Author: Caleb Newquist

Founding editor, Going Concern.

Don’t Forget about the Ernst & Young Holiday Rager Tonight!

In case you’ve been so distracted by the Tiger Woods story that everything else has been pushed to the back corners of your mind, we’ll remind you that New York FSO Holiday Party is tonight from 6 to 10 pm over at Tavern on the Green.

For the less fortunate of you, this may be your last chance to get some shameless ass-grabbing done. So if you’ve got nothing better to do, we suggest you check it out.

On the booze front, we’re keeping our fingers crossed that you’ll have open bar, but judging by the actions of other E&Y offices, you might want to stop by the ATM just in case.

Our invite appears to have gotten lost so if someone wouldn’t mind sending ours over that would be great. We’ll accept especially festive pics in lieu of an invite (read: JIM. TURLEY. DANCING.) Have a great time, and don’t forget who you’re representing (?).

Preliminary Analytics | 12.17.09

ben_old.jpg• Ben Bernanke: Time’s “Person of the Year” – The JDA almost fools you into thinking that she wasn’t that upset over Time’s selection. [JDA]
• BofA Taps Moynihan as CEO – The search is now on for the location for the Ken Lewis send-off. [WSJ]
• Proxy Disclosure Of Stock-Based Comp To Change Under SEC Final Rule Approved Today [FEI Financial Reporting Blog]
• SAC Capital, Steve Cohen (And His Brother) Sued By Ex-Mrs. C – She’s alleging insider trading, concealing of assets during their divorce, and wants $300 mil for her trouble. [DB]
• Citi to Suspend Foreclosures for 30 Days – “The New York-based bank said Thursday the suspension will run from Friday through Jan. 17. It applies only to borrowers whose loans are owned by Citi. Borrowers who make payments to Citi but whose loans are owned by other investors are out of luck.” [AP via NYT]

Review Comments | 12.16.09

300px-Toblerone-1.jpg• Swiss Report First Appeals Filed in UBS Tax Case – Two scofflaws from the pool of 500 want to talk this over some rocky nougat. [NYT]
• The Top Recession Lesson for 2010 – Plus, there’s a countdown clock to 4/15/10 already. [CPA Trendlines]
• Are We Asking for Future Problems? – “There are some wonderful masters programs in accounting. There are many, though, that don’t provide sufficient value for the extra buck being charged.” [The Summa]
• Tax Court Finds Thighmaster’s Tax Shelter Flabby – “[F]irm thighs only get you so far in Tax Court.” GTK. [Tax Update Blog]
• Fidelity fires four for playing fantasy football – You’ve been warned. [Star-Telegram]

Job of the Day: You’re Good Enough for Government Work

Thumbnail image for Thumbnail image for hire me2.jpgThe word on the street is working in government isn’t a bad move. Plus, Texas doesn’t have an income tax.
Check out the details for a financial examiner position for the Credit Union Department for the State of Texas located in Houston, after the jump.


Company: Credit Union Department – State of Texas
Title: Financial Examiner IV
Location: Houston, TX
Experience: 3 – 5 years
Compensation: $50,000 – $70,000
Description: Professional examining position with the responsibility for conducting examinations of complex credit unions with persistent problems, in addition to routine examinations. Work involves examining and verifying financial and operating statements, analyzing and interpreting financial and statistical data, ascertaining compliance with applicable state and federal laws, rules, bylaws, and sound business practices, and evaluating management performance. Functions as the Examiner-in-Charge of large team examinations or provides oversight responsibility for a specific function of the examination. May be an examiner with extensive experience or expertise in one or more areas of the examination process, such as accounting, specialized lending, management consulting, or investments.
Responsibilities: Verifying the accuracy of accounting records and related financial statements; reviewing a sample of loan files to ascertain proper documentation and adequate procedures; reviewing board policies and verifying compliance; verifying investments and determining that investment policies are adequate and appropriate; verifying compliance with applicable sections of the Texas Finance Code, Commission Rules, and Bylaws; verfying compliance with other related laws or applicable federal regulations; and evaluating management effectiveness and internal controls.
See the entire description over at the GC Career Center and visit the main page for all your job search needs.

Accountant of the Decade Poll

Stella_rocknrolla.jpgPicking nominees for Accountant of the Decade was not an easy task and we hope we’ve presented you with some appropriate nominees. If you don’t like the any of them then you should’ve been more vocal during the nomination process.
Or put another way: piss off.
Personally, we would have nominated Stella but we vowed to let the people speak on this matter and not allow our personal preferences to cloud the democratic process.
The nominees are as follows:
Peter Olinto — CPA; JD; Rival of P. Diddy; CPA Exam Maven; Lover of mnemonic devices.
Tim Flynn — Chairman of KPMG; Servant of capital markets; Part-time caddy to Phil Mickelson; Full-time sweater vest buddy to Phil Mickelson.
Tim Gearty — CPA; Infrequent Tweeter; CPA Exam Maven; Kicks it with Bob Herz on boats.
Andy Fastow — Enron CFO; Book cooker; Asshole (so we hear); Inmate #14343-179.
David Friehling — Former partner at Friehling & Horowitz; Bernie Madoff pal; Worst auditor ever; Inmate #TBD.
Now vote.

Deloitte Changes Its Mind on Kohlberg Capital’s Ability to Value Its Investments

Thumbnail image for Thumbnail image for DTa.jpgA friend of GC pointed us to this 8-K filed by Kohlberg Capital Corporation yesterday. Unless we’re misinterpreting this, there are some seriously awkward conversations going on between Deloitte and Kohlberg right now (our empahsis):

Deloitte issued an unqualified opinion on the Company’s December 31, 2008 financial statements, which was included in the Company’s Annual Report on Form 10-K filed with the Securities and Exchange Commission on March 16, 2009. The Company is not aware of any allegation or belief by Deloitte that the information provided by the Company to Deloitte at the time of the preparation of the Financial Statements regarding the Company’s valuation methodology and procedures was incomplete or inaccurate or omitted any information requested by Deloitte at such time. On December 10, 2009, the Company and its management were advised by Deloitte that (i) the audit report issued by Deloitte accompanying the Company’s financial statements for the fiscal year ended December 31, 2008 in the Company’s Annual Report on Form 10-K for such fiscal year and (ii) Deloitte’s completed interim reviews of the Company’s financial statements for the interim periods ended March 31, 2009 and June 30, 2009 in the Company’s Quarterly Reports on Form 10−Q for those respective periods should no longer be relied upon because Deloitte had changed its position with respect to the appropriateness of the methodology and procedures used by the Company under SFAS 157 to value the Company’s investments as of the end of each of those periods and, as a result, the Company has been informed that Deloitte now believes, based upon such changed position and the additional information provided to Deloitte by the Company following Deloitte’s internal inspection process, that such Financial Statements contain material misstatements with respect to the value of the Company’s investments included therein. Accordingly, the Financial Statements should not be relied upon until the foregoing matters are resolved.

This filing followed up Kohlberg’s filing of an 8-K and form 12b-25 on November 9th to let everyone know, um, yeah, that Q is going to be late because Team D wants to take a look at this 157 stuff again. That was probably annoying enough.
But nowwwww it looks like the audit team spent the last month realizing that the pooch had been screwed on the last two 10-Qs annnnd last year’s 10-K. So yeah, don’t pay attention to the those filings. The one bright side to this is that Kohlberg had the sense to not file an unreviewed Q.
If you’ve got details on this, definitely get in touch with us, we’d love to know how the partner broke the news and how Kohlberg took it. The 8-K certainly doesn’t do that conversation justice.

Deloitte’s Latest Survey Reminds Everyone That Americans Like Vedging Out

couch.jpgDeloitte threw their “State of The Media Democracy” survey together for the fourth year in a row, and man are we glad they did. This latest opus informs us that TV is 34% of Americans’ favorite form of media and that it ranks in the top three for 70% of Americans. Viewing hours increased to almost 18 hours a week, up two hours from the same study last year.
The same survey also states that 60% of the U.S. Households have a gaming console including 70% of GenX households. So for many of you, after a long day of opining and complying, you like to go home and pwn some noobs.
Forget — for a minute — about what this reveals about Americans in general. What’s really important is that Deloitte is going out of their way to perform a survey annually that will remind all of us how lazy we are.
This is almost as helpful as as the reports based on World of Warcraft analysis. Keep up the good work, D.
Deloitte “State of The Media Democracy” Survey: Recession Intensifies America’s Love for TV [Deloitte.com]
Study: Interest in TV viewing on the rise [The Hollywood Reporter]

Preliminary Analytics | 12.16.09

Thumbnail image for Tim_geithner.jpg• U.S. gave up billions in tax money in deal for Citigroup’s bailout repayment – “While the Obama administration has said taxpayers are likely to profit from the sale of the Citigroup shares, accounting experts said the lost tax revenue could easily outstrip those profits.” Thanks Treasury! [WP]
• The Estate Tax Debate: Watch the Rate, Not the Exclusion – “In some perverse way, it’s fun to watch lawmakers dive into a mess largely of their own making. But as you do, don’t be distracted by the argument over the size of estates that should be excluded from tax, or whether the rules are extended for one year or two. The real argument is over the rate. That’s where the bucks are.” [Tax Vox]
• Lump of Coal: How to Deal With a Bad Bonus – Besides crying in the corner obviously. [FINS]
• Rajaratnam, Chiesi Charged in Insider Case – Raj is looking at 17 counts and a possible 145 years. All over a measly $20 million? Someone in North Carolina is unimpressed. [WSJ]
• SEC Mulls Surprise Audits For Investment Advisers – “Under the May proposal, the surprise audit would apply to about 9,600 of the 11,000 registered investment advisers including those who have physical custody and those deemed to have custody or the ability to deduct fees from their client’s assets.” [Reuters via NYT]
• EU Formally Ends Microsoft Antitrust Case – “The European Commission, the EU’s executive arm, agreed to abandon its case against Microsoft over whether the software giant is illegally abusing its dominance in the Internet browser markets without a fine, in return for a legally binding commitment from Microsoft to start marketing rivals’ browsers alongside its own Internet Explorer.” Doesn’t everyone hate Explorer now anyway? [WSJ]

Review Comments | 12.15.09

Thumbnail image for tax man.jpg• Why, Oh Why, Must Stimulus Come but Once a Year? – Namely, your tax withholding refund. Which you’re loaning to the government tax free for the rest of the year. [Tax Update Blog]
• Over 275,000 Federal Workers Are Tax Deadbeats – That seems about right. [TaxProf Blog]
• re: The Auditors Named One of 75 Best Business Blogs of 2009: Business Pundit – Congrats Francine! [RTA]
• The continuing Mary Kay Cosmetics con – “The reason why sites telling the “other side of the story” about May Kay is because the company’s success depends so heavily on half-truths, long-running myths, and outright deception.” [Fraud Files Blog]
• The Updated 990 – The Seminar Topic that won’t go Away (Thankfully!) [Nonprofit GPS]
• ‘Dreamliner’ Pilot: Composite Jet Is New, But ‘We Think We’re OK’ – Place your orders now. [NPR]

Is David Paterson Trying to Pander to CPAs?

DavidPaterson.jpgGood news haters of all thing red tape! There is a pesky little fee in New York that goes into effect on December 31 that will require all tax preparers to pay $100 and register with the state tax department.
In case you haven’t heard, Paterson and the rest of the crew up in Albany have a bit of budget shortfall on their hands and need every dime they can get. Well! Your trusty New York State Society of CPAs has lobbied their asses off and gotten you out of this particular case of government meddling:

A bill signed into law by New York State Governor David Paterson provides an exemption from the state’s new tax preparer registration requirements for CPAs, including those who hail from outside the state.
…
The New York State Society of CPAs had advocated for an exemption for all CPAs from the registration requirements and had earlier succeeded in getting CPAs who were licensed in the state from being subject to the requirements.

Those state society fees do get you something! Call them up and thank them. And thank the Guv, while you’re at it.
New York Exempts CPAs from Preparer Registration [Web CPA]

KPMG Prolongs the Agony by Releasing Just UK Revenue Results

Thumbnail image for 200px-KPMG.svg.pngThose of you that are dancing on one leg for KPMG’s global revenue results are going to have suffer with the anxiety for awhile longer. We know, we know. We’d love for the whole reporting season to limp into history but we have yet to hear Tim Flynn put his positive spin on this year’s revenue results.
Oh sure, we’re getting teased today by the UK firm and its European parent but this just prolongs the agony:

The UK firm saw revenues fall by 1.6%, to £1.63bn for the 30 September year end.
Profits fell 1.3% to £382m from £387m.
KPMG Europe’s revenues were €3.5bn, a 0.4% decrease on the previous year.
Its joint chairmen said the results were a “creditable performance”.
“We might have hoped for better economic conditions in our second year as a merged firm but rather than put our expansion plans on hold we have continued to pursue a whole range of strategic initiatives that will shape our performance over future years,” said John Griffith-Jones and Rolf Nonnenmacher.

Despite the disappointment Even with this creditable performance, Europe wasn’t without its problems, seeing the tax revenues drop 12%. No worries though, they promise to pull their weight 2010:

After suffering a 12% fall in tax revenues, Griffith-Jones said the service line was set to hold firm with the rest of the business next year.
“We resized the practice, and are fine where we are, [it’s performance] should be much more in line with the rest of the firm – it’s taken the pain.”

That’s the spirit! Lemons into lemonade. Now make with the band-aid ripoff method on these global results. Nobody’s expecting the world. Dump the press release, get a pep talk from TF and get back out there Kylnveldians. Here’s to 2010!
KPMG UK chief lines up modest 2010 growth [Accountancy Age]