Category: Deloitte

Marin County Adds ‘Racketeering’ to the List of Allegations Against Deloitte

Hell hath no fury like an obscure California county that feels completely gypped (to the point that they feel it’s fraudulent) by the largest professional services on Earth.

Marin officials fired another salvo in an escalating $105 million legal war with international computer consultants, filing a new lawsuit Thursday accusing them and a former county official of violating racketeering law in a bid to rip off taxpayers.

The new suit was filed against Deloitte Consultant LLP, software developer SAP and former assistant auditor-controller Ernest Culver, who served as project director of the county’s troubled computer installation before quitting to join SAP.

As you may recall, Marin County’s original suit against Deloitte for $35 million involved allegations of “fraud, misconduct and misrepresentation” which included using ‘neophytes’ on the implementation of the county’s ERP system. The new racketeering charges are especially interesting and the Marin Independent Journal has the details:

It alleges a conspiracy, asserting consultants wined and dined Culver and interviewed him for employment at the same time Culver was approving deficient work on the project, approving fee payments and helping line up new contracts.

“County taxpayers were charged for millions of dollars in services that Deloitte failed to properly perform” and residents were “defrauded of the honest services of a high-ranking county official,” according to County Counsel Patrick Faulkner.

Deloitte denied the allegations of the original suit, saying that Marin County was actually responsible for the snafu. However, and unfortunately for Deloitte, new shit has come to light:

Faulkner disclosed that the county has combed through its computer system to retrieve thousands of e-mails issued by consultants and Culver while they worked in county offices, providing a backbone for accusations leveled by the latest suit.

The complaint alleges six violations of the federal Racketeering Influenced and Corrupt Organizations Act by Deloitte and SAP, and three counts of illegal conduct against Culver, including a violation of the state anti-corruption statute.

So it doesn’t sound like there’s a smoking gun per se but enough back and forth that adds up to this:

The lawsuit, the county said in a press release issued late Thursday, claims that when problems with Deloitte’s work surfaced, Deloitte and SAP engaged in a “cover-up that included bribing Culver to falsely ‘approve’ Deloitte’s defective work, and silencing an SAP employee who tried to intervene on the county’s behalf.”

So, in other words, pretty bad stuff. The MIJ reports that “Settlement talks are expected and while the parties remain at odds, the latest court filing could spur negotiations.” Using our best translation skills, this more or less says, “Deloitte, SAP and Culver realize they’re fucked – begrudgingly – and will be going to the table any day now to sort things out.”

The Independent Journal also reports that SAP, Deloitte or Ernest Culver “could not immediately be reached.” Our own messages with Deloitte spokemen Jonathan Gandal and John La Place were also not immediately returned.

Marin County alleges racketeering in new lawsuit over computer debacle [MIJ]

Former Deloitte Employee and Burgeoning Adult-themed Mobile App Entrepreneur Annabel McClellan Appears in Court, Sans Husband

Hard to believe it’s almost been two weeks since we mentioned alleged insider trader/justice obstructer/swinger app developer Annabel McClellan but time sure flies when you’re facing criminal charges, amiright?

Annabel made an appearance in criminal court yesterday but sadly, her husband and alleged insider trading conspirator, Arnold, was nowhere to be seen. You could probably conclude that someone has to watch the kids, since no one in Pacific Heights is interested in being associated with the couple at this point.


From the Bay Citizen:

[O]n Tuesday, Annabel McClellan was very much alone in court. Previously, she surrendered her British passport and posted $250,000 bail. If convicted of the obstruction of justice charge, she could face five years in prison. Potential damages in the SEC case could exceed $90 million.

Nanci Clarence, Annabel McClellan’s attorney, told U.S. District Court Judge William Alsup that she would need several months to adequately review the documents that U.S. federal prosecutors have handed over. As of Tuesday, the number of documents stood at 47,000.

While it’s pretty unlikely that My Nookie, the aforementioned mobil app that appears to be a Wheel of Position Fortunes, gets much attention in the documents, we can always hope. The fact that this will keep the McClellans tied up in court for months and maybe years to come, goes without saying but Ms. McClellan’s attorney – acting in her client’s best interest – opted to go there:

“This is a fairly complicated matter,” Clarence explained to Judge Alsup, who will also be presiding over the related SEC case against both McClellans. Additionally, Clarence said, there are “very extensive parallel proceedings in the United Kingdom. That proceeding [will] generate its own extensive discovery” of evidence. Assistant U.S. Attorney Adam Reeves, who is prosecuting the case, did not object to the delay.

As everyone agreed on April 5 as the next court date in the case, Alsup addressed McClellan, dressed all in black, who had stood quietly before him for the duration of the hearing, saying, “Ms. McClellan, welcome to the court. See you back in April.”

*Photo: Drew Altizer Photography via The Bay Citizen

No WikiLeaks for Deloitte Peeps

Funny how slow TPTB were to react this (message is dated today). Assange isn’t even haunting our dreams any more. Nevertheless, NO. PEEKY. And if you’ve already taken a look, you need to report yourself, ASAP.

ALERT: New federal government guidance on accessing or downloading classified information

Published: 10-Dec-10

The following is a message from [redacted], chief quality officer.

In the wake of the recent WikiLeaks disclosures of U.S. classified information, the U.S. Office of Management & Budget (OMB) and the Department of Defense (DoD) published guidance that prohibits federal government employees and federal contractor personnel from accessing the WikiLeaks website to view or download classified information. As federal contractors, the Deloitte U.S. Firms and their professionals are obligated to protect the integrity of classified information.

This notice is designed to facilitate compliance with the OMB and DoD guidance. All personnel should note the following:

Despite the unauthorized public disclosure by WikiLeaks, the information disclosed retains its classified status. The decision to remove classified status must be rendered by a government classification authority. In short, the information remains classified in spite of any public disclosure.

The access or download of classified information could be determined to be a security violation that requires immediate remediation, including removal of such information from our systems. A security violation could pose risks to the operations of Deloitte’s Federal practice and could negatively affect our client service capabilities.

You should not attempt to access the classified information on the WikiLeaks website or any related website. If you previously visited the WikiLeaks site or any related website to view or download classified information, you should immediately report a “Federal DOS Incident” via 1 800 Deloitte (option 5).

If you possess a security clearance, keep in mind that you are personally obligated to uphold the requirements for appropriate handling and dissemination of classified information, as outlined in your respective Classified Information Non-Disclosure Statement.

If you have any questions, please send them by e-mail to [redacted: presumably someone inside Deloitte who is familiar with these sorts of things].

[redacted]
Chief Quality Officer
Deloitte LLP

Deloitte’s Sharon Allen Will Be Having a ‘Big Party’ to Celebrate Her Retirement

Sharon Allen has spent 38 years at Deloitte. Doing the math on that, it probably feels more like a millennia. Accordingly, Ms. Allen has decided to hang up her green dot and chillax in Pasadena (Q&A with Accounting Today and we’ve picked out some of the highlights, including yes, a par-tay.


For starters, Sharon is a closer!

It’s a good time to leave when you’re on a high. I feel very confident in future leadership and the direction of our organization, and I think it’s just absolutely the right time to turn the reins over to others and proudly watch them continue to lead the firm in a good direction.

There will be a retirement rager, natch.

I’m going to have a big party. Yes.

Retirement will involve quality time with the hubby (but not so much that he goes nuts) and leading the Village People.

First of all I plan to spend a lot more time with my husband, family and friends, but of course there will probably be a limit on how much togetherness he can stand.[…] I have already committed to becoming the chairman of the board of the national YMCA board, which is an organization I’ve been involved with for over 25 years. I’m sure I will find ways to keep productively busy.

In case you weren’t aware, she doesn’t have a Y chromosome.

I am proud of many firsts that are in front of the titles I have carried. I was fortunate to be the first woman to become an office managing partner, the first woman to become a regional managing partner, the first woman to be elected to the board at Deloitte, and that’s been some years ago now. But I have to say my proudest accomplishment, I believe, was to have been elected as the first independent chairman of Deloitte’s board of directors. We separated our chairman and CEO role and created a full-time independent executive chairman of the board. It is an elected position by our partners, and I was very proud to be elected to that role. I always say, “Oh, by the way, I’m a woman.” It’s a very important distinction for me.

She’s more like you than you think – she got passed up for a manager promotion because her supervisor was clueless!

[P]erhaps one of the most important challenges that I had as I was coming up through my career also turned out to be one of my best lessons. That was when I was about four years into the firm and I expected an early promotion to manager, and I was passed over for that promotion. Interestingly, as I walked into my supervisor’s office and clicked off all the reasons why I thought I should have had the promotion and had earned it, he kind of sat back in his chair and looked at me and said, “I didn’t even know you did all those things.”

What about this boys club mentality?

I do think that there still is an underrepresentation of women in senior leadership in business generally and certainly in the board room of corporate organizations today. I do believe that organizations need to examine how they are recruiting, how they assure women are proportionally given the best assignments.

You know, back in the day, we basically had to come to work in drag.

There is a very big difference between today’s women and women of my era when I started in the profession because, in those days, honestly, you almost had to pretend there were no differences. I came up in the business world of wearing a suit and a little bow tie and trying to dress like the men and, of course, fortunately, men and women both can acknowledge the difference and benefit from that.

Leave Sharon your well wishes (or food and entertainment requests) below and if you get invited to this party, email us the pictures.

Insider Trading Charges Throw a Wrench into Former Deloitte Employee’s Plans for Sexy Mobile App

[caption id="attachment_22306" align="alignright" width="260" caption="Drew Altizer Photography via The Bay Citizen"][/caption]

Having a nice Friday evening, Going Concern faithful? Wonderful. Ordinarily, we would leave you to your weekend activities but something came to our attention that simply couldn’t wait.

Earlier in the week, we told you ��������������������, the former Deloittians who were charged with insider trading by the SEC. Arnold and Annabel were giving tips to Annabel’s sister, Miranda Sanders, and her husband, James, who traded on the information. The SEC alleges that the scam amounted to approximately $23 million in gains for everyone involved.

For all intents and purposes, Arnold McClellan probably was your run-of-the-mill tax partner at Deloitte until he opted to use his insider knowledge to make some money for himself and his in-laws. Likewise, you might expect that Annabel was just a humdrum Deloitte employee who landed a partner (he’s 13 years her senior) who got involved in a insider trading scam. But someone sent us a link to a report in the Bay Citizen that informs us that she had a very interesting venture in the works.

You see, Annabel left the firm (exactly when, is unclear) after working in the London, San Jose and San Francisco offices and presumably was ready to be a stay-at-home mom. When that became monotonous, she and a friend figured they would take their interest in knockin’ boots to launch a mobile app called “My Nookie.”


The website for the app has been taken down but the Bay Citizen was able to get a lot of the details:

The “about” tab for McClellan’s website details a vision for a new kind of social networking site:

My Nookie

Friends love to talk about sex and My Nookie is the app your sex life and social life can’t be without. Journal and rate your partners and sexual encounters. Share sexperiences with your closest friends, take sexting to the next level and relive your rendezvous with those five star partners.

Fun and tasteful with activity illustrations, My Nookie is fully loaded with features to flirt, play, tease and share. Feeling adventurous? Shake your phone and dare to try something new. Keep it handy on your iPhone because you never know …..

Features:

• Detailed diary of your sexual activities with date, partner, location, ratings and notes

• Partner contacts with profile, including photo, rating, activities performed, notes and tally

• Sex activity illustrations and descriptions, with the option to add your own

• ‘Shake It’ feature which suggests an activity to try

• Personal profile with ‘nookie’ summary

• Share all or some of your entries, partners, and profile

• Send a sexy invite to a partner or potential partner with alluring pictures

• Email, text or call your partners right from the app

What happens in My Nookie stays in My Nookie with optional pass code lock and discreet mode.

The Bay Citizen reports that My Nookie isn’t available in Apple’s app store (frankly, we’ll be surprised if passes Steve Jobs’s sniff test) but they have some screen shots (examples are on the following pages).

Unfortunately, now that Annabel has legal troubles to contend with, the Citizen reports her partner in the My Nookie venture, Milly Hanley, has taken over the project entirely. Arnie’s lawyer stated that he wasn’t involved with this venture while Annabel’s counsel simply stated that My Nookie was unrelated to their involvement and referred the Citizen back to Ms. Hanley who claims she can’t recall how she met Annabel.

The story around the McClellans is even weirder the more we poke around. Andrew Ross quotes a source in the San Francisco Chronicle:

“While they’ve been described as socialites, they’re definitely not at the top of that heap. I think a more apt description is they were attempting to scale the social heights.”

According to a report Wednesday in the online Bay Citizen, “in recent weeks, citing vague legal troubles, the couple had told friends that they were considering moving their family, which includes two school-aged sons, to South Africa.”

Perusing around a little bit more, Annabel’s Facebook page seems pretty locked up (definitely not accepting new friends) and we found the blog “My Nookie” which has the same feel as the mobile app and was started by “three friends in our 30s and 40s,” the third woman possibly being Jeanette Harris, who, the Citizen article states, hosted a benefit last year with the other two women.

From the blog’s “About Us” page:

We’re three friends in our 30s and 40s who realized that somewhere between meeting our husbands and getting married, we clammed up when it came to talking about our sex lives. MyNookie.com is where we can open up about everything we’re thinking about when it comes to sex and sexual health. And it’s where you can turn to for creative solutions and accurate information—because sex is too important to feel like you’re missing out.

Sure sounds like it could be our three amigas, doesn’t it? So with these developments, this story has gotten exponentially more interesting. We invite anyone with knowledge about the situation to email us and we’ll keep you updated as we learn more. Oh, and be sure to leave your thoughts on the app in the comments. Ms Hanley is probably looking for feedback.

(UPDATE 2) SEC Charges Deloitte Tax Partner with Insider Trading

~ Update includes clarification of partner’s employment status and statements from accused’s attorneys via MarketWatch.

~ Update at circa 7:20 pm ET includes statement from Deloitte

If you thought all this insider trading fun was just for hedge funds you would be sorely mistaken. Deloitte seems to have another case of a partner who can’t seem to control himself when he gets some insider info. Earlier this year, former Deloitte Vice Chairman Tom Fla> shelled out $1.1 million to settle charges with the SEC.

This time around, it’s still a family affair – husband, wife, wife’s sister and brother-in-law job – and it went overseas:

The Securities and Exchange Commission today charged a former Deloitte Tax LLP partner and his wife with repeatedly leaking confidential merger and acquisition information to family members overseas in a multi-million dollar insider trading scheme.

The SEC alleges that Arnold McClellan and his wife Annabel, who live in San Francisco, provided advance notice of at least seven confidential acquisitions planned by Deloitte’s clients to Annabel’s sister and brother-in-law in London. After receiving the illegal tips, the brother-in-law took financial positions in U.S. companies that were targets of acquisitions by Arnold McClellan’s clients. His subsequent trades were closely timed with telephone calls between Annabel McClellan and her sister, and with in-person visits with the McClellans. Their insider trading reaped illegal profits of approximately $3 million in U.S. dollars, half of which was to be funneled back to Annabel McClellan.

The UK Financial Services Authority (FSA) has announced charges against the two relatives — James and Miranda Sanders of London. The FSA also charged colleagues of James Sanders whom he tipped with the nonpublic information in the course of his work at his London-based derivatives firm. Sanders’s tippees and clients made approximately $20 million in U.S. dollars by trading on the inside information.

So not a bad haul. The kicker is, Annabel was also employed at Deloitte, working in the London, San Jose and San Francisco offices. The McClellans provided information to the Sanders on several companies including Kronos, Inc., aQuantive, Inc. and Getty Images.

The SEC brass gave their standard scolding. First, Enforcement Chief, Robert Khuzami, “The McClellans might have thought that they could conceal their illegal scheme by having close relatives make illegal trades offshore. They were wrong.”

And San Fran Director Marc Fagel, “Deloitte and its clients entrusted Arnold McClellan with highly confidential information. Along with his wife, he abused that trust and used high-placed access to corporate secrets for the couple’s own benefit and their family’s enrichment.”

But the real story here is the second instance of insider trading charges against a Deloitte partner this year. The firm successfully sued Tom Flanagan back in January but you have to wonder if there isn’t some flaw with the firm’s internal oversight. Not long after the Flanagan suit, we reported on the 475 reprimands for internal noncompliance in 2009. Those reprimands did not mention insider trading specifically but over 200 of them were related to independence violations. Pattern? You can weigh in below.

Anyone with any knowledge on this story is invited to get in touch with us. as it is not clear if there has been any internal repercussions yet. Messages (including voicemail, carrier pigeon and morse code) left with Deloitte have not been returned (see statement below).

UPDATE: McClellan’s attorneys are not amused by the SEC’s little stunt:

Lawyers for Arnold McClellan denied charges Tuesday by the Securities and Exchange Commission that the former Deloitte Tax LLP partner was involved in a big insider trading scheme. “Arnold McClellan denies the SEC’s claims and will vigorously contest them,” Elliot Peters and Christopher Kearney of Keker & Van Nest LLP said in a statement on behalf of McClellan. “He did not trade on insider information, and there will be no evidence that he passed along any confidential information to anyone.” McClellan “had no financial incentive to commit the actions alleged,” the lawyers added. “He is a conscientious, law-abiding professional with a 23-year unblemished track record of client service at Deloitte to prove it. We will see the SEC in court.”

And just to clarify, McClellan is no longer with Deloitte, leaving the firm in June of this year. Deloitte spokesman Jonathan Gandal emailed us the firm statement (see below) still hasn’t returned our call (busy day, right?) but managed to give a statement to and was quoted by Reuters, saying that he was “shocked and saddened” by the allegations and “If the allegations prove to be true, they would represent serious violations of our strict and regularly communicated confidentiality policies.”

UPDATE 2: Here is the full statement from Deloitte:

“We are shocked and saddened by these allegations against our former tax partner and members of his family. If the allegations prove to be true, they would represent serious violations of our strict and regularly communicated confidentiality policies. Deloitte is committed to safeguarding non-public client information and has cooperated with the SEC throughout its investigation. The SEC does not allege any wrongdoing by Deloitte in this unfortunate matter.”

Complaint_Deloitte

Roland Berger Tells Deloitte to Drop Dead

Last week we mentioned that Deloitte and Munich-based Roland Berger were talking about getting cozy with both firms sounding pret-tay excited about the future. Turns out, no one had asked the Roland Berger partners how they felt about the whole situation.

Plans to merge Roland Berger Strategy Consultants with Deloitte Touche Tohmatsu have fallen through after the Munich-based firm rejected the advances.

The two had been in advanced talks but directors at Berger overwhelmingly voted to remain independent.

Talks between the two firms had progressed so far it is believed they had already decided upon a new chief executive and were examining possible regulatory hurdles.

Over at the Financial Times, Adam Jones reminds us that this is a big wrench in Deloitte’s McKinsey-slaying plans, “[Roland Berger’s] decision to continue to go it alone is a blow to Deloitte’s ambition of eclipsing McKinsey in the market for strategic managerial advice.”

It’s a strange turn of events to be sure after last week’s PR lovefest but the FT reports that the Roland Berger was willing to put up his own cash to keep the green ink out of his firm:

Roland Berger said the vote to remain independent had been carried with a majority of “close to 100 per cent” on Saturday.

It added that partners in the firm – including Roland Berger, its founder – had agreed to put in more money to support the renewed go-it-alone plan.

People close to the deal talks suggested Mr Berger had agreed to invest about €50m ($68.5m) to help fund its expansion as a standalone business.

That’s not so much of a “No.” as it is a “Hell no.”

Deloitte Is Eyeing Some Germans

Namely, Roland Berger Strategy Consultants based out of Munich.

Supposedly the two will have their minds made up sometime next month but by the sounds of it, the two companies are flippin’ stoked about the possibilities:

“A merger opens up a unique opportunity for growth for both firms,” [Deloitte Germany Chief Executive] Plendl said.

Roland Berger confirmed the talks.

“Discussions with Deloitte are taking place to open new and fascinating growth prospects for our company,” Roland Berger Strategy Consultants said in an e-mailed statement today.

While that’s what is going in the foreground, Adam Jones over at the Financial Times was so bold to suggest that this just another step in Deloitte’s quest to “overtake McKinsey as the market leader in strategic advice for managers.”

Now we hadn’t heard about this McKinsey-slaying goal prior to today and it seems a little credulous to think that Deloitte is jockeying with McK, especially when you consider the domination of McKinsey in the eyes of those who work in the industry.

However, on paper Deloitte derives $7.5 billion from its consulting business which is nothing to sneeze at. Considering that and the fact that they haven’t exactly made their desire for mergers a secret, Deloitte this very well could be a step in earning another #1 notch in their belt (with matching suspenders).

Jim Quigley Would Really Like It if the Big 4 Could Audit in India

Deloitte is hiring about 3,000 people in India as part of their hiring bonanza and global CEO Jim Quigley dug into his bag of boilerplate statements to express his excitement:

“India is an extremely important market for Deloitte. As…Opportunities in the new economic environment emerge in India, Deloitte with its focus on hiring, developing, and deploying the best talent in the region, will help clients capitalise on these new market initiatives,” Deloitte Global CEO Jim Quigley told reporters here.

Right. So nothing new there. However, Quigs thinks that it’d be really swell if TPTB in India would change their mind about letting the Big 4 provide audit services there:

Quigley also made a case for India to open up its market and allow global audit firms to practice here, besides providing consulting and advisory assistance.

Allowing international accounting firms to practice here would require India to negotiate and allow the service to be accessed under the World Trade Organisation (WTO). At present, India has not opened up services like audit and law for foreign practitioners.

“I urge the Indian authorities to give a serious thought to allowing global audit firms to practice here. It is for the betterment of accounting professionals. A mutual recognition is required out of foreign direct investment,” Quigley said.

See? It’s not just about the biggest firm in the known universe getting bigger, it’s for the betterment for the entire accounting race. There’s so much fun to be had. The Satyams of the world are once in a blue moon.

Higher-ups at Deloitte Aren’t Sure Why Employees Are Still in ‘Shock Mode’ From the Last Few Years

All the good times at the Deloitte – Jim Quigley on the teevee, surprise raises, leaving PwC in the dust – hasn’t gotten green-dot morale to acceptable levels.

Accordingly, some of the senior partners in the advisory practice have taken it upon themselves to remind everyone how things are turning around.

From a green-dot familiar with the situation:

There has been an up-tick in senior partner communication recently – mostly in the form of mass e-mail communications, published “Your Questions Answered” videos and in-person “Straight-Talk” sessions – seeming aimed at reassuring the masses that Deloitte’s on its way to the promised land. The message is pretty clear that we’ve survived the recession, are hiring like crazy, are bringing in new business at a solid clip and that we’re spanking our competition (i.e., need to look into the rear-view mirror to find PwC and gang).

This, of course, is in contrast to what we in the trenches feel; that our compensation isn’t mirroring our level of output, that we can’t staff engagements because we don’t have enough resources and that all of our friends are leaving for our competitors. This disparity is acknowledged by the partnership; and at least at one straight talk session, we were told that they can’t figure out why we don’t see the light. It was then proposed that we’re still in “shock mode” because of the last few years; but this observer thinks it’s more that we’re working so hard to produce results for the partners that we can’t see the light because the only free time we have is the few hours of twilight that exists each day – and that’s for sleeping (or other creative stress reducing activities ).

Btw, not sure what you’re hearing; but in my group-region alone, I know of 8 people who have left in the last month (the group-region is about 120 people).

Okay then – so it boils down to either being in “shock mode” or your terrible attitude. Share your position on the matter and what camp you fall into below.