Author: Caleb Newquist

Founding editor, Going Concern.

In Non-Goldman Sachs News, Mary Schapiro Doesn’t Think Much of Your Report on the SEC’s Response to Allen Stanford

In case you haven’t turned on a TV, been on the Internet or talked to single human being today you’re aware that Mary Schapiro and the Commission are little busy raining shit all over Team Jehovah.

As fun as this must be for the SEC, for some reason there are a few people that would like to discuss the SEC’s reaction to a Ponzi scheme whose alleged perp will likely die awaiting trial.


Even though Mary Schapiro can’t believe this timing (!), fine, she’ll humor you. But don’t interrupt again. They are trying to God’s work (and maybe win over some voters).

The following is a statement from SEC Chairman Mary L. Schapiro regarding SEC Office of the Inspector General (OIG) Report 526 — “Investigation of the SEC’s Response to Concerns Regarding Robert Allen Stanford’s Alleged Ponzi Scheme”:

“This report recounts events that occurred at the Commission between 1997 and 2005. Since that time, much has changed and continues to change regarding the agency’s leadership, its internal procedures and its culture of collaboration. The report makes seven recommendations, most of which have been implemented since 2005. We will carefully analyze the report and implement any additional reforms as necessary for effective investor protection.”

In other words, “I’m turning this ship around, and most of your bullshit suggestions are already in place, so how about you take your light your OIG report on fire?”

Marcum Officially Announces Purchase of UHY New England Locations

Marcum officially announced its take over of the UHY Advisors locations in New England that we mentioned last week.

We can only assume that the 150 employees at new Marcum offices passed the due diligence with flying colors. According to the press release, the new locations will make 15 total for Marcum with over 950 total employees and 117 partners.

Marcum LLP Expands Practice into New England

Members of New England Practices of UHY Advisors and UHY LLP Join Marcum

April 16, 2010, New York, NY- Marcum LLP, one of the largest independent public accounting and advisory services firms in the nation, announced that it has acquired the New England practices of UHY Advisors and UHY LLP effective April 16, 2010. Marcum will now have offices in three of New England’s major business markets – Boston, Massachusetts, and New Haven and Hartford, Connecticut.

The members of the New England practices of UHY Advisors and UHY LLP who are joining Marcum have a 30-year history in the New England market providing audit, tax and business consulting services in the construction, high technology, financial services, healthcare, manufacturing, not-for-profit and higher education arenas. Marcum LLP, with its outstanding reputation at the national and regional levels, has strong service niches in SEC registrants, alternative investment partnerships, family office services, business valuation, bankruptcies and receiverships and services for the government and public sector.

“Expansion into the New England region increases Marcum’s presence in the Northeast and offers our clients greater resources and new areas of expertise,” stated Jeffrey M. Weiner, Managing Partner of Marcum LLP. “The new locations tie in directly with our growth plan and will help us meet the changing accounting, tax and consulting needs of our clients.”

The entire 150 plus team from the New England practices of UHY Advisors and UHY LLP will join Marcum. With this latest development, Marcum now has more than 950 professionals, including 117 partners, in 15 locations throughout New York, New Jersey, Connecticut, Pennsylvania, Florida, Massachusetts and Grand Cayman.

“The members of the New England practices of UHY Advisors and UHY LLP are looking forward to the growth opportunities this transaction will bring in New England and beyond,” stated Anthony Scillia, who will serve as Managing Partner of Marcum’s New England Region. “Marcum’s geographic footprint, devotion to technical excellence and extensive range of professional services will bring added value to our existing clients and increase our ability to serve new clients in the New England area.”

Of Course the IRS Had a Reason for Raiding Your Home

Earlier in the week we mentioned an Indiana man who was suing the Feds for wrongful death because his wife committed suicide after an IRS raid.

Well, it turns out that the raid wasn’t a training exercise.

A Huntertown man who federal authorities say earned more than $1.7 million in assets but did not report the earnings on income tax filings has been charged in a 23-count indictment by a federal grand jury seated in South Bend.

James A. Simon, 59, faces charges of filing false federal income tax returns, failure to file reports of foreign bank and financial accounts, fraud involving private financial aid, and fraud involving federal financial aid, all for an alleged scheme that ran 2003-2006.

Through involvement with five separate businesses – foreign and domestic – Simon is alleged to have not reported funds obtained as earned income, but instead claimed monies as nontaxable loans and advances.

Simon spent all but about $50,000, the indictment alleges.

The wife might be better off.

IRS strikes back in 23-count indictment for Huntertown man [Fort Wayne News-Sentinel]

‘Quiet’ Accountant to Shock Co-workers By Beating the Living Crap Out of Someone

Here at GC, we try to present you with career options now again.

Most notably, we throw the Job of the Day at you but every once in awhile we go off the deep end to present something outside the world of accounting altogether in order that to give false hope to people’s dreams of getting out of number crunching business altogether.


Emmanuel Mulili, a “quiet numbers cruncher who’s quick with a calculator” moonlights as a MMA fighter and his co-workers are surprised that such a ‘reserved’ guy would want to beat the living tar out of another human being.

The “African Assassin” can be seen this Saturday at the Rumble in the Zoo III, after which, his co-workers in attendance will not dare to look at him cross-eyed ever again. Especially since it’s reiterated time and again that Mulili is ‘laid back’ and ‘humble,’ which just convinces us that he has a natural inclination to rip your arms off if you happen to disagree with him on a double-entry accounting issue.

Naturally, Mulili would like to be the next accountant-cum-MMA champion, “I want to get a couple of fights under my belt,” he told the Kalamazoo Gazette, “When the time is right, I’ll turn pro. If it doesn’t work out, I can always get back into accounting. But right now, just keep swinging and pounding.”

Swinging and pounding your face after you hardcode a spreadsheet that he spent hours on.

‘Reserved’ accountant Emmanuel Mulili turns ferocious in MMA octagon [mlive]

Some People Would Like to Know Why PwC Is Mum on The Alleged Morgan Keegan Fraud

Last week, the SEC continued its “Bustin’ Up Fraud” tour by charging Memphis-based Morgan Keegan & Company, Morgan Asset Management, and two employees, James C. Kelsoe, Jr. and Joseph Thompson Weller with “fraudulently overstating the value of securities backed by subprime mortgages.”

The long/short of it is that SEC’s Enforcement Divish alleges that Kelsoe “arbitrarily instructed the firm’s Fund Accounting department to make ‘price adjustments’ that increased the fair values of certain portfolio securities.” Weller didn’t do a damn thing to remedy this, Morgan published fraudulent net asset values (NAVs) based on these valuations and investors ended up losing something like $2 billion. Typical stuff in this day and age.


While Khuzhami and Co. gave the usual spiel about “lies” and whatnot, Jonathan Weil over at Bloomberg is wondering why PricewaterhouseCoopers is being totally left out of this ordeal (our emphasis):

Now that the Securities and Exchange Commission has accused Morgan Keegan & Co. of fraudulently overvaluing subprime-mortgage bonds in several of its mutual funds, there’s still one major player in this saga that hasn’t uttered a peep.

That would be PricewaterhouseCoopers LLP, the Big Four auditor that blessed the funds’ year-end financial statements for fiscal 2007. Funny thing is, officially at least, PwC is still clinging to its position that there wasn’t anything wrong with the funds’ numbers. That’s a lot harder to believe now than it might have been before last week.

Not to take issue with Jonathan Weil (who we think is great, btw) but we aren’t surprised at all that PwC is standing by their audited numbers. “Deny ’til you die” is Big 4 101, even if that denial is through complete and utter silence. They’re better at holding out on guilt than Pete Rose.

JW ends up addressing his own inquiry saying, “Perhaps PwC is awaiting the final outcome of the SEC’s case, which might take years to litigate. While the SEC didn’t name PwC as a defendant, the firm is being sued in court by fund investors. So PwC has a clear incentive to avoid acknowledging that any of its audit conclusions may have been wrong.” Jackpot! And if there’s one advantage that PwC and the rest of the Big 4 have on the road to failure, it’s time.

Ultimately, this detecting fraud. The public want auditors to find it. Auditors claim that’s not their job. The “expectations gap” as the leadership likes to say. And while Big 4 leaders cling to this “gap” like a security blanket, Weil brings up the question that more people have been asking lately, “if auditors can’t detect fraud, what good are they?”

Bond-Fund Fraud Suits Leave Auditor Speechless [Bloomberg/Jonathan Weil]
SEC Charges Morgan Keegan and Two Employees With Fraud Related to Subprime Mortgages [SEC Press Release]
SEC Complaint

Accounting News Roundup: Deloitte ‘Encyclopedia’ to Join IASB; South Carolina’s $60 Million Accounting Snafu; CFO Job Market No Longer ‘Totally Dead’ | 04.16.10

Deloitte’s Paul Pacter Appointed to IASB [Web CPA]
Paul “Financial Reporting Encyclopedia” Pacter will resign his part-time position at Deloitte to take a seat on the IASB. Since 2000, he has been on Deloitte’s IFRS leadership team and has worked as the Director for small and medium sized entities for the IASB.

Sir David Tweedie said in a statement that “Paul is a walking encyclopedia on global financial reporting. He served as the determined leader of the development of the IFRS for SMEs, is an expert in both IFRS and U.S. GAAP, and in his spare time has run one of the most popular financial reporting Web sites on the Internet. He will bring a global perspective and immense energy to the board.”


Nearly $60 million accounting error means state budget cut [Charleston Business Journal]
Relative to other states that shall remain nameless, South Carolina’s problems aren’t really a BFD but somehow $60 million being “erroneously…counted as part of the state’s general fund,” as opposed to being earmarked for specific appropriations is still not good.

As a result of this little booboo, $60 million in budget cuts must be found with less than three months until the end of the state’s fiscal year. Such a short time frame could presumably lead to some desperate slash and burn methods. And here we thought the subversive organization legislation would have been a huge revenue stream for the Palmetto State.

Is There a Pulse in the CFO Market? [CFO]
Apparently the CFO job market is no longer ‘totally dead’ as it was from December 2008 to October 2009 and since some are feeling ‘overworked and under appreciated’ (just like you!) there promises to be a bit of a CFO exodus.

Tax Return of the Day | 04.15.10

On a day like today, words alone will simply not suffice. Things like “Thank God it’s over,” “I am getting cop-slugging drunk,” or “If I get asked to prepare one more extension I’m going to have a panic attack” are expected. Instead we’ll present you with the following clip of a certain taxpayer’s haul in 2009:

[Source]

Tea Party Tax Day Photos

As you’re well aware, some Tea Partiers are out and about today (not everyone stayed at home) and the Mile High City was no exception.

Being in close proximity to the Capitol, I decided to run over and check out the festivities. While it was definitely a raucous (yet peaceful) bunch they didn’t seem to mind that I wasn’t listening and was obviously more interested in sociological aspects of the gathering.

With the crowd oblivious to my mission, I was able to snap a few pics (yes, total amateur hour) of some of the more, shall we say, interesting signs.


[caption id="attachment_8580" align="alignright" width="260" caption="Child exploitation!"][/caption]

[caption id="attachment_8575" align="aligncenter" width="560" caption="Creative Algebra"][/caption] [caption id="attachment_8566" align="aligncenter" width="560" caption="Obvious stencil job on the hammer and sickle"][/caption] [caption id="attachment_8582" align="aligncenter" width="560" caption="Does anyone else find unnecessary quotation marks annoying?"][/caption]

(UPDATE) The Greatest Tax Day Tradition: (Rumored) Free Stuff!

It’s here people. April 15th. It’s great for a lot reasons: A) you (or your grateful significant other) get to say good bye to that nasty-ass beard B) you can get some rest and C) all around, your life ceases sucking (or sucking less). And along with marching against all things taxation (regardless of representation) it has become tradition for giveaways.

Buzz around the Internet for a nanosecond and you’d think the entire universe was being given away.


We already told you about the Blizzardmobile setting up shop in DC but for those of you not in the Nation’s Capital, here’s a quick rundown of some other freebies that me be closer to you:

Starbucks – Bring in a reusable cup and get free coffee.

Dunkin’ Donuts – Although we can’t find anything on their website, DD is known to give you a free donut with a purchase of the best (chain) coffee on Earth.

Subway – Again, rumor has it that Casa de Jared is handing out free cookies today. Nothing on the site, however.

PF Changs – If you didn’t get enough Chinese cuisine during busy season, head over to PFC’s to get 15% off your tab.

McDonalds – Once again, supposedly you can purchase a Big Mac and get a second for $0.01. If you aren’t able to handle two (we don’t recommend one but whatevs), just give it to a homeless person.

Boston Market – Buy one plate and get one free with this coupon.

If you’ve got news of more freebies, or just (rumored giveaways) let us know or discuss.

UPDATE: Looks at least one Subway is balking. From a Salzberg Soldier:

The Subway in Raleigh right outside of Deloitte has advertised buy-one get-one subs on tax day for the last week or so…but when we went in and ordered, they told us they had decided not to do it. They also mentioned that they took down the posters they had in the windows because “they didn’t make sense”. No bargains at Subway today.

Accounting News Roundup: The Psychology of Cheating on Your Taxes; The Silver Lining in Sarbanes-Oxley; Is It Time to Go Solo? | 04.15.10

Happy Tax Day! It was a breeze right? Hopefully you tax pros have wrapped everything up and the extensions are out the door so you can enjoy a relatively easy day. And if you’re in DC, don’t forget to get yourself a Blizzard.

Why we cheat on our taxes [MSNBC]
Sorry rich folks but it’s mostly your fault that people cheat on their taxes. Yes, that’s right. Once again, the wealthy need to explain themselves with their richy rich ways. Never mind that the complexity of the Internal Revenue Code that encourages the 1040 malfeasance, it’s the perception that the wealthy are all cheating on their taxes (that’s how they got rich after all) so the little guy needs to do whatever it takes to get his.

While the country’s federal tax code is considered progressive, some people feel that it grants the wealthy many loopholes — something that further perpetuates the resentment among those who believe the tax burden can sometimes fall unjustly on those who are least able to afford it.

“Many wealthy people earn income, such as capital gains, that is taxed at lower levels than regular income,” Callahan said. “So, in some cases, a wealthy guy sitting by his pool, living off his stock portfolio is paying a lower tax rate than the guy cleaning his pool. Tax evasion scams by the wealthy are so often revealed, and so there’s the perception that the rich cheat heavily on their taxes. There’s truth to that perception, which is what keeps it alive.”

While the attempt at the psychology behind cheating is a worthy exercise, the facts remain that the wealthy are paying more than their fair share of taxes. Or just ask them, they’ll tell you.

Something to Like about Sarbox [CFO Blog]
Forget Section 404. A less debatable benefit from SOx is Section 403 which “shortened the time between when officers and directors make a change in their stock holdings and when they report it through a Form 4 filing, from within 10 days at the end of the calendar month to just 2 business days.”

Harvard Professor Francois Brochet reviewed more than 50,000 filings from 1997 to 2006 and argues that, not only does Section 403 allow investors to react to insider trades more quickly (which prevents bigger drops in stock prices on suspected bad news, he argues), it allows smaller companies to trumpet their company’s prowess even if they’re not widely covered by analysts. Oh, and the cost is virtually nil compared to 404 compliance.

Hanging Your Own Shingle: Starting a CPA Business [FINS]
Now that today marks the end of another tax season/busy season is it time for you to move on or is it time for you to be the boss?

A recent survey of CFOs indicates that most companies are in no rush to hire and with layoffs coming and/or your post-busy season burn out raging, you’re probably weighing your options. FINS reports that “Roughly three-quarters of the country’s 44,000 tax businesses are one-person shops, according to the American Institute of Certified Public Accountants (AICPA). And almost half of tax accountants work in companies with fewer than 10 employees,” so there’s plenty of people already on their own. Plus, there’s no sign of the tax code getting any simpler, so more and more taxpayers will be needing a professional to help them.

Quote of the Day: Dear Abby Should Not Be Giving Advice About Taxes | 04.14.10

Dear Ms. Van Buren:

Your response to “Phobic” about her boyfriend’s tax returns contained a significant error. You characterized enrolled agents as “the only tax specialists licensed to practice before the IRS,” which is not true. The fact is, certified public accountants and attorneys are federally authorized to represent clients before the IRS.


The CPA has long been synonymous with reliable, objective tax preparation and ranks as the preferred tax professional among millions of U.S. taxpayers.

On behalf of the many CPAs who prepare tax returns every year, we would be appreciative if you would print a correction in your column.

~ Tom Ochsenschlager, Vice President – Taxation American Institute of Certified Public Accountants, in response to this.

TurboTax’s Bob Meighan: There’s No Sense in Panicking About the April 15th Deadline

With a little more than just 24 hours to go until the end of the traditional filing season for 2010, some taxpayers might be freaking out. To help prevent this we got the chance to speak with Bob Meighan, TurboTax VP and CPA yesterday morning about what to do with just a few short hours away from the deadline, what taxpayers have been struggling with this filing season and if he had any special advice for a certain customer:

And that extension form you need? It’s Form 4868. Even if your preparer got nabbed in Operation Brass Tax, just make it easy on yourself and file the extension (we did). You’ll feel better.