Author: Caleb Newquist

Founding editor, Going Concern.

(UPDATE) Is the PCAOB Going the Way of the Dodo?

Dodo_bird.jpgWho knows? Our separation-of-powers principles knowledge is pretty much zilch. However, the PCAOB is currently “doubly insulated from both political pressure and presidential oversight” which some – including the Plaintiff in the case, First Free Enterprise Fund – think is unconstitutional.
The case, First Free Enterprise Fund v. PCAOB, will be argued during the new session of the U.S. Supreme Court on December 7th. Here’s the take of our sister site, ATL, last year when the possibility of the SCOTUS hearing the case first came up.
More, after the jump


We won’t rehash the whole immaculate conception of the PCAOB, as you’re all familiar with that story. First Free Enterprise Fund v. PCAOB, however, could make things interesting: “This case has the potential to undo the SOX accounting and auditing reforms. As such, the result may impact not just the auditing profession, but also every public company as well as the users of financial statements of those companies.”
‘Undo SOX accounting and auditing reforms’? That sounds kinda serious. We won’t go so far as to suggest that you start forgetting everything that you’ve been trying to get your heads around for the past seven years, but there’s at least a possibility that the PCAOB could become extinct. That could be exciting, or it could make you completely f*cking miserable again.
New Court Term May Give Hints to Views on Regulating Business [NYT]
The Supreme Court Term – Significant Cases for Business [SEC Actions via JDA]
Supreme Court Obsessed With Business This Session [Law Review]

PwC Global Revenue Was Down or Flat, Your Choice

Thumbnail image for Thumbnail image for Thumbnail image for pwclogo.thumbnail.jpgThe spin continues in accounting firm earnings season, this time courtesy of P. Dubya. The Firm reported global revenues of $26.2 billion, according to today’s press release. This was down from fiscal year 2008 by approximately $2 billion from $28.2 billion in global revenues when adjusted for foreign exchange fluctuations.

Assurance services increased slightly, rising 4.8% while tax and advisory revenues both declined 7.5% and 11.4%, again, when considering the foreign exchange fluctuations.

North America’s revenues held up well, only dropping 3.2% ($9.3b to $9.0b) while Western Europe, PwC’s largest region in terms of revenue, had a 11.6% drop in revenues. The drop for this region was primarily due to the strength of the U.S. Dollar.

Denny Nally remains stoic despite Satyam the challenges out there:

“The past 12 months have been challenging for our network, with most PwC member firms facing tough economic conditions. While PwC’s results for FY 2009 are not as good as we would have liked, they have held up well in the circumstances,” said PwC Global Chairman Dennis M. Nally. “In addition the combination of first rate customer service and very competitive pricing has allowed us to increase our market share in many of our markets around the world.

“The ability of so many PwC member firms to successfully sustain their business and their people through this difficult period provides us with a strong platform from which to serve clients in the recovery and to continue to invest in our own growth. While we cut our costs substantially, the PwC network also hired about 30,000 new people and increased its total workforce to more than 163,000 demonstrating a commitment to attracting the right people to serve clients around the world.”

Data for number of employees in fiscal year 2009 isn’t up yet on the global website but we’ve got no reason to not believe Denny when he says that they’re attracting the right people and getting rid of people that cost too much.

Discuss the revenue results and Denny’s vision of the ‘PwC Experience’, which is probably nothing like an acid flashback, for the future in the comments.

PricewaterhouseCoopers* post FY2009 global revenues of US$26.2 billion [Press Release]

*PwC just wants everyone to know that there’s this thing called PricewaterhouseCoopers International Limited (PWCIL) that doesn’t provide services to clients and doesn’t act as an agent for the member firms. PWCIL is NOT LIABLE for anything that these member firms f*ck up because that’s just ridiculous. If they screw the pooch, they are TOTALLY ON THEIR OWN. Don’t come crying to us about an audit failure because we will deny ’til we die. This has nothing to do with Satyam, btw. It doesn’t. We swear.

If KPMG Had Just Made Her Feel Like a Prostitute, They Would Have Gotten Off Way Cheaper

8ball.jpgKPMG has been ordered to pay £45,000 to a former employee who failed The Institute of Chartered Accountants in England and Wales’s (ICAEW) computerized qualifying exams due to her dyslexia.
According to Accountancy Age, “[Dhrupa] Bid failed her first exam and was given permission by the firm to defer her retake so that a dyslexia assessment could be obtained from the ICAEW. She was warned by the firm if she failed she would have to be dismissed.”
More, after the jump


Previously, Ms. Bid had taken paper exams scoring in the 80s before taking the computerized exam and scoring 40% lower. She only found out that she had dyslexia until after she had failed the exam the second time. Her condition warranted her to an extension of time and to be given a paper exam.
It seems a little odd that she would take the exam again and fail, before finding out she had dyslexia since she was allowed to defer her re-take of the exam to determine if she had dyslexia.
Maybe the ICAEW was dragging on the assessment or KPMG didn’t have the patience to wait for the results but since Ms. Bid failed the second time she has had to return to Kenya since she no longer held a work visa.
KPMG issued the following statement:

“KPMG believes it acted properly and fairly at all times and did what was required of a responsible employer in supporting Ms Bid once the probability of her having dyslexia was made known to us.”

What’s not clear is whether the Radio Station would have preferred paying out less in damages and ended up being perceived as a pimp. Pretty tough call but it looks as though shelling out the additional £45,000 was worth it to the Firm.
The bright side for Ms. Bid is that she wasn’t made to feel like a prostie and she got paid way better than one too. Silver lining people. Silver lining.
KPMG forced to pay £45,000 in discrimination case [Accountancy Age]

Preliminary Analytics | 10.06.09

bowling.jpg• Burned Bondholders Demand Movie, Bowling Alley Claims for Junk – “Blockbuster Inc. sold $675 million of debt on Sept. 17, agreeing to pay a 15.2 percent yield and pledge movies and video games as collateral. Brunswick Corp. used its bowling alleys and headquarters in Lake Forest, Illinois, to back a $350 million bond sale in August.” [Bloomberg]
• United States calls for rigorous IMF surveillance – ‘Cause were sure as hell not able to do it, TImmay [Reuters]
• PwC asks: When will banks learn? – Around the same time as accounting firms, probably. [Reuters]
• Justices Turn Down Appeal From Qwest’s Nacchio – Does this mean that this story is over? [Reuters via NYT]
• United Airlines to get $35.8 million in city incentives for Willis Tower move – Deloitte should have held out. [Chicago Tribune]

Review Comments | 10.05.09

Thumbnail image for barneyfrank4.jpg• U.S. bill exempts firms from derivatives rules – Barney Frank. On it. [Reuters]
• For Whom Do The 47% Who Pay No Income Tax Vote? – One guess. [TaxProf Blog]
• The social media guru – Headphones. NSFW if you like to crank the volume. Or just risk it. Whatever. [AccMan]
• The AICPA is Drinking Ben Bernanke’s Kool Aid – C’mon the recession is basically over people. Name change! [JDA]
• Phishing attack targets Hotmail – Commence panic. [BBC]
• Bernanke Pressures Big Banks, But Are More Bailouts Coming? – Sure, why not? [NPR]

MySpace, Trying to Remain Relevant, Hires a CFO

Thumbnail image for panic.jpgMaybe it won’t help but at least they hired one. There may be something to the strategy of not having a CFO but we’ll be damned if know what that is. Hey, if you’re making money hand over fist and getting the checks cut on time, who gives a damn, right?
Unfortunately for MySpace, their ever-shrinking market share has maybe gotten to the point where some semblance of a financial strategy may be necessary. Enter Mark Rosenbaum who will surely help turn this ship around. Or maybe not, who knows. Good luck man.
MySpace Hires Finance Chief [WSJ]

Is AMC Auditor Shopping?

popcorn.jpgMaybe! But the movie theater company did dump PwC on October 1st according to a filing with the SEC after just two years.
According to the filing, P. Dubs had only been engaged as AMC’s auditors for the last two fiscal years (4/3/08 and 4/2/09) and the audit committee decided that KPMG will now get the pleasure of opining, also effective on October 1st (congrats, we guess?).
As is typical in these auditor swaps, AMC’s filing states that they had no disgreements with PwC “on any matter of accounting principles or practices, financial statement disclosure or auditing scope or procedure.”
We’d like to think this came down to a PwC partner making some sort of stand against the asinine concession prices that are borderline unethical but that’s just our personal vision. If you’ve got your own ideas about the reasons for the dismissal, discuss them in the comments.
AMC Entertainment hires KPMG to replace PricewaterhouseCoopers [Kansas City Business Journal]

The IRS Will Pay You for Snitching but You Better Have a Big Fish and Don’t Mind Waiting

IRS_logo-thumb-150x140.jpgRecently we discussed snitching on tax cheats in the UK and we speculated that tax rats Stateside would be less common because of the increasing trend of hating (or just plain killing) on the Federal Government.
Well, we were dead wrong. Since Congress passed the Tax Relief and Health Care Act of 2006, the payouts to whistleblowers increased from a maximum of 15% of the recovered proceeds to a maximum of 30%. So far the temptation is working as tips to the IRS have increased to 476 for the latest fiscal year (9/30) compared to just 116 in the previous year.
Continued, after the jump


The catch is that the IRS doesn’t want to hear about your elderly neighbor that’s running numbers out of their basement for extra cash. No, they want the serious scofflaws, according to the Tax Girl, “the tax, penalties, interest, additions to tax, and additional amounts in dispute must exceed $2 million for any taxable year (that’s the sother restrictions also apply).”
So if you crunch the numbers, you can see there’s plenty of motivation to flip on someone if you know they are a tax dodger. Problem so far is that because of the boring arcane nature of tax law and the swiftness of the American court system, not one payout has occurred to date.
Plus, the law isn’t exactly encouraging the most honest of folks to come forward when you consider that Joe Francis’s accountant ratted him out only to be accused of shenanigans himself. And as Joe Kristan points out, “…there is always something creepy about the IRS being able to horn in on confidential client-professional relationships…”
The IRS probably isn’t worried too much about who gives them the information, just as long as they get it, so they’ll probably make a run at this with an imperfect system and with sources of questionable motivation for the time being.
If You Pay Them, They Will Come [Tax Girl]
Informant Program Spurs IRS Whistleblower Tips [Web CPA]
30 Pieces of Silver or 30 Percent of the Gross [Roth & Company, Tax Update Blog]

KPMG Comp Discussions: Mid-Atlantic Says ‘No topic is off-limits’ and Possible Cuts in the Midwest

We’ve heard of at least one instance in the Detroit office where a manager’s pay was cut approximately 4%. At this time, it’s not clear if it will affect the entire Midwest region or just the Detriot office, so let us know the details for your office, regardless of location.
Meanwhile in the Mid-Atlantic, we received the text of an email that states that “no topic is off limits” in the comp discussion, which will hopefully invite some colorful discussion. If any other regions have a similar communiqu&eacute, kindly pass it along. We love reading emails. The text of the email that lists things that you should be prepared to discuss, appears after the jump.

During the week of October 4, our Midatlantic area Audit partners will be conducting Project Future discussions to address your individual compensation as well as personal and professional growth opportunities at KPMG. Project Future is an initiative that allows you to discuss various topics with firm leadership.
While the current state of the economy is on everyone’s mind, I encourage you to take this opportunity to share your experiences, interests, and short- and long-term career goals. You should also use this time to discuss the firm’s plan for growth, including new client opportunities and recent wins.
Remember, no topic is off-limits during the Project Future meetings, so bring your list of items to discuss. Here are a few items you should be prepared to talk about:
• Compensation
• Future engagement assignments, including your utilization, chargeability, and overtime hours
• Industry and career interests
• Your experience working for KPMG
• Personal and professional growth
• Tips on how to build a great career at KPMG
• Sabbatical program
• Promotion outlook
During the week of October 4, your assigned Project Future partner will contact you to schedule a convenient time to meet. If you don’t hear from your partner, please contact your local HR manager.
This is the fourth year we have conducted Project Future discussions, and I hope you continue to find value in meeting with your partners.
Thank you.

If you’re more comfortable discussing the points above here, please do so in the comments. And if you’ve got other suggestions of what you’d like to discuss, or care to expand on “Project Future” mention them as well and of course, share your euphoria or lack thereof with us after your sit-down.

Apparently $2 Mil Is Enough to Keep Deloitte in Dallas

DTa.jpgEarlier this year, the Deloitte Dallas and Irving offices were ready to copulate and move the combined digs to Irving. Apparently this was going to save the two offices bookoo dollars.
Problem for the City of Dallas is that if a big shot spendy tenant like Deloitte bolts, Dallas’s Central Business District would not be good, especially since the vacancy rate is already high. The City pondered this and came to the conclusion that offering Deloitte a $2 Million “economic development grant” should convince them that moving to Irving is the WORST IDEA EVER.
More, after the jump


Not quite sure what Deloitte will do with that money (our suggestion is for more donut giveaways) but here’s the back scratching they’ll do for the City, according to the Dallas Observer:

Subject to City Council approval of the proposed economic development grant, Deloitte LLP has agreed to execute a 10-year lease extension at 2200 Ross Avenue (Chase Tower) beginning 2011 and will:
•Commit to maintain a minimum of 1,111 jobs at this location
•Ensure approximately $19.9 million is invested for tenant improvements

So it looks like Deloitte is down for this but we’re not exactly sure how they came up with 1,111 for the minimum number of jobs. At the very least, it’s kind of a cool looking number.
Regardless of the figures, we doubt that Deloitte would be taking the $2 mil if wasn’t going to be a good deal for them. So greasing Deloitte to keep them in Dallas seems to be a good deal since, “[the City of Dallas] believes the $2 million investment will yield $31 million in ‘net city fiscal impact.'”. So, yeah. Not too shabby.
However, we’re guessing that more than a few people in Irving that might be a little bent out of shape about this, so if you’ve got any more information on this deal, let us know.
When Deloitte Did the Math, It Needed $2 Mil From Dallas, Or Else It Was Going to Irving [Dallas Observer]

Former KPMG Partner Sues Firm for $30 Million

prison.jpgThis whole tax shelter problem for KPMG is back from the dead, as a former partner who was indicted and later exonerated of the charges has sued the firm for “attorney fees, lost wages, and future earnings,” according to the L.A. Times.
David Greenberg’s lawsuit alleges that “[he] was singled out as a rogue employee to cover up the company’s own widespread practice of tax evasion and conspiracy. The suit says KPMG publicly accused Greenberg of committing crimes and allegedly tried to divert attention from its illegal practices.”
So, yeah, that kinda sounds ugly. Nineteen people were originally indicted in 2005 for the tax shelter schemes and the lawsuit alleges that Greenberg is the only person whose legal fees have not been paid by KPMG. He also claims that he’s still being named in lawsuits and has amassed $10 million in legal fees. Dude’s probably a little pissed.
Continued, after the jump


Natch, KPMG isn’t amused by the whole accusation of ‘widespread practice of tax evasion and conspiracy’ and released the following statement:

“The claims throughout this lawsuit are baseless,” KPMG spokesman Dan Ginsburg said. “We will use all appropriate measures to defend ourselves…This lawsuit attempts to revive issues that are long dead,” Ginsburg said. “Mr. Greenberg released KPMG from any obligation to pay his legal expenses in a 2003 agreement which has been upheld by the court.”

Hell, if that’s true, then this thing should get thrown out, no prob, right? WTFK really but it’ll be fun following how nasty this gets.
Oh and just for fun, Greenberg is suing for an additional $20 million for “…defamation and emotional distress from spending five months in jail.” Not sure where Greenberg did his time but if the digs qualify as PMITA prison, then $4 million a month is probably fair.
We realize that it’s still early in LA for a Monday but if you’ve got insider information on this story, shoot it our way. You know, the ugly stuff.
Former KPMG partner sues accounting firm for $30 million [Los Angeles Times]