Author: Caleb Newquist

Founding editor, Going Concern.

Accounting News Roundup: GOP Senators Not Caving on Tax Cuts; NY Court of Appeals Hears In Pari Delicto Cases; Convicted Ex-PwC Employee Loses Case to Get MBA Back | 09.14.10

~ Good morning capital market servants. It’s Dan Braddock’s favorite day of the week. Just another reminder that we’ll be on a lighter posting schedule today as TPTB continue to interrogate us about our lack of influence. We’ll pop in from time to time today to make sure everyone is playing nice and be back to a full schedule tomorrow.

A Career in Accounting [WSJ]
“[W]hile jobs dried up during the economic crisis, hiring in accounting wasn’t hit as hard, and cutbacks have created a need for more hiring as the econmy Thompson, the U.S. campus recruiting leader at PricewaterhouseCoopers. She’ll be hiring 3,000 people this year, up from 2,600 last year.”

Does Anyone Really Want to Be an Accountant? A Tailgate Survey [Re:Balance]
Jim Peterson articulates two time-honored traditions: college football and accounting. The former’s popularity is never in question but Jim talked to some young tailgaters that might make you doubt the substantive popularity of the latter.

Senate Republicans firm on tax cuts for rich [Reuters]
“Republicans in the U.S. Senate poured cold water on Monday on hopes for a compromise with President Barack Obama that would have allowed Bush-era tax cuts for the wealthiest Americans to expire.

Taxes have become a flashpoint going into a November 2 election in which Republicans are seeking to wrest control of Congress from the president’s fellow Democrats. Obama says the cost of keeping the tax cuts for the rich is too high as the United States emerges from recession with a massive budget deficit.”

AIG Plots End to U.S. Aid [WSJ]
“American International Group Inc. and its government overseers are in talks to speed up an exit plan designed to repay U.S. taxpayers in full while enabling the giant insurer to regain independence, according to people familiar with the matter.

Under the plan, which could commence as early as the first half of 2011, the Treasury Department is likely to convert $49 billion in AIG preferred shares it holds into common shares, a move that could bring the government’s ownership stake in AIG to above 90%, from 79.8% currently, the people familiar said. The common shares would then be gradually sold off to private investors, a move that would reduce U.S. ownership and potentially earn the government a profit if the shares rise in value.”

Auditors Anticipate NY Ruling on Malpractice Exposure [Compliance Week]
“A group of investors in the reinsurance firm American International Group are suing the company’s audit firm, PricewaterhouseCoopers, for failing to detect a long-running bid-rigging and accounting fraud scheme at AIG. PwC won a dismissal of the suit contending AIG shared blame because it was AIG employees who carried out the fraud that PwC failed to identify, a common defense for audit firms against shareholder claims.

The investor group, led by the Teachers Retirement System of Louisiana and the City of New Orleans Employees’ Retirement System, appealed the dismissal and will have their day in the New York Court of Appeals this week. A Delaware appeals court handed the case over to the New York Appeals court, saying ‘a resolution of this appeal depends on significant and unsettled questions of New York law.’ “


Seeking An Equitable Outcome: NY State Court of Appeals Hears In Pari Delicto Cases [RTA]
Francine McKenna’s take on the case above.

Verizon Finance Chief Joh Killian Announces Plan to Retire After 31 Years [Bloomberg]
Get your résumé in now.

So Then I Guess Accounting Is Mostly Influenced By Middle-Aged White Dudes? [JDA]
“I’m on a roll with offending people lately so let’s just take this all the way and pull the diversity card, specifically when it comes to Accounting Today’s recent list of 100 Most Influential in accounting.

OK so some faces were predictable and totally warranted; soon-to-be-former FASB Chairman Bob Herz (we’re talking about influence in the profession, not sexiest), GASB Chairman Robert Attmore, PwC Chairman Dennis Nally, IRS Commissioner Doug Shulman… you get the idea. No, I mean you really get the idea, as the rest of the list is comprised of middle-aged white guys too except for 13 women and 3 1/2 black men (Barack Obama counts as .5 if we’re looking at this in a strictly statistical way). Yeah, we noticed.”

Convicted Accountant Loses Legal Bid for MBA Degree [BusinessWeek]
“A certified public accountant who hid his conviction for insider trading from his teachers at New York University’s graduate business school wasn’t entitled to the MBA degree that he thought he earned, a judge ruled.

In February 2007, three months after completing his course work at NYU’s Stern School of Business, Ayal Rosenthal pleaded guilty to charges that he leaked to his brother secret tips that he learned at his job at PricewaterhouseCoopers LLP. Rosenthal never told the school about the investigation of him or his guilty plea, even while serving as a teaching assistant in a professional responsibility course, according to a court ruling.”

Chipman, Andrews, Goelzer All New to Accounting Today’s 100 Most Influential List

Continuing on with “list season” Accounting Today’s Top 100 Most Influential People in Accounting launched late last week and while there are plenty of new names, it’s still a bit of a snoozer since this particular list isn’t a ranking like say, the Vanity Fair 100. See, the VF100 establishes a pecking order that can be antagonized over for days and weeks and just about when everyone is done giving a shit (or long after), the new edition comes out and people can rage on how last year’s list was so much better.

No, the AT100 is more like People’s 50 Most Beautiful issue. Not in the sense that you want to see these 100 accountants, politicians, professors, etc. etc. in the buff (or do you?) but that the influence (or the beauty) is subject to your own, er, tastes. Anyhoo, enough with the fluffing, let’s get on with it.


Some notables:

Rick Anderson, Chairman and CEO, Moss Adams (new to list in 2010)
C.E. Andrews, President, RSM McGladrey (new to list in 2010)
Bob Bunting, President, IFAC
Paul Caron, Dean of Faculty and Charles Hartsock Professor of Law at the University of Cincinnati College of Law
Stephen Chipman, CEO, Grant Thornton (new to list in 2010) – All the blogging paid off!
Dan Goelzer, Acting Chair, PCAOB (new to list in 2010)
Michelle Golden, Founder, Golden Practices Blog
Tom Hood, CEO and Executive Director, Maryland Association of CPAs
Jack Weisbaum, CEO, BDO (new to list in 2010)

Dropped from last year’s list:
Ben Bernanke
Charlie Rangel
Bernie Madoff

The list has its usual suspects including all the big dogs from all of the Big 4, Tim Geithner (get over it AG), Doug Shulman, Barney Frank, etc. etc. but there were some interesting honorable mentions (so to speak) on page 11 right next to Dennis Nally’s picture. Just so you know.

Accounting Today 100 Most Influential People In Accounting [Digital Version (registration required)]

Accounting News Roundup: Deloitte Looking at Five-Year Hiring Spree; Boehner Finding Common Ground on Tax Cuts?; Public Companies Who Can’t Calc EBITDA | 09.13.10

~ Ed. note: Posting may be a little light over the next couple of days as TPTB have taxied me to some meetings in an undisclosed location. I’ll break free when I can to help you stave off the madness and be back to a full slate on Wednesday.

Deloitte Touche plans hiring spree [FT]
“Deloitte employs 170,000 people worldwide and said on Monday that it expects to add 250,000 new workers during the next five years as it looks to expand its services and geographic reach.

Regionally, Deloitte had the strongest growth in Asia, where revenues were up by 8.5 per cent to $3.6bn. Revenues were up by nearly 4 per cent to $13bn in the Americas, thanks to increased demand in Brazil, but dipped in Europe, the Middle East and Africa.”

Tax Cuts May Prove Better for Politicians Than for Economy [NYT]
“[E]conomic research suggests that tax cuts, though difficult for politicians to resist in election season, have limited ability to bolster the flagging economy because they are essentially a supply-side remedy for a problem caused by lack of demand.

The nonpartisan Congressional Budget Office this year analyzed the short-term effects of 11 policy options and found that extending the tax cuts would be the least effective way to spur the economy and reduce unemployment. The report added that tax cuts for high earners would have the smallest “bang for the buck,” because wealthy Americans were more likely to save their money than spend it.”

Boehner Opens Door in Tax Talks [WSJ]
“Rep. John Boehner (R., Ohio), speaking on CBS’s “Face the Nation,” reiterated that he preferred extending the Bush-era tax cuts for all earners. But he said he would vote for a bill limited to middle-income Americans if all other options failed.

‘I want to do something for all Americans who pay taxes,’ Mr. Boehner said, adding that extending rates for all income brackets would help the economy grow and create jobs. ‘If the only option I have is to vote for some of those tax reductions, I’ll vote for it.’ “

Chamber of Commerce Accused of Tax Fraud [NYT]
“At issue in the complaint against the Chamber of Commerce is whether the group mixed funds for charitable and noncharitable political purposes in violation of tax codes.

The chamber, often using expensive mass-market radio and TV spots, has weighed in on many major public policy debates in recent months, including the Obama administration’s health care policy, business regulations, campaign finance laws and Internet rules, as well as job creation and the threat of tax hikes. On many issues, it has pushed for less government regulation in favor of free-market incentives.

Now the chamber’s political arm is turning to the November elections, and it expects to spend $50 million or more to push pro-business candidates, usually Republicans. As part of a wave of new commercials broadcast this week, the chamber’s California affiliate attacked Senator Barbara Boxer — a Democrat running for re-election against Carly Fiorina, the former chief executive of Hewlett-Packard — and accused Ms. Boxer of ‘destroying jobs’ by voting against business.”

The curious amici curiae brief on behalf of PwC [AccMan]
The AICPA and New York State Society of CPAs filed an amicus brief on behalf of PwC in the case of Teachers’ Retirement System of Louisiana and City of New Orleans Employees’ Retirement System v. the firm et al. which Dennis Howlett calls “an alarm bell.”

“From the get go what we are seeing is a trade body coming to the defense of one of its own, not in the interests of the shareholders the auditors should have been serving but in the interests of one of its own. In doing so it invokes inflammatory language designed to deflect away from the underlying problems. In an act of opening gambit cynicism, the brief seeks to confirm a position that auditors apparently enjoy to the exclusion of all other business: ‘costs of which may be passed on to clients in the form of higher fees.’ Whatever happened to the notion of risk and reward?”

Pay freeze blow for FTSE 350 directors [FT]
“More than half of FTSE 350 companies have not increased their executive directors’ salaries over the past year, meaning a two-year freeze for many executives, according to new research.

Two-thirds did not receive a rise the previous year either, says the report by Deloitte, the business advisory firm. Bonuses, however, have become more volatile, with pay-outs rising slightly in the FTSE 100 but falling in the FTSE 250.”

Five More Public Companies Who Need to Learn How to Properly Calculate EBITDA under SEC Rules [White Collar Fraud]
Sam Antar has had it up to here (somewhere between his cigar and non-existent hairline) with amateur EBITDA calculations:

“It’s pathetic that so many public companies miscalculate EBITDA (earnings before interest, taxes, depreciation, and amortization) and violate Regulation G governing the calculation of non-GAAP measures such as EBITDA. It seems that too many CFOs, Audit Committees, and auditors don’t take the time to thoroughly review compliance with all appropriate SEC financial reporting rules.”

After busting Overstock.com for their bogus EBITDA calculations, Sam names a few names over at WCF.

It’s Unlikely That the Anti-Muslim Crowd Will Be Appeased By a Single Tax Conviction

Just a hunch.

A federal jury on Thursday convicted the co-founder of an Islamic charity chapter who was accused of helping smuggle $150,000 to Muslim fighters in Chechnya.

Pete Seda was convicted of one count of conspiracy to defraud the government and one count of filing a false tax return. His lawyers said they would appeal.


But forget religion for a minute. What burns us up is that this guy Seda is blaming his accountant for the whole mess:

Seda claimed the money was intended as a tithe that his accountant failed to disclose on a tax return for the U.S. chapter of the Al-Haramain Islamic Foundation in Ashland, Ore. The foundation has been declared a terrorist organization by the U.S. government.

On the other hand, isn’t throwing an accountant under the bus something all religions can embrace? We’re searching for the common ground here, people.

Islamic charity co-founder convicted on tax charge [AP]

As Unlikely As It Might Be, We’re Rooting for Ken Starr and Wesley Snipes to Be Cellmates

While Wes continues to fight his conviction (sometimes using unorthodox methods) on tax evasion tooth and nail, Ken Starr is ready to get on with it and pleaded guilty today to charges related to his Ponzi to the Stars.


Government sentencing guidelines have Starr looking at 10 to 12.5 years which is long enough to outlast the appeals that Willie Mays Hayes has out there.

Since we’re not at all familiar with how convicts are assigned their prison quarters, our desire for an awkward reunion between Snipes and Starr that includes debating over who gets the top bunk is merely wishful thinking. If it lightning stirkes, we’ll just chalk it up to the gods smiling down on us all.

Financial Adviser to Stars Pleads Guilty to Fraud [NYT]

Big 4 Land on Vault Consulting Firm Rankings by Practice Area

For those of you that love all-things-lists, Vault unleashed a few more rankings yesterday for the consulting folks, breaking it down to practice area. We’ll dispel with the pleasantries and get right to where the Big 4 (and their spin-offs) crash-landed on various lists.


Economic
9. Deloitte

Energy
4. Accenture
6. Deloitte

Financial
2. Ernst & Young
3. Deloitte
4. PwC
6. KPMG
10. Accenture

Human Resources
5. Deloitte
10. Accenture

Operations
3. Accenture
4. Deloitte
10. KPMG and PwC (tie)

Pharmaceutical and Health Care
6. Deloitte

Business Advisory
5. Deloitte
6. Accenture
7. PwC
8. Ernst & Young

Oh, and because you’re wondering, McKinsey & Co. finished #1 in all but three of the practice areas. Carry on.

Earlier:
Big 4 Have Big Presence on Vault’s Prestige List, Less So in Top 50

Accounting News Roundup: Lehman Investigation Narrows, SEC to Bring Charges Someday; Dubai World’s Debt Deal; Trump Makes Offer to Park51 Investor | 09.10.10

SEC Homes In on Lehman, ‘Funds of Funds’ [WSJ]
“The Securities and Exchange Commission’s investigation into the collapse of Lehman Brothers Holdings Inc. is zeroing in on an accounting maneuver used to give the appearance that the companyt levels, according to people familiar with the situation.

Agency officials also are probing whether former Lehman executives failed to adequately mark down the value of the huge real-estate portfolio acquired in the securities firm’s takeover of apartment developer Archstone-Smith Trust or to disclose the resulting losses to investors, these people said.

The narrowing probe could move the SEC closer to bringing civil charges related to Lehman’s collapse in September 2008, though a decision doesn’t appear imminent.”

Study Says Directors Favor Themselves, Not Shareholders [FINS]
“A new study found that directors who field whistleblowing claims are likely to discount charges that could threaten their board seats and will assign fewer resources into investigating such claims.

In weighing hypothetical charges, 83 veteran directors at large U.S. corporations said they would allocate 42% fewer resources on average to fraud tips that might ultimately cost them their board seats.”

Dubai World reaches $24.9 billion debt deal [Reuters]
“State-owned conglomerate Dubai World DBWLD.UL on Friday reached a formal deal to restructure around $24.9 billion of liabilities, partly easing recently heightened concerns over the Gulf emirate’s debt woes.

While Dubai World’s agreement with most of its creditors is seen as a positive step for Dubai, the announcement comes just days after a unit of Dubai Holding, the conglomerate owned by Dubai’s ruler, said it will delay repayment on a $555 million loan, the second time it has failed to meet a repayment deadline.”

Huguette Clark’s multi-million-dollar fortune remains in hands of her financial managers [NYDN]
“Millionaire recluse Huguette Clark’s $500 million fortune will remain in the hands of financial managers who are under investigation, a Manhattan judge decided Thursday.

Judge Laura Visitacion-Lewis tossed a request by Clark’s relatives to appoint an independent guardian to oversee her finances and property, including Fifth Avenue’s biggest co-op apartment.

The judge called the family’s concerns about Clark’s health and state of mind “speculative” and “insufficient” to merit wresting control from her lawyer, Wallace Bock, and accountant, Irving Kamsler.”

Control Freak Q&A With Caleb Newquist [Control Freak]
Approva’s Control Freak blog asked me what I liked about being “control freaky.” Check out this post for the answer and more bits of wisdom from Adrienne’s favorite blogger.


Trump Offers to Buy Out Islamic Center Investor [WSJ]
“Mr. El-Gamal, founder of SoHo Properties, is one of eight investors who paid $4.8 million for a building two blocks from the site of the Sept. 11 terrorist attacks.

The statement came following reports that real estate mogul Donald Trump was offering to buy one investor’s stake in the property.

In a letter to Hisham Elzanaty, an Egyptian-born Long Island businessman and a major investor in the project, Mr. Trump offered to buy his stake for 25% more than Mr. Elzanaty paid for it.”

Former GE Unit Executive Says He Was Pushed Out for Questioning Accounting [Bloomberg]
“General Electric Capital Services was sued by a former executive who claims he was forced out for questioning the company’s treatment of an asset.

Edward Gormbley, who worked for GE Capital from 2000 until he quit in September 2009, filed his suit today in state court in Stamford, Connecticut. The complaint also names parent General Electric Co. and its chief executive officer, Jeffrey Immelt.

Gormbley said he was punished for challenging the valuation of silicon-maker Momentive Performance Materials, an investment asset. GE Capital overstated Momentive’s value in December 2008 to improve its own balance sheet, he said. Valuing the asset correctly would have reduced ‘GE Capital’s earnings 100 percent,’ in the fourth quarter that year, according to the complaint.”