Author: Caleb Newquist

Founding editor, Going Concern.

Just When You Thought You Were Out…

Return.jpgThere comes a time in every unemployed person’s stint as Costanza where you consider going back to the job you just quit. Or maybe you got canned but now they’re reaching out to you through the alumni network just to let you know how great you are nd dang, we sure miss ya.
The BBC was asking around about employment prospects in the new year and lo and behold, they interviewed Keith Dugdale, director of global recruitment at KPMG. Amongst other ramblings, Mr. Dugdale put it out there that KPMG is maybe thinking about asking you some of you to come back:

One thing KPMG is looking at is the notion of rehiring former workers to make use of their experience.
“We are putting a lot of effort into alumni activities,” Mr Dugdale says.

Oh sure, maybe the BBC is reading into it too much but it does make us wonder how many of you would consider going back to an employer that you left because of [insert reason]. Not because you’re desperate (well maybe you are) but perhaps you decided the grass wasn’t greener after all or you’ve got streak of forgiveness in you that you didn’t realize or you told them they had to beg — like get on your knees and beg and tell me you can’t live without me! And I want an iPhone. No! Two iPhones! — and…they did. Maybe we’re broaching the unthinkable but somehow we think some of you might miss the old digs and would jump at the shot to go back. Kindly satisfy our curiosity.

The New Inspections Director at the SEC Will Enjoy Low Expectations

relax.jpgA little afterthought on Carlo di Florio’s new gig as the director of the Office of Compliance and Inspections and Examinations (“OCIE”). And no, we’re not caving to the request of some to go ape over the revolving door that is every financial regulatory agency.
Our thought is this man has absolutely no pressure heading into his new job. None. Look at the track record of his predecessor:

Lori Richards, who had headed OCIE since its creation in 1995, left the SEC last August. She was one of several high-level officials, including the enforcement director, who departed the agency after Schapiro took the helm in January 2009.
…
Kotz has detailed how the SEC bungled five investigations of Madoff’s brokerage business between June 1992 and December 2008, when the financier confessed to his sons that he was operating a fraudulent scheme. Top SEC officials have pledged to fix the problems and said they have made major changes.

So essentially he’s following 13 years of utter incompetence.
Plus, according to the Commission, Carlo was a dynamo at P. Dubs helping them build their “corporate governance, risk management and regulatory compliance practice[s]” and was a top dog for “[investigating] corporate fraud, corruption, conflicts of interest and money laundering.” So if he’s the jim-dandy they say he is, he’ll be finding fraud in his sleep. The SEC is in total rebuilding mode and he’s following over a decade of failure so is there anything he could possibly do to screw this up? A few decent busts a year and this guy will go down in history like Eliot Ness.
Well played, Carlo. Well played indeed.
Head of SEC Inspections Office Named [AP via NYT]

Job of the Day: A Hedge Fund Needs Your Brilliant Tax Mind

Need_a_job.jpgNow that the book has been closed on 2009, you’re more or less ready to get back into the swing of things. Unless of course you just got laid off unexpectedly or you felt like sticking it to your old employer and did the march in yesterday.
Or even if you’re just moseying around on your second day back and you wonder what else is out there.
Michael Page, Inc. has a hedge fund client that is looking for a Tax Manager. Get the details after the jump.


Company: Michael Page, Inc.
Title: Tax Manager
Location: New York
Minimum experience: 5 – 10 years
Description: Provide tax compliance and planning expertise, as well as leading a small team of tax professionals
Responsibilities: Reviewing federal/state corporate and partnership returns; Managing information from accounting administration provider in order to accurately prepare tax returns; Preparing and analyzing accounting data to ensure proper tax categorizations; Prepare monthly, quarterly and annual tax provision calculations and financial statement tax footnotes; Prepare withholding documentation submissions to external parties; Assisting in performing research and providing analysis on a variety of moderate to advanced tax issues or perform special projects as directed by the Tax Director
Required Skills: 5-10 years tax experience with exposure to Hedge Fund or Private Equity Tax structures.
See the entire description over at the GC Career Center and visit the main page for all your job search needs.

Our Attempt to Give an Outlook on 2010

Thumbnail image for 2010.jpgAs is the wont of many fine publications, we’ll take a moment of your otherwise 100% chargeable day to dispense our outlook for 2010.
Many stories that were big in 2009 will be again and some stuff will just come out of nowhere. Here’s our stab at what we think you’ll be reading about in this corner of the blogosphere:
• Layoffs – Will forced ranking continue or will we go back to the heyday when only new associates that ran naked through the hotel lobby at national training get let go?
• The return of raises? – We’ve already got one guarantee courtesy of Bob Moritz but what about the rest of usual suspects?


• The PCAOB’s fate – The SCOTUS decision could put an end to the Monday morning QBing.
• IFRS vs. U.S. GAAP – Despite our sincerest wishes, the debate about who will use what and when it will happen and who will overlook everything is far from figured out.
• Fraud – It’s a part of our lives. Accept it.
• The latest on the CPA Exam – Thanks to our resident expert, you will pass in 2010. Or maybe you won’t.
• Taxes – Whether it’s the IRS’s latest demonstration of efficiency or the latest attempt by Charlie Rangel to disqualify himself from his job, we’ll be sure you know everything worth knowing.
And of course we’ll be covering the latest rumors floating around your favorite firms. Whether it’s inappropriate use of email, the latest asinine cost-saving initiatives, the banishment of music, Tim Flynn’s whereabouts we’ll cover it.
Keep us updated by sending us tips and suggestions to tips@goingconcern.com and we’ll serve it up.

Let’s Go Over this Independence Thing One More Time

To be fair, Thomas Flanagan — having been a partner at Deloitte for 30 years — probably didn’t remember the day that his auditing professor covered independence. If you figure that Tom was in college in the late 1960s, it’s surprising that he remembers anything.

Also, as the vice chairman of the firm, his job was to remind people of their duty to remain independent of the firm’s audit clients. He didn’t actually have to be independent himself. What good is insider information if you’re not going to use it, amiright?

Deloitte had sued Flanagan in Delaware Chancery Court in October 2008 for breach of fiduciary duty, fraud, and breach of contract, saying the 30-year partner who had risen to vice chairman of the firm had secretly hidden trades in shares of Deloitte’s audit clients and lied about it to the firm.

“Because an auditor sells, at base, its independence and integrity, the firm relies heavily on the purported honesty and independence of its professionals,” Vice Chancellor John Noble, of the Delaware Court of Chancery, wrote in his opinion.
Deloitte said in its complaint that starting as early as 2005, Flanagan had made more than 300 trades in shares of Deloitte’s audit clients, including several clients for which he was Deloitte’s advisory partner.

Meanwhile, Flanagan specifically told the firm he was not trading in client stocks, which are restricted under the firm’s independence policies, according to the complaint.

Tom must have been a choir boy prior to getting the Vice Chair gig. How else could he have gotten to be such a bigwig if he wasn’t a poster child for integrity? Was he that good of a liar?

Never mind that for a sec. What’s really curious is why the hell a Vice Chairman needed the extra scratch. A comic book collection that would rival Nic Cage’s? Financing a business opportunity? A spendy wife/mistress/pool boy? If you’ve got any thoughts, discuss below and if this story doesn’t clear things up on independence, start crack the auditing textbooks.

Deloitte wins insider trading suit vs. ex-executive [Reuters]

Grant Thornton Gets Fired (Again)

Grant Thornton is having a helluva time keeping audit clients happy. After getting axed by Overstock.com in November, GT has now been fired by headphone maker Koss after it was discovered — by AMEX — that the company’s former VP of Finance had been embezzling millions of dollars since 2005.

In an 8-K filed yesterday, the Company stated that its financial statements from the past three years should not be relied on:

The Company has now concluded that its previously issued financial statements on Forms 10-K for the fiscal years ended June 30, 2005 through 2009 and on Form 10-Q for the three months ended September 30, 2009 should no longer be relied upon due to the unauthorized financial transactions.

A couple of commenters were debating this particular SNAFU over the Holiday break and while GT may not be responsible for discovering embezzlement, this is a perfect example of why small companies should not be exempt from Sarbanes-Oxley. As Guest 2 notes:

it looks like Koss will become the poster child for internal controls. The company clearly had to have deficient internal controls if the VP of Finance could use millions of dollars in company funds to pay her personal credit cards. We’re talking over $400,000 a month on average (if the $20 million figure is accurate) and that amount is clearly material to the company (i.e. that amount should not have gone unnoticed). My guess is that this will force all other small public companies to become full-pledged into 404 like the majority of public companies are.

We’d love to agree with Guest 2 but the simple fact of the matter is that Congress doesn’t give a rat’s ass about small companies complying with SOx. Most of the members have never even heard of Koss, especially since the company has a budget of around $0 for campaign contributions. Right now the only thing keeping the small company exemption at bay is the inability of Congress to move on financial regulatory reform, which is kinda sorta needed.

Headphone maker Koss fires auditor after firing VP [Reuters]

Preliminary Analytics | 01.05.10

Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for pwclogo.thumbnail.jpg• Carlo di Florio Named Director of SEC Office of Compliance Inspections and Examinations – Somewhere a CPA wrangler is bellyaching. [SEC Press Release]
• Domino’s CEO to Step Down – David Brandon is stepping down in 30 minutes or less to become athletic director at Michigan. [WSJ]
• Dozens of Names Shifted to No-Fly List – Including everyone with the surname “Smyth”. If there’s no “i”, you can’t be trusted. [WSJ]
• IMF study links lobbying by US banks to high-risk lending – “Powerful American banks spending lavishly on lobbying are more likely to engage in high-risk lending and their shares have performed less well than others, a groundbreaking study by the International Monetary Fund has found.” [Guardian]
• Moving on Up: Getting a Raise – No one wants a repeat of last year. [FINS]
• Kraft sweetens Cadbury offer as Nestle drops out – The $16 bllion being offered for cream eggs is deemed as ‘derisory’ by the Brits. Apparently they’re looking for something in the nabe of a gazillion. [Reuters]

Review Comments | 01.04.10

tim-geithner.jpg• Turbotax Timmy? Dancing Helio? Let’s Pick the 2009 Taxpayer of the Year! – There’s also the guy that said hookers were medical expenses. [Tax Update Blog]
• Tax Consequences of Extreme Philanthropy – Rick Warren’s reverse tithing sounds confusing. [TaxProf Blog]
• Levin apologises for $164bn AOL deal – It was just arguably the worst merger ever, it’s not like it brought down the entire economy or anything. [FT]
• CBIZ, Mayer Hoffman McCann buy South Florida firm – MHM functions as the audit arm of CBIZ and took the attest portion of Goldstein Lewin & Co. while CBIZ took the non-attest portion. [Kansas City Business Journal]
• Open Letter to the Securities and Exchange Commission: Conflicting Disclosures by Overstock.com Reveal Improper Audit Opinion Shopping – Sam Antar points out the gory details behind the Overstock.com/Grant Thornton blamestorming. Guess whose pants are on fire? [White Collar Fraud]
• H&R Block settles nationwide IRA lawsuit – Not such a good day for H&RB. [Reuters]

IRS Sticks It to Amateur Tax Preparers

Thumbnail image for shulman.jpgAny tax preparers out there that got their stripes by virtue of an 8 hour course in the basement of a church will have to start hitting the books. Today, the IRS announced that it is putting a stop to all the amateur 1040 jockeys out there by issuing new requirements for all paid tax preparers.

The new requirements came after complaints from taxpayer rights’ groups who wanted stronger oversight over the industry. Apparently there are too many “tax professionals” that can’t tell the difference between a W-2 and a sack of doorknobs.

WSJ:

[S]tarting in 2011, all paid tax preparers will have to register with the IRS and include a unique identification number on any returns they prepare. Preparers will be given three years to pass a competency exam in either individual or small business taxation.

Attorneys, certified public accountants and enrolled agents will not be required to pass the competency tests. They will remain subject to the requirements of their respective licensing bodies.

But the exams and new annual, continuing education requirements will impact likely hundreds of thousands of preparers, from employees of chain preparation firms like H&R Block Inc. and Jackson Hewitt Tax Service Inc. to mom-and-pop storefronts that offer tax preparation as one of several services.

Three years to pass an exam? Even the dimmest of CPA Exam candidates manage to finish in 18 months. Also, we’re curious as to what diabolical plot the H&R Blocks and Jackson Hewitts of the world will devise in order to speed their professionals into compliance.

Regardless of the shortfalls, Doug “Don’t expect me to apologize” Shulman said that the new requirements were ‘long overdue’. He also said that the Service will be forming a task force to look into determining the accuracy of tax prep software for possible future standards over that industry.

One thing is for sure, somewhere Doug’s boss is asking his friends if they know any good CPAs.

IRS to Boost Oversight of Paid Tax Preparers [WSJ]

Jeremy Newman Has Had It

jnewman.jpgSo much so that he wrote a letter. The BDO International Global Coordiation CEO and infrequent blogger sent his letter to the Financial Times today in response to previous letters to the FT that unequivocally placed the blame for the financial apocalypse on accounting rules.
Newman, who strikes as the mild-mannered sort, comes as close to telling all the haters out there, “OH, HELL NO” as one might expect:

Sir, It is unfortunate if people are persuaded that accounting rules are to blame for bad lending decisions and poor investments (Letters, December 29). Banks, and other financial institutions, needed injections of monies from governments (and others) because they lost money and were short of cash – not merely because of accounting issues. Inadequate bad debt provisions, if such was the case, may have resulted in unduly large bonuses being paid but it was not the bonuses that created the cash shortages – it was the poor lending decisions that resulted in such bad debts. Equally, accounting rules did not result in companies overpaying for acquisitions – it was the poor investment decisions that resulted in a decision to overpay.

It’s pretty clear that J. New is sick and tired of everything being blamed on accounting rules and he figured writing a stern (but cordial) letter to the FT was the best way to draw the line in the sand. While that might have some effect, we would invite him to cut loose (read: go completely ape shit) on his blog to tell those IFRS haters what they can do with their pointer fingers. If you want us to read a draft JN, we’re here for you buddy.
Poor business decisions were behind losses [FT]

California CPAs to be More Ethical Starting in 2010

Thumbnail image for ethics.jpgThe California Board of Accountancy is ringing in the New Year with some increased requirements for California CPAs including additional ethics training to maintain an active status.
With so much unethical behavior in the world today, the CBA figured a few more hours of CPE will straighten you all out:

CBA president Manuel Ramirez said the regulation changes are part of an increased focus by the CBA on ethics and education. “I believe the newly approved continuing education requirements are an important step to increasing the CBA’s consumer protection mandate, while also reestablishing CPAs’ reputations as one of the most ethical professions in the country,” he said in a statement.

Not only will California have the most ethical CPAs in all the land but the CBA is jumping on the transparency bandwagon by broadcasting its future meetings via webcast. This will “give both consumers and CBA licensees a ‘window’ into important issues and how decisions are made.” Prior to this ‘window’, anyone wanting to observe a meeting had to attend — GASP — in person. One can safely assume that the CBA’s decision was partly due to realizing that webcasts would save them the embarrassment of A) a near empty meeting and B) those in attendance snoozing through the whole thing.
California Toughens Requirements for Accountants [Web CPA]
Other California CPA News:
CalCPA Is Doing About Everything It Can to Motivate You to Reactivate Your CPA
Arnie Signs 150-Hour Rule for California