Telegraph]
David Sproul, who was appointed UK head of tax at the Big Four firm in 2006 and is a member of the executive board, will succeed John Connolly in June next year.

Mr Connolly has been as the firm’s top accountant for more than a decade and his tenure has seen Deloitte rise up the ranks to become second only to PricewaterhouseCoopers in terms of revenue. Mr Connolly is credited with having transformed the group, with profits tripling during his time.

Estate-Tax Passage Is Likely [WSJ]
It’s a Festivus miracle! “The estate tax has emerged as a focus of Democrats’ anguish over the tax deal hashed out between President Barack Obama and Republicans. But the protests appear unlikely to derail the compromise in Congress.

Notably, Democratic support for the estate-tax provision appeared stronger in the Senate, particularly among incumbents facing re-election in 2012, than in the House.”

Modesti, PCAOB Director of Enforcement and Investigations, Calls For More Transparency [RTA]
Francine highlights the, er, highlights of Modesti’s remarks from yesterday.

Majority of Americans Say Fed Should Be Reined In or Abolished, Poll Shows [Bloomberg]
“The Fed had to do extraordinary things to keep us from going into a great depression, and the public doesn’t see it this way,” said Lyle Gramley, a former Fed governor who is now senior adviser at Potomac Research Group in Washington. “The last time we had any really severe criticism of the Fed was in the early-1980s, when the Fed was pursuing this brutally tight policy to keep inflation under control.”

Howard Stern Changes Tune on Sirius CFO: ‘David Frear is OK With Me’ [The Wrap]
After some reactionary measures, the King of All Media actually read the transcript of the remarks and decided that the Sirius CFO isn’t a bad guy.


Gov.-elect Snyder talks up accounting credentials [CT]
If a CPA can fix Michigan, look out. Presidency next! “Wayne State University’s School of Business Administration and Department of Accounting will host the Ann Arbor executive, entrepreneur and first certified-public accountant to be elected governor of Michigan.

Snyder’s talk Thursday afternoon is expected to focus on how his accounting skills will be important as he works to improve the state’s struggling economy. He’s also scheduled to recount his journey from the private sector to the precipice of the state Capitol.”

ParenteBeard Merges with Local Philly Firm [AT]
ParenteBeard picks up Huntingdon Valley-based Pressman Ciocca Smith in a deal that was effective December 1.

Comp Watch ’10: KPMG Town Hall Results in More Questions Than Answers

After hearing that KPMG was following suit with a mid-year compensation surprise, we’ve now been tipped that any hope you had of seeing a little extra moolah has been crushed:

Last night was KPMG’s New York Office (NYO) townhall meeting. During this meeting, close to 2,000 NYO employees of the firm gathered in a hotel in Time Square to listen to a series of presentations from the CEO, COO and Office Managing Partner (OMP). During this four hour presentation, they covered an array of topics, including: compensation and benefits, technology, etc.

Depsite hearing that the firm will be allowing staff (associates and senior associates) have KPMG email access on their iPhone, Android or BlackBerry phones, no further details were provided about what they will be paying for, if anything.

They also announced that they were keeping up with the average regarding compensation, but made it a point to mention that with every average, someone must be below the average, hinting that we were that someone. After finding out that there will be no mid-year bonsues or raises, some left the meeting rather disappointed… at least there was free booze and food (like any other normal KPMG event).

But wait! This sounded a little weird to us since our sources on the original story were solid, so we checked in with another source who told us the message was simply non-committal, “They didn’t really confirm/deny what was going to happen with the mid-year stuff.”

So all this “Yes? No? Maybe so,” probably isn’t so helpful but that’s where things appear to stand.

Back to our original tipster, who is now hearing talk of next fall’s associates receiving a boost in their starting salaries:

Later that evening, however, many of the recent hires (new associates in 2010) were beginning to hear that the 2011 new hires (for next year) were already receiveing salary adjustments (upwards into the $60,000’s), in addition to their already higher starting salaries and sign-on bonuses.

So my question is: Does KPMG plan on compensating the new associates (that started in 2010) that did not receive a sign-on bonus this year, or perhaps have any plans to bring their salary closer towards the industry average?

Starting salaries have been consistently rising over the years and with increased competition among the firms for the best recruits, you can expect that to continue. Whether that results in adjustments for KPMG’s latest class of new associates remains to be seen, since a mid-year surprise is still uncertain. We should say, however, expecting more money after being on the job for 2-3 months is a little presumptuous. We understand the frustration but, seriously? You can barely open Excel at this point.

As you hear more regarding the mid-year compensation (or lack thereof) email us with the scoop.

Update on Censured Ernst & Young Manager

Just a brief follow-up on the manager who received the disciplinary action handed down by the PCAOB on Monday.

We attempted to reach Jacqueline Higgins late yesterday at her office number in Boston, however we discovered that when we were transferred to her extension we simply bounced back to reception, who needless to say, was very confused about that phenomenon. After attempting to page Ms. Higgins, only then did the receptionist learn and then relay to us that Ms. Higgins was no longer with the firm.

We checked with Ernst & Young spokesman Charlie Perkins on this development and he confirmed that Ms. Higgins “will be leaving the firm at the end of the year.”

And lest there still be any confusion due to the carefully worded E&Y statement, the partner and senior manager in question have been dismissed from the firm.

We’ll keep you updated if we hear more from inside at the firm or if further action is taken by the PCAOB.

Accounting News Roundup: Deloitte’s Indepedence Dance; BDO Revenues Driven By Growth in China; Wesley Snipes on Larry King | 12.09.10

Obama Woos Wary Party on Tax Deal [WSJ]
President Barack Obama’s tax-cut compromise with Republicans was greeted with anger from fellow Democrats in Congress Tuesday, but many seemed resigned to accepting it as the best deal they could get and a step toward reviving the weakened economy.

Democrats criticized the broad tax package for cutting taxes on high earners and setting tax rates too low on large inheritances, as well as for its effect on the country’s budget deficit. But Democrats also said they didn’t yet see a revolt spreading so far that it would derail the agreement in the Senate. Prospects for passage are more uncertain in the House, where many liberal members are balking at planned changes to the estate tax.

Did Deloitte Compromise Independence in McClellan Insider Trading Scandal? [Forbes]
Francine untangles the web.

Greenberg: Does Green Mountain News Pass Sniff Test? [CNBC]
CNBC’s Herb Greenberg is curious about Vermont-based Green Mountain Coffee Roasters’ earnings call that is slated for Thursday after the markets close.

BDO’s global fee income jumps 5% [Accountancy Age]
Global accounting network BDO has reported a growth in fee income of 4.92% across its member firms after a strong performance in the Asia Pacific region. For the year ended 30 September 2010, BDO’s fee income was €3.89bn (£3.27bn). Asia Pacific was the fastest growing region, which saw its revenues rise 32%. This success was attributed to the expansion of its operations in China, which saw growth of 65% to €149m over the last year.


Obama-GOP Tax Deal: Winners and Losers [TaxVox]
Biggest loser: fiscal responsibility!

Wesley Snipes Talks Taxes on Larry King [TaxProf Blog]

New Orleans Hornets’ Audited Financial Statements Leaked

While the House of Klynveld is enjoying their town hall circa now, we’ll share you the latest scoop from Deadspin, who has published the audited (courtesy of KPMG) financial statements of the NBA’s New Orleans Hornets.

We’ve skimmed the financials, noting some interesting items here:

• In 2009, the franchise paid $115,000 for their audit, an additional $10,000 for “accounting issues” and $35,000 for tax compliance services.

• The team has a partners’ deficit of over $80 million thanks, in part to $111.5 million in long-term debt at June 30, 2009.

• The team did have operating income of over $5.8 million for the fiscal year ended June 30, 2009, however, paying nearly $9 million in interest (among other things) swung them to a much narrower net income of $1.8 million.

• Net cash from operating activities were a negative $7.4 million for the FYE June 30, 2008 but improved to a negative $1.5 million for FYE June 30, 2009. The team’s cash balance at June 30, 2009 was a mere $650k.

• George Shinn, the team’s owner, owes the franchise approximately $5 million from “various advances” but has also loaned the team over $8.3 million.

• The franchise has various investment associated with the NBA that have negative equity including: NBA Joint Venture; WNBA Holdings, LLC; NBDL Holdings, LLC

• The team has principal payments of approximately $115 million coming due through 2014.

• Guaranteed contracts to players through the 2013-2014 season amount to $247.5 million.

• “Revenue assistance” from the NBA (team is eligible if it has both an actual loss and a pro forma loss) for the FYE June 30, 2009 was $3.4 million.

Whew! So as you can see, the franchise isn’t in the best of shape. Our analysis is just a scratch on the surface so if you’ve got some time, crunch some numbers and share your findings with the group below.

Earlier:
Who Leaked the MLB Financial Statements?

PCAOB Chair: We’re Kicking Around Some Ideas for a New and Improved Audit Model

Part of perpetually-acting PCAOB chairman Dan Goelzer’s speech at the AICPA’s Conference on SEC and PCAOB Developments had to do with the future and it kinda, sorta sounds like the Board might start asking for more than just the auditor’s opinion of yore. He spoke this afternoon at the conference, saying, “it is clear that there is considerable investor hunger for more insight from the auditor into the audit process and the company’s financial reporting. Further, the 2008 report of the Treasury Advisory Committee on the Auditing Profession recommended that the Board reconsider the audit report.”


What kind of ideas? Glad you asked!

The Board will have to make some difficult choices next year if it decides to change the time-honored pass/fail report. There is no shortage of ideas. During a discussion of the reporting model at our Standing Advisory Group meeting last April, some suggested that the auditor should provide more information about the audit itself and how it was performed. Others want the auditor’s views on the management judgments embodied in the financial statements regarding such things as estimates and the selection of accounting policies. Auditors have proposed that their reports should be clearer about limitations on the ability to detect fraud. Some users have suggested expanding the auditor’s current opinion to include new material; others have suggested that the pass/fail report should be accompanied by a separate auditor’s report akin to the MD&A.

Do investors really want to know how the audit sausage is made? Some auditors have trouble pulling things together so we see little up side there.

If you’ve got your own suggestions on making audits even better, feel free to share them at this time.

Goelzer_AICPA National Conference 2010

Sirius CFO’s Subtle Suggestion That Howard Stern May Have to Take a Paycut Doesn’t Go Over So Well

Receiving news that you might be expected to earn less money would upset the most mild-mannered of Americans.

But if you’re the King of All Media and you hear through the grapevine that your company’s Chief Financial Officer says this: “At the time of the [Sirius and XM Radio ] merger we were in many long-term contracts. As they come up for renewal, we’ll have the opportunity to get more favorable economic terms there.”

You might react with the following:

“I am not taking a f—ing paycut,” Stern said. “Why would I have to take a paycut? … Who is this guy to say this in public?”

“I know what I have done in this company,” he said. “I am more important than Oprah, in this company anyway. Oprah’s out getting the Kennedy Center honor and I’ve got the CFO announcing to Wall Street that I have to take a paycut.”

“Nevermind getting respect from the industry,” Stern continued, “I want respect from the company.”

Which you might follow up with this:

“I am calling my agent today that want more f—ing money. I don’t want it perceived that I took a paycut,” Stern railed, disclosing that Frear got a raise in 2008, putting his annual salary at $3.3 million. “Where’s your paycut, David?”

To be fair – if you tell someone who makes 3% of what you’re pulling in to take a paycut, it may be time to get some perspective.

Howard Stern May Have to Take a Paycut [ABC News]
Howard Stern Slams Sirius CFO: ‘I’m Not Taking a F—ing Paycut’ [The Wrap]

Just So You’re Aware: There Is a Zombie Accountant Video Game

And it has been described as “epic.”


Giving promotions to the white shirt and red tie wearing undead who can’t help but devour their co-workers for their own good? Sounds like a pretty realistic game.

Get to wasting some billable hours on the demo or full version by going to the Zombie Accountant page on Xbox’s website. And if you’re one of the few people that has a Windows phone, you can play it on the go.

You’re welcome.