Author: Caleb Newquist

Founding editor, Going Concern.

Is Ernst & Young Quadruple-Checking Your Expense Reports?

A curious mind out of Casa de Turley:

EY just moved to a “new” (basically the same, but it does look more flashy) expense reimbursement system in the US. Along with that move though, my expense pay back times have increased from usually about a 2-3 day turn around for approval to a 5-7 day approval. While it’s not unheard of that it would take that long, I was wondering if other EY people were experiencing the same payment delays and what this could be signaling? Just slow/less staff processing expense reports or is this some sort of cash flow management? I’m not sure that that even makes sense since we bill the client for the expenses, so it puts off the billing process as well as the reimbursement process.


As to why and how this happening, we’re guessing that those of you that got into the habit of going to Bobby Vans twice a month, playing Omaha, Hold ‘Em et al. on the web and lap dances and somehow convinced yourself it was business related have finally broke the proverbial camelback. It’s either that or Jim Turley is pulling up his boot straps and checking every single expense report himself.

Other theories or wild-ass guesses? Fire away.

No, the IRS Will Not Be Cool with Your Request for Bogus Refunds in Order to Pay Your Gambling Debts

If you find yourself in a bit of tax trouble, the IRS is more than happy to work with you. They gave all those UBS tax evaders all the chances one could ask for. They are giving small nonprofits a break on submitting their 990s. Hell, they are opening regularly on Saturdays.

The best thing to do if you find yourself in a pinch is call them, explain the sitch and we’ll bet you dollars to vegan donuts that Doug Shulman and Co. will work it out with you.


Having said all that, it’s extremely unlikely that the Service will work with you if, say, you attempt to obtain a couple million in bogus refunds to pay off your gambling debts. You do this under the assumption that the U.S. Government will gladly take an IOU until you get around to scraping it together. Who hasn’t gotten a little careless during football season a time or two and needed to commit a federal crime to make things, amiright?

Federal authorities this week arrested a former Los Angeles County worker who allegedly used the personal information of more than 150 welfare applicants to file nearly $2 million in fraudulent claims for tax refunds.

Trang Van Dinh, a 62-year-old resident of Glendale, worked for the county for a decade and filed the returns in a desperate attempt to pay gambling debts, county auditors said.

[…]

His arrest comes months after Dinh was fired from his county job after acknowledging wrongdoing in an interview with county investigators, said Guy Zelenski, chief investigator for the county auditor-controller. County officials spoke to Dinh after IRS investigators notified them of their suspicions.

“He thought he could pay the IRS back and he would have no problems,” Zelenski said.

No problems, like facing 220 years in FPMITA prison problems?

Fired L.A. County worker arrested in tax fraud case [Los Angeles Times]

Accounting News Roundup: Senate Proposal Would Double Tax on Carried Interest; Take Client Compliments with Skepticism; Agents Honored for Busting Petters | 06.09.10

Showdown on Fund Taxes [WSJ]
The U.S. Senate plan to tax private equity and hedge fund managers who earn carried interest has been rolled out and it would double the rate on this income from 15% to 30% in 2011 and 33% in 2013. Supporters of the bill argue that carried interest is “basically wages” and that the 15% is a “fundamental unfairness in the tax code.”

The industry is not amused by the Senate’s latest rich hating measures. The Journal quotes Douglas Lowenstein, president of the Private Equity Council, “[E]arning carried interest involves taking risks, making long-term investments and exposing yourself tot you’ll have to return your earnings if things don’t work out. No one who gets a paycheck has to face those consequences.”

But that’s not all! Also in the proposal is a “enterprise-value tax” provision that would tax the sale of any private equity fund, hedge fund, or real estate partnership at higher rates than of other businesses including publicly traded oil and gas partnerships.


Ex-CEO and CFO of Duane Reade Convicted in NY [AP]
No matter what Anthony Cuti and William Tennant did (“scheming to falsely inflate the income and reduce the expenses that Duane Reade reported to investors.”), if you bank with Jamie Dimon, you’re grateful for every DR.

How White-Collar Criminals Exploit Your Vanity – Beware of Compliments [White Collar Fraud]
Sam Antar has all but eliminated any possibility of ever getting a date ever again by admitting that any compliment that he gives is may have an ulterior motive, “The more likable and charming that I was as a criminal, the easier it was for me to successfully lie to my victims and deceive them. People are far less skeptical of people who they like and the white-collar criminals know it and exploit it.”

Most of you have never been paid a compliment by Sam but maybe some of you can think of a client that seems to go out of their way to stroke your ego. Or maybe it’s a combination of a compliment here or there (e.g. “you’re looking buff” or “nice ass”) from the controller and the hot junior accountant that keeps inviting you out to lunch for no discernible reason.

The lesson here is be skeptical of things being a little too good to be true for an audit. If your client doesn’t particularly like you and they look like they came from deep inside the ugly forest you might be able to rest easy. Otherwise, stay on your toes.

EBay’s Whitman Faces Brown for California Governor [Bloomberg]
A former auctioneer will face off against a failed Presidential candidate for the arguably the worst job in the country.

Four who took down Petters honored [Minneapolis Star-Tribune]
Swashbuckling industrialist-cum-Ponzi Scheme architect Tom Petters is doing 50 years for his crimes but the four investigators – FBI special agents Brian Kinney and Eileen Rice, FBI forensic accountant Josiah Lamb and Kathy Klug of the IRS’ Criminal Investigation Division – were honored yesterday for their efforts with a 2009 Law Enforcement Recognition Award by the Minnesota U.S. Attorney.

Of course, they couldn’t have done it alone (plus it’s honor just to be nominated), as they were assisted by more than 100 other agents who brought down Petters. Then someone made a Bernie Madoff joke and the fun ended right there.

Just Because You Support Tax Cuts Doesn’t Mean You’re a Fiscal Conservative

Since the the stench of last-minute pandering to voters is in the air today, Howard Gleckman points out over at TaxVox that while many candidates are quick to launch in with “I will cut taxes!” or “I believe in smaller government!” to catch some of the hot Tea Party action, these candidates (and many of the Tea Party types themselves) don’t really qualify as fiscal conservatives (if you go by the Wikipedia definition) who support balanced budgets and deficit reduction:

They are plainly interested in tax cuts—a core belief that appears repeatedly on Websites, position papers, and speeches throughout the movement. And while tea partiers say they favor smaller government, many in fact propose to shrink it in only trivial ways—by cutting earmarks or waste and abuse. Candidates elected on platforms supporting very large tax cuts and small spending reductions are likely to oppose aggressive efforts to reduce deficits, not back them. While some analysts see the tea partiers as the 21st century progeny of Ross Perot’s fiscal conservatism, nothing could be further from the truth.

One of Gleckman’s examples is Sharon Angle who claims to be the “one true conservative” (presumably that means a fiscal conservative) and is running for the Republican nomination in Nevada to face off against Harry Reid. Here is one of her ads:

There’s the mantra: “Limited Government!” “Lower Taxes!” As Mr Gleckman notes, Ms Angle would “abolish the Internal Revenue Code but doesn’t quite say how she’d finance government.” That’s a bit of a problem, especially since she says in her “On the Issues” page under healthcare that “the government must continue to keep its contract with seniors, who entered into the system on good faith and now are depending on that contract.”

Since this essentially represents the Tea Party’s position on healthcare we’ll agree with Gleckman when he says, “This view makes deficit reduction a challenge at best, especially when paired with big tax cuts.”

The point here is this – if you’re beating the drum of tax cuts and limited government to pander to a hot political movement but if you’re going to largely continue to spend tax dollars with the same fervor as George W. Bush, that doesn’t make you the second coming of Ross Perot.

Security Workers at an IRS Building in Atlanta Are Understandably Jumpy

If you’re working security at any building that houses IRS employees, your tendency to be extra cautious is warranted. For example, if you’re X-Raying a suspicious package that just so happens to contain a curiously shaped object that may resemble an explosive device, you may just order the entire evacuation of the building.

Fortunately, it sounds like it was just a fancy-schmancy decorative egg. While it’s comforting that security forces at the Peachtree Summit Federal Building are a vigilant (maybe too vigilant) bunch, anyone brave enough to bring any sensual devices to work might make for some awkward convos.

PFF Bancorp Creditors Want to Probe KPMG So They Can Determine if They Can Sue KPMG

In anything is better than the shit BP has on its hands news, Reuters reports that creditors of PFF Bancorp Inc are requesting permission from a U.S. Bankruptcy Court in Delaware to snoop around “information in KPMG’s possession” to find out what the firm knew about PFF’s over-leveraged, under-capitalized, risk-loving ways.


The company’s committee of unsecured creditors wrote in their request that “Information in KPMG’s possession may support potential claims against third parties and against KPMG itself, if, for example, it becomes apparent that KPMG knew or should have known at an early date of any overly-aggressive or inadequately-controlled loan practices of the (company).”

So in other words, PFF would like to – pretty please – sue someone’s ass and they’d like to confirm whether or not KPMG will be a good candidate for said ass suing. So assuming the bankruptcy court gives them the thumbs-up, PFF will send in the hounds to find out what’s what. And they’ve covered themselves nicely by using the wonderfully subjective “knew or should have known” so KPMG’s only option will be to invoke the “we were duped” excuse, which isn’t such a flattering option.

KPMG didn’t respond to Reuters’ request for comment or our email but we’re guessing they’re less than enthused about sharing what is in their audit workpapers. Not necessarily because the documentation will have a smoking gun but more so because they might discover that the partner on the engagement has a bad habit of doodling and that’s just embarrassing.

PFF Bancorp creditors seek probe of auditor KPMG [Reuters]

On Top of Everything Else, the IRS Isn’t Green Enough

The IRS’ nagging mother-in-law, the Treasury Inspector General for Tax Administration (“TIGTA”) has once again managed to come down on the Service for something else it doesn’t do well – conserve energy.

According to TIGTA’s report, the IRS is implementing environmental management systems at 11 facilities, which will increase operating efficiency, improve environmental performance and reduce environmental impacts.

TIGTA also identified several steps the IRS should take to improve energy efficiency in its data centers, including eliminating gaps between computer room floor tiles that allow hot and cold air to mix, spacing servers in rows to maximize the efficiency of air conditioning, and using occupancy sensors to control lights in computer rooms.

The IRS does not have policies and procedures for improving energy efficiency in its data centers or for implementing data-center energy-efficiency best practices, TIGTA found. This affects the IRS’s ability to minimize energy consumption and costs, resulting in the inefficient use of resources and taxpayer funds.

“It is imperative that the IRS become more energy efficient to save taxpayer dollars and reduce the nation’s consumption of oil, coal, and other natural resources,” said J. Russell George, the Treasury Inspector General for Tax Administration.

The details of the improvements that are quite impressive – gaps in the floor tiles; spacing of servers, etc. Impressive in the sense that if your performance coach/manager was giving you those kinds of suggestions for performance improvement, you’d give them an eyeroll that would cause you to fall backwards in your chair.

Despite the endless stream of criticism, Chief Nag, J. Russell George managed to stop short of asking the IRS to help BP get all that oil out of the Gulf of Mexico.

TIGTA: IRS Can Improve Energy Efficiency at Data Centers [TIGTA PR]
Full Report [TIGTA]

Accounting News Roundup: UBS Deal Hits a Snag; More Clifton Gunderson M&A Activity; Governance Prep Is Big Hurdle for Companies Going Public | 06.08.10

Primaries to Watch From Coast to Coast [WSJ]
There are eleven states that have primaries going on out there today so get out there and pull the lever for someone.

Swiss-US deal on UBS delayed by lower house snub [Reuters]
UBS still owes the IRS 4,450 names of clients as part of the deal that the U.S. reached with Switzerland re: tax evaders with UBS accounts. Small problem – the deal is hung up in Switzerland’s parliament, after the lower house of Switzerland’s parliament rejected it.

Why is this political jockeying even happening? Since the name naming is a big no-no in Swiss secrecy law, the parliamentary approval became necessary after a Swiss court blocked the transfer of the information in January. The names for retracted smackdown has an August deadline but if it is not met, the Swiss risk the the launch of a new tax case against UBS by the United States.


Clifton Gunderson Merges With St. Louis’ Humes & Barrington [Clifton Gunderson]
Clifton Gunderson has obtained St. Louis-based Humes & Barrington, in an deal effective June 1. The H&B staff of 53 will join the 7 partners in adding to the 1,900 professionals at CG. This acquisition was in addition to the purchase of Stockton Bates that we mentioned last week as well as the purchase of BKD’s Merrillville, IL location.

Corporate Governance is Top Challenge for Companies Considering an IPO, KPMG Survey Series Finds [KPMG PR]
Improving governance is biggest challenge as 64% of the companies surveyed looking to make a public offering listed it as a top challenge along with developing a robust business plan (40%) and preparation of financial track record (36%).

Jefferson Wells aligns with Baker Tilly Mexico [Milwaukee Business Journal]
Milwaukee-based Jefferson Wells has aligned with Baker Tilly Mexico to expand its operations in that country and the the Central America region. This marks the fifth expansion for JW in twelve months and is the first into Mexico, Central America and the Caribbean.

PwC’s Ian Powell Will Have You Know That His Firm Is Turning Away Millions in Business in the Name of Independence

It could be argued that the Big 4 is on some thin ice re: independence by trying to grow their advisory businesses. But hey, can you blame them? The audit and tax service lines alone can’t keep the lights on of a multi-billion dollar firm (but not really one firm, it’s actually a network of firms that operate under a single name, JSYK).

And besides, if you were to ask Ian Powell, the UK Chair of PwC, he’d tell you that they have to beat off clients with a stick that want that PwC experience all over them. But you know what? Independence is far too crucial tenant of the business to be jeopardized by some overeager clients that are throwing a few million clams at P. Dubs. THEY. DON’T. NEED. IT.


Mr Powell put down his binoculars to give an interview to the Financial Times where the “affable and youthful-looking” Chair dispelled any idea that the consulting business posed any risk to PwC losing its independence merit badge:

Mr Powell thinks the traditional skills of consulting can still have great value, such as in “sourcing, outsourcing, supply chain and workforce efficiency” – areas PwC has been investing in – “that can demonstrate a short term payback”.

Here again he faces controversy – persistent claims since the collapse of Enron that the Big Four’s growing consulting practices could affect their audit independence.

He responds: “We will not take on any assignment that we believe either will bring us into any independence issue, but even more so would bring us into any perceived independence issue – so we turn away millions and millions of pounds worth of business each year.”

PwC boss seeks debate on regulation [FT]