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Category: Big 4
If it happens at a Big 4 accounting firm, we’re talking about it here.
Here’s a Good Example of How Not to Sue a Big 4 Firm
Were you at all concerned that you would never hear another story about a lawsuit related to the AOL/Time Warner merger from 2001? A merger described by BusinessWeek as possibly being the “worst of the worst.”
AOL’s revenue recognition practices for booking online ad revenue led to restatements of their financial results from 2000 to 2002. This led to hundreds of shareholder lawsuits, most of which were consolidated into a class action suit. All of the suits have been settled or dismissed.
E&Y, who audited the AOL portion of this little gem, has now had the final lawsuit against the them dismissed. Back in 2003, AOL shareholder Dominic Amarosa decided that he was going to file suit on his own rather join the class action. Problem was, he didn’t file suit on time and failed to connect his losses to statements that were made by E&Y. Those both sound kind of important.
On top of that, Judge Colleen McMahon didn’t really care for the plaintiff or his attorney Christopher Gray, calling Amarosa a ‘vexatious litigant pursuing clearly frivolous claims’ and Gray’s tactics, ‘shenanigans.’ Judge McMahon also indicated that she was considering sanctions against Gray for said shenanigans.
So if you’re looking for a blueprint on how to completely screw the pooch on a lawsuit against a Big 4 firm, this is probably a good place to start.
Lawsuit over Time Warner-AOL merger dismissed [Reuters]
Are Other Small Big 4 Offices at Risk of Closure?
Editor’s Note: Francine McKenna is a regular contributor to Going Concern
We came across a report in the Birmingham Business Journal (subscription required for full article) describing the reduction in professionals of the KPMG office there from 63 to 39 after two rounds of layoffs.
While there doesn’t seem to be any indication that the office will be closing, the reduction is significant enough to get us wondering if there hadn’t been talk about pulling the plug altogether.
On that note, we recalled the Manchester, NH closure we reported on last month and we called up the folks in Live Free or Die country to get the latest. While the receptionist was very helpful, the person we were eventually connected to decided that hanging up on us was the best course of action.
Undeterred, we reached out to E&Y’s national PR team and they provided us with the following statement:
After careful consideration and based on our analysis of the market, we have decided to close our Manchester office by the end of November. As part of that process, a number of our people will transfer to the Boston office, and our clients will be served from the Boston office.
Unfortunately, since “a number of our people will transfer to the Boston office” we can only assume that there will be a number of people that will not transfer to Boston.
We reached out to all the Big 4 firms regarding this issue, with E&Y being the only one to respond and they only addressed the Manchester office specifically. Wanting more perspective, we asked our contributor, Francine McKenna, for her thoughts:
Small office closures mirror the fortunes of local economies they operate in, including the limited number of clients some offices have been built on. Often just one/two parters wanting to be closer to home, have Managing Partner title.
There has been a considerable amount of chatter regarding office closures so we decided a thread on the issue was due. Discuss your thoughts/speculation on office closures (including any more details on E&Y Manchester) for your firm in the comments and keep us updated with your tips.
Deloitte, KPMG Will Make Out Okay on This Whole Dubai Thing
If you spent the last four days in a tryptophan-induced coma, you may have missed the news that there’s a bit of a problem in Dubai. A $59 billion problem.
Long/short: Dubai World, the state sponsored investment company, asked for a six month extension on repaying principal and interest maturities to its lenders.
While this spooked a lot of people, the latest reports indicate that Dubai is of the opinion that it’s NBD.
Despite the claims by DW that nothing is fucked, it’s being reported that at least two Big 4 firms will get to bill the hell out of the parties privy to this latest debt-related SNAFU.
Dubai World has hired Deloitte to help them restructure their house of cards debt while KPMG is representing banks that hold $30 billion of the Dubai World debt in the negotiations. Now while we’d like to imagine tense, smoked-filled rooms with fists being slammed on conferences tables and screaming into speaker phones, it’s likely that it will be a much more cordial affair but we remain hopeful.
As for the other two usual suspects, why E&Y has been left out of the proceedings altogether is a mystery but the PwC/Becks/Dubai World connection seems like a good enough reason to us to keep P. Dubs on the sidelines. Call it a hunch.
We’ll keep you updated on the Big 4 angle of this story as it continues long into 2010.
KPMG lined up in $30bn Dubai rescue mission [The Independent]
Also see: Duh, Dubai! [JDA]
Deloitte Versus KPMG in Dubai World Saga [The Big Four Blog]
Ernst & Young Is Thankful for Lawyers, Possibly Toblerones
Just when we think the Madoff beat has quieted down, we’re reminded that the tentacles of the Ponzi scheme of our lifetime reach far and wide and for that we are thankful.
Not because we enjoy the carnage that has come about from this particular scheme. No, that would be in bad taste. We’re mostly thankful because we’re certain that today, 90% of you will spend the entire day gabbing about turkey-lurkey-do instead of sending us details on your firm’s cost saving initiative du jour, thus making it a slow news day.
So, thank you Berns, for providing us a story on this most non-productive day of the year:
Private and institutional investors who lost money through Access International Advisors LLC’s LuxAlpha Sicav-American Selection are suing UBS and Ernst & Young for “seriously neglecting” their supervisory duties of the fund. A Luxembourg court will decide in hearings that started today whether investors have the right to bring direct claims against the fund’s custodian and auditor.
“These cases are very important,” Pierre Reuter, who represents clients in six of the lawsuits being reviewed over four days of hearings, said by telephone before the hearing. “They could set the course for some 100 pending cases and many more to come.”
Since these are simply “test cases” the plaintiffs will be anxious to see the results, especially since the Swiss are involved. A pallet of Toblerones will certainly find their way to the offering table at some point. Whether UBS allows E&Y to squeeze in on this valuable bargaining chip remains to be seen.
UBS, Ernst & Young Face Test Cases Over Madoff Funds [Bloomberg]
(UPDATE) KPMG Will be Stingy with the Letterhead From Now On
Have you been craving a tech startup accounting scandal? Thought so. Enter Canopy Financial, Inc. who “provides technology-enabled electronic payment, account management, and investment technology platforms for health savings accounts, flexible spending accounts, and health reimbursement arrangements.”
The company was ranked #12 in the 2009 Inc. 500 List of fastest growing companies in America:
In 2008 CEO Vikram Kashyap said his company had 2007 revenues of $9 million. More recently, we’ve heard, the company was saying they’d hit $60 million in revenue and $9 million or so in EBITDA.
All of this may have been lies.
Until recently all the venture capitalists involved proudly placed Canopy Financial on their portfolio pages. Now all trace of the company have been erased from the portfolio pages of investors GGV Capital, Spectrum Equity and Foundation Capital. And their investment bank has erased them from their trophy page as well.
So what happened? Multiple sources have told us that Canopy was absolutely making up their financial statements, even forging audited statements with fake KMPG [sic] letterhead. And somehow the investment bank and all the investors never figured it out.
Jesus, this doesn’t even qualify as cooking the books. This is more along the lines of:
CFO: No, we cannot say $100 kajillion.
CEO: Why?
CFO: Because no one will believe it.
CEO: Why?
CFO: Do you know what a kajillion looks like?
CEO: Um, no.
CFO: It has to look like a real number. I’m saying $59,984,387.
CEO: What about…
CFO: Shut up, that’s the number.
Then all you have to do is get your hands on some KPMG letterhead and BAM your company is listed in a magazine.
We tried contacting KPMG about this but our emails have gone unreturned. We’ll let you know if we hear back from them. In the meantime, if you know anything more about this particular story, enlighten us in the comments.
UPDATE: See the clarification about the authenticity of the letterhead on our post from December 3rd.
Canopy Financial Accused Of Serious Financial Fraud, Investors Burned [Tech Crunch via FINS]
PwC Is Here to Remind You that Someone Is Watching Your Utilization
Earlier this month, we mentioned a rumor we heard about PwC putting in calls to the rank in and file of one industry group in the tax practice. The caller was just letting them know that their utilization was getting the crook eye by the partner in charge of the group. Not exactly something that would give you the warm and fuzzies Well, now have another report of P. Dubs putting people on notice:
I was recently informed that despite my good performance and strong mid-year reviews, “[my] utilization is being watched.” Its nice to know that this company values cold metrics as opposed to quality, hardworking employees.
Here’s a question: who at PwC thought that notifying employees that their utilization is being scrutinized was a good idea? Especially since Bob Mortiz sent an email to say that it’s unlikely that there will be layoffs in tax and assurance?
One email says “don’t worry, everything is fine” while someone else calls you up in order to scare the bejesus out of you by letting you know that despite your fine performance someone is watching. Can anyone explain the rationale? Our emails to PwC have gone unreturned, so we’re all ears.
Ernst & Young Wins Hedge Fund Award, Partners Give Boring Acceptance Speech
The accounting firm awards bonanza has begun stateside. After last week’s Accountancy Age awards, Ernst & Young has now been named “Best Accounting Firm to Hedge Fund Industry” at the inaugural Hedge Fund Manager Week US Service Provider Awards.
While this is certainly a less comprehensive ceremony than the Accountancy Age Awards, it should not be taken any less seriously. This is a sincere effort on the part of the hedge fund industry to recognize who has bent over backwards the farthest for them. Nice work, E&Y.
As for the speeches:
Arthur F. Tully, Partner, Financial Services and Global Hedge Fund Practice Co-leader, Ernst & Young LLP said, “It is an honor to receive this recognition. It reflects our ongoing efforts to provide relevant insights into our client’s most pressing issues, particularly in today’s challenging business market.”
“This award is a testament to our efforts to provide consistent, high-quality service to our asset management clients as we strive to anticipate, understand and offer insight into the biggest issues facing our clients,” added Michael J. Serota, Partner, Financial Services and Global Hedge Fund Practice Co-leader, Ernst & Young LLP.
We understand that there’s a an expectation for tactfulness but c’mon guys. This was your opportunity to get on a stage, drunk as Ken Lewis on a Tuesday morning and say something like:
“It feels damn good to win. You other firms, I wish I could say it’s an honor to be nominated with you but I can’t. In other words, suck it. I accept this award on behalf of all those staff and managers that continue to suffer from sleep deprivation, obesity, and overall misery because I know they’re working at this very second. And if I find out that you’re not, you’re uninvited to the party. Oh, and I just want to say, Jim Turley, you complete me. You really, really, really do. I love you.”
Or something to that effect.
Ernst & Young LLP Named Best Accounting Firm to Hedge Fund Industry [PR Newswire]
The KPMG Dress Code Now Accommodates Ugly Christmas Sweaters
At least for one day, anyway.
You’re all acutely aware that many firms are opting to forgo holiday parties this season in favor of charitable activities.
Regardless of your desire — and our sincerest hopes for you — to get cop-slugging drunk on your firm’s dime, the commitment of time to charity is admirable. KPMG is spending an entire day building bears and wrapping them with books. We’re not sure how that will work but whatever.
As an added bonus, we heard that at least one office is attempting to make things more festive:
If some of you aren’t able to get behind the celebration of hideous Clark Griswold-esque sweaters for the sake of sport, shame on you. In fact, since the charitable activities are mandatory (as we understand), we’d go so far to suggest that the donning of ugly sweaters should also be mandatory. Judging by many or your fashion proclivities, this will be as easy as opening your closet.
Caption Contest Monday: The King and I
Background: Tim Flynn talking shop with King Abdullah of Jordan.
Same rules: Submit possible captions in the comments. We’ll choose our favorites — with preference given to those with an accounting/KPMG bent — and then let you vote for the best one.
Memo to TF: If you’ve got a transcript of the convo, feel free to post your favorite highlight as your submission(s).
Deloitte Is Saving Money by Offering Zach Morris Phones
We kid, we kid. Obviously you’re aware that you can shell out $13 a month and get an iPhone. Whether that’s worth it or not, we’ll let you decide but if you don’t want the iPhone, you’re taking your chances with another option, as one source describes, “crappy Windows Mobile devices that are getting shoved down our throats.”
Not only that but if you’re looking to get reimbursed for your PDA, don’t expect to get to choose whatever you want. Or to spend that much:
Deloitte also now limits the re-imbursement of PDAs to $199.99 + taxes. They used to cover the entire cost of devices that they chose to support (which mostly sucked to begin with). You’d figure that since they only pay $199.99 that we’d be able to pick the device now… but no; still limited to their “approved list” of crappy devices.
We’re not really up-to-date on the whole who-gets-what-phone-at-what-level question these days so if you’ve got some insight for your firm, discuss in the comments.
Rumor Mill: KPMG L.A. Layoffs, Maybe Dallas?
We’ve received multiple reports of layoffs that occurred last week in the audit practice of the Los Angeles office.
The numbers have been described as “a few” and the news has been “hush hush” making us wonder if these cuts were some unfinished business from either the August and September rounds.
There also have been rumors about additional layoffs in Dallas tax but we don’t have any more details than that.
If you’ve got any details for these layoffs or details for other cities, get in touch and discuss in the comments.