Category: Big 4

If it happens at a Big 4 accounting firm, we’re talking about it here.

Ex-Ernst & Young Partner Sentenced to One Year and a Day for Securities Fraud

James Gansman, a former E&Y partner in transaction services, was sentenced to one year and one day in jail on Monday after being convicted on six counts of securities fraud last year.

Gansman had provided his mistress, Donna Murdoch, with tips on mergers that Ernst & Young were advising which she subsequently traded on. Despite the help, Murdoch needed more money and she began an affair with another man who used the tips to make trades.

To add insult to injury, Murdoch ultimately cooperated with investigators and testified against Gansman. She is still awaiting sentencing after pleading guilty to fifteen charges of securities fraud, obstruction of justice, and making false statements.

Beside making bad relationship choices, Gansman’s hot tips were in violation of E&Y’s “written policies and the duty of trust owed to the firm’s clients.” That extra day in prison should give him just enough time to study better decision making.

Ex-Ernst & Young Partner Gansman Sentenced To 1 Year, Day In Prison [WSJ]

(UPDATE) Was Deloitte’s Warning to Merrill Lynch Lacking Urgency?

– Updated to included statement from Deloitte

By now you’ve heard that Ken Lewis and former BofA CFO Joe Price are in a bit of pickle, thanks to NYAG Andy Cuomo.

Long/short is that Drew has filed civil charges claiming that these two ignored advice to disclose information about the losses at Merrill Lynch and went ahead with their plans that ended up screwing just about everyone in the entire world.


According to the complaint, Deloitte was right in the middle of the action back in December of ’08 as the auditor of ML and from the sounds of it, they kinda-sorta encouraged ML’s counsel to disclose the losses saying:

given the losses through what it looks like will be November when it closes, given the fact that you have another couple of billion of dollars coming down the road in goodwill impairment, we believe it’s prudent that you might want to consider filing an 8K to let the shareholders, who are voting on this transaction, know about the size of the losses to date

Okay, so “prudent that you might want to consider” sounds like a “you can disclose the losses if you want to but we’re not making a BFD out of this” but Andy’s complaint sure presents it as a legit warning. We’re not saying that Thomas Graham, the Deloitte partner on Merrill, needed to be hyperventilating while telling ML’s Chief Accounting Officer David Moser that they “might want to consider” the disclosure but Moser was worried enough to tell in-house counsel about it.

Maybe Moser didn’t bring it up because he knew that lawyers don’t take anything auditors say too seriously. If everyone who claims to be worried, was legitimately concerned, perhaps they should’ve considered some double exclamation point usage. Oh well; next time!

We haven’t seen a statement from Deloitte anywhere and they haven’t gotten back to us at this time. Deloitte provided us with the following statement:

Deloitte personnel have testified as part of the New York attorney general’s investigation. Some of that testimony is cited publicly in the attorney general’s complaint. Deloitte is not a party to this proceeding, and due to professional standards, we cannot comment further on confidential client matters.

At the end of the day, BofA’s own general counsel tried to tell KL what’s what and he ultimately got fired so Deloitte ends up being a small fish in this whole situation (i.e. “not a party to proceeding”). Cuomo wants to be governor for crying out loud. Voters don’t give a shit if you file civil complaints against auditors.

NYAG_Complaint

Plaintiffs File Brief in Big 4 Overtime Lawsuit

Last summer we initiated our coverage on the wage and hour lawsuits against the Big 4 and other firms that have been filed in California. As you may remember, the case that is currently before the 9th Circuit Court of Appeals, Campbell v. PricewaterhouseCoopers, is the key case as it may decide how the rest of the cases proceed.

Just a quick refresheramicus (i.e. friend of court) briefs following in early November.


The plaintiffs’ amicus briefs are scheduled to be filed tomorrow and while Mr. Kershaw would not share any names with us, he did inform us that there were some notable supporters that will be filing briefs. Parties claiming support via web (though it is not clear whether they are expected to file as amicus) include among others, labor union UNITE HERE.

The briefs are under seal at the request of the defendants who are claiming proprietary privilege.

In the past, the 9th Circuit has been accused of having a liberal bias which could be perceived as an advantage to the plaintiffs. While Mr. Kershaw agreed that the 9th Circuit was more “worker friendly” in the past, he told us, “After eight years under the Bush administration, the court has considerably more conservative justices.”

According to the 9th Circuit’s website, former President George W. Bush appointed seven justices while in office. Of the 47 justices currently serving, 21 were appointed by Republican Presidents and 26 by Democratic Presidents.

Despite the political makeup, Mr. Kershaw believes, as he did when we last spoke with him on the matter, that the evolution of the law of the exemptions (i.e. who, among other things, is and is not eligible for overtime) will demonstrate that the plaintiffs were not “learned professionals,” and will prevail in case.

Lead counsel for PricewaterhouseCoopers, Norman Hile of Orrick, Herrington & Sutcliffe LLP did not respond to our request for an interview.

We reached out to all the firms; receiving responses from only BDO, who provide the following statement: “We believe that the employee in this case was properly classified as exempt. This case has been stayed pending resolution of the PwC appeal. As is our policy on matters of litigation, BDO does not intend to comment further until this case is resolved.” We were also informed that in the BDO case that the class certification was denied by the trial court and the appeal was also denied.

In the case of Hood & Strong, LLP, we were referred to their attorney, Jonathan R. Bass of Coblentz, Patch, Duffy & Bass, who we spoke with briefly about his case, Kathleen McFarland v. Hood & Strong LLP.

Mr. Bass indicated to us that the lawsuit against his client is only one of four that is being tried in state court and would not necessarily be affected by the ruling in Campbell. He further indicated that these lawsuits are something that his client, and most likely all the defendants, did not anticipate, “it is not likely that any of these firms considered the possibility of their employees being treated as anything other than exempt.”

No other firms listed as defendants responded to our request to comment.

Ultimately a decision in Campbell may not be known until 2011 at which point the litigation could actually proceed or be settled. We’ll continue to follow these cases as they progress.

KPMG Boston Is Sprucing Up the New Headquarters, Sans Sign

This morning we shared with you the news about Deloitte’s new nightlight in San Jose. Back on the right coast, KPMG Beantown is getting a little redecorating done themselves although it sounds a little more substantive than a sign that can’t send morse code to San Fran in case someone needs an extra intern.

KPMG bestowed Jones Lang LaSalle with the honor of designing the interior of the new digs at Two Financial Center and it sounds like all Klynveldians will be infinitely more productive at the new HQ. 96,000 square feet of pure auditing, tax, and advisory bliss:

The interior will enhance workflow efficiency and accommodate KPMG’s growth requirements, which include capacity for 692 employees. Highlights of the build out, valued at $5.8 million, include: a central reception area on floors one and two, a large conference center with full media capabilities, an employee café, dedicated Human Resources suite and open office areas.

By the sounds of it they’re implementing some sort of Feng Shui strategy that will result in robotic efficiency.

We’re thinking that less than $1 mil a floor sounds like a decent deal but no sign? How the hell is that worth it? It probably wasn’t up to the gang at JLL but they could have at least looked into it. If the British invade again, a warning from the four blue squares would go a long ways towards KPMG’s national security cred.

Deloitte San Jose Re-signs Lease for a Nightlight

We got pointed to an article about Deloitte’s San Jose office signing a new 10 year lease (subscription required) which is pretty ho-hum although since a $50,000 Deloitte sign sealed this particular deal it made us think back to the idea of the Big 4 and shameless self-promotion.


According to the San Jose Business Journal, the mere idea of a Deloitte sign was the ultimate temptress, “permission to put a sizable sign near the roof of the 16-story building was too tempting to pass up.” This despite the a 25% vacancy rate in downtown San Jose and a 20% vacancy rate in Silicon Valley. All that and we learned that when the sign is illuminated it’s only visible as far away as I-280 and U.S. Route 87.

Couldn’t they get something brighter? If it were us, we’d be looking for something akin to the Aurora Borealis.

Having never been to the Deloitte offices in San Jose (we’d love a tour though, virtual of course, or maybe just some still images of the cube farms) we can’t tell you if the troops out there were in desperate need of an upgrade in facilities. WTFK, maybe everything at 225 W. Santa Clara St. is tip-top. Aaaannnnnd maybe it was the best deal to stay put but the fact that the sign was the clincher seems a little, well, shameless.

More Deloitte Construction:
Deloitte’s Version of Delta Chi Breaks Ground Tomorrow

Dennis Nally: Satyam Scandal Has Damaged PwC Brand

While kicking it in Davos, Dennis Nally had to have known that eventually he was going to have to answer questions about his mother of all nightmares, Satyam. Having just passed the one year anniversary of the cat being let out of the bag about, you know, totally bogus numbers, everyone is talking about it. In India.

CNBC India caught up with Nalls and considering everything that’s going down, DN doesn’t seem worried. He’s leading P. Dubs full steam ahead into India; there’s no crying over failed audits, “Without question the firm has had real challenges in India but that has not changed my outlook and view on the importance of India economy to global economic picture.”


Stoic; as he should be. Not that the firm hasn’t had to do a little damage control. But no worries; Dennis is a man with a plan, “We just need to continue to deliver, service our clients, respond to their needs, help them deal with their issues and challenges. If we do that and we do that consistently over a period of time the PwC brand in India will be as strong and as good as it has been in the past and where we want it to be into the future.”

Plus, this is a blip, an outlier, a rare occurrence, “Any one-off instance can do harm to your brand and that is the reality. Our job is to make sure we are doing everything and we have done a number of things in India to ensure that this would not happen again,” so there’s no cause for concern.

This isn’t Tiger Woods brand damage we’re talking about. It will all be a distant memory before you know it.

Satyam scam has hurt PwC brand: Global Chairman [Money Control]

PwC Accepts Responsibility for Losing Personal Records of Alaska Public Employees

In Alaska news that doesn’t involve Sarah Palin, it emerged late last week that PwC lost the personal records of 77,000 public employees and retirees who participated in the State’s Public Employees Retirement System and the Teachers Retirement System in 2003 – 2004.

Alaska had engaged P. Dubs as expert witnesses in a lawsuit against its former actuary Mercer and turned the data over to the firm for analysis during the discovery process. PwC discovered that the data vanished in December and PwC notified the state last week (nobody wants to share bad news during the holidays).


PwC has accepted responsibility for the whole mess and has agreed to pay for identity theft protection, credit monitoring, and security freezes (if necessary) for the 77,000 employees affected. The firm will also reimburse any losses suffered by any of the participants.

The firm must have realized that there was little upside to disclaiming responsibility, as this would inevitably lead to a sentence in a Sarah Palin speech that involved PwC opposing God, guns, and regular Americans. Populist rancor would ensue and the firm would be run out of Alaska within a week (give or take).

This is the second SNAFU for PwC in the last month. The firm issued a press release on January 15th announcing that someone was sending bogus PwC checks to random people advising them that they had been selected to be secret shoppers. It’s not clear as to whether this is a sign of the wheels coming off or simply bad luck. We’ll keep you informed of any additional slip-ups.

State Acts Promptly to Safeguard Alaskans Against Potential Identity Theft [State of Alaska Department of Law]

Big 4 at Davos: Jim Quigley is Long Dubai

He’s not really sure how much is debt (Jim, it’s a metric asston) is being restructured but Quigs believes that Dubai will come out of it a-okay.

Black holes aside, Quigs also wants to see global accounting standards which puts him firmly in the camp with the other half of Jim-squared and Knight of Accounting David Tweedie.

We’re not sure when this interview was done but could someone get JQ a cup of coffee or something? The guy seems a little stiff. Plus, no red light/green light of trust from Fox Business? They have got to start getting more creative over there.

Who Will Be the Next Chairman of KPMG?

Yesterday we told you the sad news that Tim Flynn will not be serving another term as Chairman of KPMG.

After taking the time to compose ourselves and realized that life will somehow go on, we had questions. Figuring you had some of your own, we’ll throw a few out there for some discussion. These will range from the obvious (i.e. headline) to the inane but they are all of equal importance:

• Why Tim? Why?

• Is the Davos trip the last hurrah and if so, what is doing to celebrate/reflect/mourn?

• If he’s not taking Tim Geithner’s job then what? Will T Fly defect to one of the other Big 4? Launch a blog? Ponzi scheme?

• How does Phil Mickelson feel about this and does this mean he will keep TF on the bag or is this an honor reserved only for the Chairman?

We may not have covered everything here so chime in with your questions or simply respond to those we’ve put out to the group. And please, if he happens to change his mind, notify us immediately.

Tim Flynn Will Not Serve Another Term as Chairman of KPMG

Tim Geithner better be paying attention. This could be your successor.

As you may know, my five-year term as U.S. Chairman ends in June of this year. Late last week, I informed the Board and subsequently announced to the partners, that I have decided not to serve an additional three-year term as U.S. Chairman after my initial term ends this June, as permitted by the firm’s governance.

This decision was made after much thought and personal reflection. KPMG’s partnership agreement has a well-defined and time-tested set of protocols in place whereby the Board of Directors is expressly responsible for managing the succession process for Chairman. Over the next 60 days, the Board will execute that process, the planning for which began late last summer.


Our firm has an outstanding group of partners and an effective, seasoned leadership team that is focused on our partners and employees, our clients, and the marketplace.

You have my personal commitment that I and the entire leadership team will remain focused on these key priorities throughout the remainder of my Chairmanship.

Thanks for all you do every day for KPMG.

Chairman_Succession

Ernst & Young Shares the Glory of Its Fortune 100 Victory

Shockingly, many of you don’t get too excited where your firm falls on the F100BCTWF list. Well, in case you’ve forgotten, your firm cares. They care a lot and they want you to care too because dammit, this is important. Somebody over at E&Y got to thinking and decided that bribing you with pastries was the solution to get you Scrooges to appreciate the firm’s 12th year on the list aaannnd being the highest ranking accounting firm on this year’s list:

We’re guessing Jim Turley might be phoning someone in order to save him all the bearclaws, so you best get there early.

Tim Flynn at Davos: We’re Moving Toward the Green Light of Trust

After wondering aloud if the Big 4 was just going to spend the entire week at Davos chasing blondes and eating chocolate some of the more easily rankled of you pointed out that Tim Flynn was all business and had already given an interview with CNN. Plus, since we saw Dennis Nally this morning it would seem like there is work being done. God forbid the guys do anything fun while they’re over there.

Anyhoo, we finally got around to watching TF’s chat with Richard Quest at Davos and we thought he did a pretty bang-up job. One thing we would have done different — if we were T Fly that is — was ask DQ why we were excluded from the last CNN interview. “What about it CNN? I’m not good enough for APEC piece but you’re happy to include me on this little campout?” Or something to that effect. We imagine that he was asked to keep it cordial.


Back to business: The one thing that threw us off was the red light/green light of trust thing. Trust doesn’t really strike us a color, least of all green. Think about it: Green = money = Goldman Sachs. Plus, has T Fly seen those tea party people? They don’t trust anyone. See why we’re confused? If you get it, please explain, but watch first.