SEC Not Amused By Deloitte’s Failure to Produce Documents Related to Company That Held Their Audit Workpapers Hostage

Remember Longtop Financial Technologies? Deloitte resigned as auditors of the Chinese company back in May after LFT took some actions that were, shall we say, unusual for an audit client. Among them, “interference by certain members of Longtop management in DTT’s audit process; and […] the unlawful detention of DTT’s audit files.” And there may be some financial statement fraud going on, to boot. What’s even slightly weirder is Deloitte’s resignt to Longtop’s Audit Committee that laid out the specifics:

[A]s a result of intervention by the Company’s officials including the Chief Operating Officer, the confirmation process was stopped amid serious and troubling new developments including: calls to banks by the Company asserting that Deloitte was not their auditor; seizure by the Company’s staff of second round bank confirmation documentation on bank premises; threats to stop our staff leaving the Company premises unless they allowed the Company to retain our audit files then on the premises; and then seizure by the Company of certain of our working papers.

Right. The auditors-almost-taken-hostage situation. Quite a doozy, this one. Based on the history between Deloitte and Longtop, one would think that Green Dot would jump at any chance to exact a little revenge on these shady bastards. NOPE!


From the
crack squad at the SEC:

The Securities and Exchange Commission today filed a subpoena enforcement action against Deloitte Touche Tohmatsu CPA Ltd. for failing to produce documents related to the SEC’s investigation into possible fraud by the Shanghai-based public accounting firm’s longtime client Longtop Financial Technologies Limited.

According to the SEC’s application and supporting papers filed in U.S. District Court for the District of Columbia, the SEC issued a subpoena on May 27, 2011, and D&T Shanghai was required to produce documents by July 8, 2011. Although D&T Shanghai is in possession of vast amounts of documents responsive to the subpoena, it has not produced any documents to the SEC to date. As a result, the Commission is unable to gain access to information that is critical to an investigation that has been authorized for the protection of public investors.

“Compliance with an SEC subpoena is not an option, it is a legal obligation,” said Robert Khuzami, Director of the SEC’s Division of Enforcement. “The ability of the SEC to conduct swift and thorough investigations requires that subpoena recipients promptly comply with that legal obligation. Subpoena recipients who refuse to comply should expect serious legal consequences.”

Maybe the email/hand-written letter sent by carrier pigeon (whatever method of communication the Commission is using these days) got lost OR maybe no one at Deloitte Shanghai was in the translating mood that day but it seems slightly strange that Deloitte would just blow this off especially since Longtop screwed them 70 ways to Sunday. Of course these documents could show that Deloitte was really a bunch of pansies and we’re letting LFT run the show until the gross negligence got to the point that they simply couldn’t ignore it anymore. It’s anybody’s guess, really.

UPDATE: The Journal reports that Deloitte claims to be “caught in the middle of conflicting demands by two government regulators,” which could be seen as extremely convenient.

SEC Files Subpoena Enforcement Action Against Deloitte & Touche in Shanghai [SEC]
Court Filing [SEC]
Also see: S.E.C. Asks Court to Force a Release of Papers From China [NYT]

KPMG Can’t Get Rid of the Countrywide Rash

As you probably remember, Countrywide Financial once owned a lot of shitty mortgages. This wasn’t clear to many of the company’s investors so when the things turned sour, lots of those investors lost boatloads of money and then Bank of America came in to pick up the scraps. KPMG was the auditor of Countrywide and the shareholders sued both companies because, gosh, that’s basically what happens when a bunch of money is lost for no good reason and you had a front row seat for the action. Accordingly, the two firms settled with CTW shareholders last year for $624 million. KPMG, for its part, chipped in $24 million. That’s rumored to be in the ballpark of what John Veihmeyer spends every year on Notre Dame gear, so the firm was probably thinking it got off pretty easy. Unfortunately, things are just getting started since other countries hadn’t had a chance to jump into the mix.


From Zero Hedge:

Norway’s Government Pension Fund, which is another name for its Sovereign Wealth Fund, has just announced it is suing Bank of America for mortgage fraud. Not only that but it is also going after Countrywide, obviously, but far more importantly, is also suing KPGM [sic], the auditor on the Countrywide transaction, and, drumroll, ole’ Agent Orange himself [That’s former Countrywide CEO Angelo Mozilo for those of you not up to speed].

So what, you say? Norway is just some Scandinavian wasteland with a lot of blondes and the occasional psychopath? Not the point!

[J]ust like the US lawsuit spigot opened ever so slowly at first, it is now gushing, and is absolutely certain that every company (ahem insolvent German banks) that ever bought a mortgage from Countrywide, Merrill and Bank of America will serve the local branch of the bank with a summons over the next month.

In other words, this little breakout may turn into a full-fledged epidemic.

Bank Of America’s Legal Woes Go Global After Norway’s Sovereign Wealth Fund Sues For Mortgage Fraud [ZH]
Also see:
The Fund suing large bank in the U.S. for fraud [DN.NO (Beware, the translation is brutal)]

Confirmed: New PwC Senior Associates Can Look Forward to Fireside Chats with Partners and a Pacific Ocean Backdrop

Last month we reported some details about the Milestone Award for PwC’s new class of Senior Associates. At the time we weren’t able to definitively confirm the details but we’re happy to report now that yes, your four day adventure will be happening at Terranea Resort and YES, there will be fireside chats and other social activities to keep you occupied.

“Fitness activities” may not appeal to everyone but with any luck the “signature adventure” won’t involve any physical exertion. ANYWAY, enjoy your getaway, new PwC SAs! Be sure to take lots of pictures and share them with us.

Big 4 Hiring Watch: PwC Going on the Offensive in China

You may remember that the Big 4 have BIG plans to go on a hiring binge here in the States and around the globe over the next few years. Just last year, Deloitte announced that they were adding 250,000 new employees over the next five years (although we were a bit skeptical as to what the final numbers would actually shake out). The latest in job creation PR, comes from PwC who has announced that they will be adding 15,000 new professionals in Hong Kong and China:

Accounting firm PricewaterhouseCoopers plans to hire 15,000 graduates and experienced professionals over the next five years in China and Hong Kong, it said Tuesday, as it capitalizes on growing business opportunities in the region, particularly mainland China.

The Big-Four firm said the new hires will be “across all lines of service,” adding it hopes to recruit more than 2,000 university graduates in the coming months in Hong Kong and China. The company is conducting campus recruitment in Hong Kong and three mainland Chinese cities this month.

Adding to this glowing news was Fitch Rating’s vote of confidence in the Big 4 who “should inspire confidence in terms of corporate governance” in Chinese companies. Right. Because it’s been clockwork so far.

PricewaterhouseCoopers: To Hire 15,000 In HK, Mainland Over Next 5 Years [Dow Jones]

Ernst & Young Aware of This Sino-Forest Situation, Seems Content to Watch It Play Out

Jonathan Weil has a column today on the train wreck that is Sino-Forest, the Chinese-Canadian timber company. In case you need caught up, there have been some questions about the company’s ability to report accurate disclosures and accounting. This led the research firm Muddy Waters to issue a not-so-flattering analysis of the company. Things like “Ponzi scheme” and “investing for the 23rd Century” don’t exactly get people jumping up and down for your company. Ask John Paulson.

Of course Sino-Forest didn’t do this all by themselves. They had credit rating agencies and auditors telling them everything was hunky dory for years and that’s Weil’s point. He reports that Fitch pulled its rating on S-F back in July and S&P finally pulled their rating this week. That just leaves Moody’s but guess who else is still hanging in there? Ernst & Young, baby! They’re still standing behind their audit opinions and showing no sign of budging. And JW is really curious to know who’s going to jump out of this tree first.

One question lingers: Which of the company’s paid opinion merchants will be the last to step aside? Will it be a credit rater? Or will it be the company’s auditor, Ernst & Young LLP in Toronto, which has yet to rescind any of its reports on Sino-Forest’s finances?

So far Ernst looks like the favorite, with only one rating company left in the hunt. Think of it as a contest between giant tortoises to see which one is slower. This time-honored ritual — of market gatekeepers waiting to blow the whistle until long after a scam has been exposed — has become so familiar, we might as well revel in the spectacle.

So these “gatekeepers” Weil speaks of – obviously this includes the Big 4. And it’s true that we’re all used to them waving their arms, screaming “DANGER!” in front of the burning heap that everyone has been aware of for ages (I didn’t say Lehman Brothers. Did you say Lehman Brothers? Who said Lehman Brothers?).

ANYWAY, E&Y should know that they have choices:

Ernst does have options, aside from bracing for the inevitable years of litigation and investigations. It could resign, explain why it is doing so and face criticism for acting too late. It could withdraw its previous audit opinions. It could insist to Sino-Forest’s directors that it be permitted to answer questions from the public about the work it has performed, as a condition of remaining onboard. Or it could hang on in silence, as it’s doing now, and watch its reputation endure more damage.

Could be that this is just another part of E&Y’s strategy. Sit tight while things play out, wait until things get really serious (i.e. bankruptcy, severe economic turmoil, civil charges, etc. etc.) and then come out swinging.

Tree Falls on Sino-Forest, Auditor Can’t Hear It [Bloomberg]

PwC Announces New Categories for Distinguished, Typical, Downright Piss Poor Performance

As you may have noticed, PwC has really gone on the offensive when it comes to making changes to their compensation structure. We broke all the details for you earlier this year and one reader even shared a little spreadsheet analysis for anyone who’s into that sort of thing. More recently, we reported the (unconfirmed) details of the new Senior Associate Milestone Award which includes a getaway to the Terreana Resof is swell but there are few new details that we were recently made aware of that we’ll share with you today. First off, performance categories have changed. A tipster passed along the new buckets that you’ll be fighting to get into in FY12 and who will and will not be eligible for bonus comp:

– New performance categories are “top performer,” “outstanding performer,” “high performer,” “needs improvement,” and “unsatisfactory”

– Bonus eligble for high performer or greater. Bonus levels set by Line of Service. Line of Service will provide specific details about the business performance measures, as well as target bonus ranges for staff level and ratings.

So TP/OP/HP is what you’re all shooting for if bonuses are of interest to you. Conventional wisdom would indicate that most of you will probably fall into the unexceptional “high performer” bucket and that still gets you in the money so it’s really just the rubes that are “Needs Improvement” and “Unsatisfactory” that will be bitching about how cruel and unfair life is.

It wasn’t all business, however, Bob Moritz shared his gratitude for all your ass-busting in the past year, the ass-busting going on as we speak and the ass-busting to come:

Your role in our success
Thanks to all your efforts to deliver quality, value and the PwC Experience to our clients and stakeholders, we had a very strong FY11 and we’re off to a very positive FY12. On behalf of all the partners, I want to thank you for your role in our firm’s success.

I recorded a short video to express my appreciation and talk about the continued investments we are making in you and your career success. We began making changes back in May, including introducing new career milestone awards and increasing transparency around compensation, all designed to demonstrate the value of your career at PwC — both financially and developmentally.

Now we are bringing even more clarity to the compensation conversation with enhancements to the Annual Performance Bonus Plan. These include greater predictability in your year-end bonus opportunity and quarterly updates about how your line of service is performing against its annual business targets. Watch my video and visit the Rewards and Recognition microsite to learn more. You will hear more specifics from your line of service in the coming weeks.

These changes are all based on what you’ve said is important to you. And we will continue to listen. Keep in mind, however, that the full value of your PwC career comes directly from what you put into it. The more you take ownership of your career….solicit feedback to improve your performance….utilize your success plan to take advantage of the many opportunities here to enhance your skills and develop your talents, the greater your ability to achieve your goals and grow your career with PwC.

Ultimately, the better you are, the better we do, and the greater our ability to continue to invest in you. Thanks again for your role in our success!

So, P. Dubbersteins – do you feel that there’s “more clarity to the compensation conversation”? It’s definitely clear that most people will still get bonuses, so that’s a good thing but it remains to be seen what actually comes out of all these changes. Discuss.

Rumor of the Day: KPMG Freezes Hiring of Support Professionals

Earlier this week, we were tipped off about a hiring freeze of Client Service Support (“CSS”) professionals at KPMG. Our tipster also indicated that a “major reorg” was happening but did not elaborate. For those not hip to the House of Klynveld vernacular, this is your HR, Marketing, Ops, IT, Admins, et al. Regardless of their overhead status, they make your lives infinitely better. But for now, it sounds like the doors to any newbies is closed.


This rumor was confirmed by another source who simply “heard there was [a freeze in place]” but had no details. If you’re in the know, please email us. Emails to KPMG’s communications team were not immediately returned, most likely because they were immediately deleted (that is speculation on my part).

SO! Since we don’t have much to go on, we’ll take this opportunity to present some theories:

1. The response to the Early Career Investment Bonus program has been better than anticipated and there is concern that there won’t be enough money to pay these all-of-a-sudden loyal employees. Accordingly, “the help” won’t be getting any additional resources.

2. Settlement negotiations have begun in the sex discrimination lawsuit and things are not looking good.

3. John Veihmeyer is just toying with everyone because “This is Notre Dame’s year,” and plans to lift the freeze after the Irish win their first game.

4. Two words: Omaha Steaks.

5. Your ideas.

Big 4 Senior Wants to Know If Her Family Planning Scheme Is Crazy

Ed. note: Are you in the middle of a career conundrum that could use some third-rate advice? Email us at advice@goingconcern.com and we just surprise you with some sensibility.

Hi!

I work in audit at a Big Four firm in Europe. I’m starting my second senior year and I’ve received good evaluations so far (B+ on my first year,
and then A’s on my second and third years). I love the job, but I know I won’t stay forever (too many long nights, plus I just don’t think
I’d like to be manager). I’m 25, I’ve been married for 2 years and I want kids. I want to start trying, keep working through pregnancy, take the usual time off after birth (paid by government), and return to work part-time. Then after some time I’d probably look for a job elsewhere to work full time (but not Big Four hours).

I haven’t heard of anyone being pregnant during their senior years. How crazy is my plan? Will my senior manager have a heart attack when
I tell him I’m pregnant? Should I wait to try to get pregnant and look for another job with more normal hours?

Thank you!

Hi Europe,

Greetings from across the pond. I’ll do my best to help with your questions, but seeing that I am neither a) pregnant nor b) part of the busy season cycle, I hope the GC.com community can pitch in their own advice. My advice is based on a combination of what I’ve seen here in New York, my general knowledge of Big 4 firms, and what I think (or hope) is common sense.

EU: I haven’t heard of anyone being pregnant during their senior years. How crazy is my plan? Will my senior manager have a heart attack when I tell him I’m pregnant?

DWB: The timing of your pregnancy and pending childbirth will determine how your senior manager takes the news. Generally speaking (again, from what I see here in the States), it’s better from a career move perspective to be pregnant during busy season than to give birth and be out of the office during final reviews, sign-off’s, etc. So, conceiving in the next few months shouldn’t pose too much of an issue.

Let’s say your nine month clock kicks off in October; you’re looking at a July baby. Like the rest of your life, working through busy season will require an adjustment on your part and open communication with your team will be essential. Summer babies are a very common and oftentimes planned with busy season in mind.

EU: Should I wait to try to get pregnant and look for another job with more normal hours?

This question contradicts with what you said earlier in your email, so I’m going to say stay where you are for now. You’re doing well at your firm, and your job there might even act as a rock as you transition into parenthood. I suggest taking advantage of the support groups your firm has in place, and seek out the advice of senior employees who balance work and parenting already.

Good luck with starting your family! GC’ers – what kind of advice can you provide to our hopeful accountant-and-mother-to-be?

PwC, Crowe Horwath Sued for Colonial Bank Failure

Ed. note: Our permanently ink-stained wench is still struggling with Internet connectivity after a small storm swept through the DC area, so we now present the following post that is republished with permission from Jr. Deputy Accountant.

A-ha! I hate to say I told you so (no I don’t) but, uh, I told you so.

In August of 2009, I caught PwC digging around on my site to find out more about the Colonial Bank failure, a failure which PwC itself oversaw and maybe just participated in (if indirectly, naturally). The year before Colonial’s epic failure, PwC auditors gave the bank the all clear.

“In our opinion, the consolidated financial statements listed in the accompanying index present fairly, in all material respects, the financial position of The Colonial BancGroup, Inc. and its subsidiaries at December 31, 2008 and 2007 and the results of their operations and their cash flows for each of the three years in the period ended December 31, 2008 in conformity with accounting principles generally accepted in the United States of America,” read the opinion.

Anyway, fast-forward two years and here we are:

Colonial Bancgroup Inc (CBCDQ.PK) and its trustee filed a lawsuit against former auditors PricewaterhouseCoopers LLC and Crowe Horwath LLP, charging them with accounting malpractice and professional negligence for not catching a fraud that led to the bank’s collapse.

The complaint was filed late on Wednesday in a Circuit Court in Montgomery County, Alabama.

It also accuses the auditors of breach of contract, saying that PwC’s independent audits of its financial statements violated generally accepted accounting standards and served to conceal the seven-year fraud that drained it of $1.8 billion and left it with hundreds of millions of dollars in worthless or nonexistent assets on its balance sheet.

Can someone please tell me why the PCAOB still has a job with this nonsense going on? Furthermore, why does PwC make $13 billion a year soaking its clients with audit fees? And why aren’t the people of the United States suing the shit out of these auditors too? Colonial was the 6th largest bank failure in U.S. history and cost taxpayers $3.8 billion.

Anyone else find it funny how they call the audit service arm “Assurance”? It has nothing to do with discovering fraud or giving investors actual peace of mind that the statements they are looking at are, in fact, prepared in accordance with GAAP. Rather it is a mafia-style pay-to-play protection ring that offers clean audit opinions in exchange for cash.

Vomit. All over Dennis Nally’s impeccably polished wingtips.

Ernst & Young Still ‘Flawlessly’ Tabulating Those Emmy Awards Ballots

For the past 23 years, Primetime Emmy® Award winners have remained television’s best-kept secret thanks to the efforts of Ernst & Young LLP, part of the global Ernst & Young organization that is a leader in assurance, tax, transaction, advisory services and strategic growth markets. “We are extremely proud to be continuing what has become a 23-year tradition for Ernst & Young by maintaining the integrity of the Emmy® Awards tabulation process and the accuracy of the results,” said Andy Sale, Ernst & Young LLP, lead partner for the 2011 Emmy® Awards engagement. “The Emmy® Awards have a far-reaching impact on the television industry and it is critical that the balloting and tabulation process be implemented flawlessly.” [E&Y]

Hurricane Irene Watch: PwC Encourages Employees to Prepare to Work By Candlelight

Directly from 300 Madison:

Caleb,

This is a ridiculous email, see below, that we received [Thursday] regarding the hurricane. I work at 300 Madison Ave and thought this was hilarious. Note how we are supposed to buy candles in case the power goes out but we also need to bring our laptops home so we can work from home on Monday. Sorry P Dubb but if I need plywood to protect my apt from hurricane winds, the client should understand why my deliverable is a day or two late.

Also, during the winter we constantly get emails informing us that the office ONLY closes if the governor declares a state of emergency. According to this article, Cuomo already did that but good ol’ [Metro Region Managing Partner] Brendan Dougher hasn’t sent me an email telling me to stay home.

Here’s the communiqué:

Hurricane Irene

Unfortunately it appears that hurricane Irene will make for a challenging weekend for our area and we wanted to share the following information and guidance with you. As always, the firm’s first priority is the safety and well being of its people.

US Security is in regular contact with a private weather service and will track the storm over the weekend and remain in contact with our local team. When you leave the office today and tomorrow, take your laptop with you as you may need to work from home on Monday. Please secure all work-papers and confidential information in a locked drawer, filing cabinet or in the Records Center. Depending on the damage and disruptions from the storm, we may need to adjust our office hours on Monday. Please check your e-mail or voicemail early Monday morning to obtain the latest information on the status of the office.

Actions Required

Update your personal and emergency contact information with your profile on myKcurve; this information is critical for our Crisis Assessment Team who may need to locate you after a disruptive event

Program the Emergency Hotline number [redacted] into your cellular phone and also provide the number to your family and other emergency contacts that may need to inquire about your safety and well being

Respond to any e-mails or voice messages from the Crisis Assessment Team or office contacts attempting to locate you after an event

Check your voice messages. Office announcements and crisis guidance may be shared with you through this medium

Secure all client or confidential information in a locked drawer, filing cabinet, or the Records Center before departing from work

Take your laptop and essential peripherals home with you.

Guidance to Consider at Home

Have candles and/or battery operated lighting readily available; hurricanes typically result in power outages

Have a battery powered radio available to receive weather reports and evacuation advisories

Stock food supplies that do not require cooking

Stock 2-3 days of water; one gallon per person per day

Purchase a First Aid Kit for the appropriate number of members in your home; consider liquid soap that does not require water

Identify a secure location in the home away from windows where you can locate during the storm; consider storing blankets in this area

Have plywood or shutters ready to cover windows

Remove all objects in your yard that are not secured or could be damaged by the wind

Be prepared for flooding and heavy rains

One of the best preparedness items is to stay informed. Follow news reports and read office communications. Many websites also provide comprehensive coverage and are a great resource for all of us. Should you have any questions or concerns, please contact security@us.pwc.com or call the Emergency Hotline.

So while the rest of Manhattan is bailing itself out by bucket, be sure you’ve taken the necessary precautions to hit the ground running on Monday. And take it easy on the weekend. If the electricity is out, you’ll need plenty of battery to get through the day.