Category: News

Court Tosses Lawsuit Filed by Fired Tyco Accountant Who Wasn’t Interested in Being Responsible for Signing Off on a Party Featuring Mermaid Greeters, Wenches

Last summer we told you about a lawsuit that was filed by a fired Tyco accounting manager who claimed that he was let go after he refused to sign off on expenses related to an epic party in the Bahamas that had “Mermaid Greeters,” “Costumed Pirates/Wenches” a tatth “Limbo” and “fire” dancers and other, what some might call, “fun” or “awesome” things. The whole bash was going to run around $350,000 but Jeffrey Wiest wasn’t interested in being connected to another lavish party thrown by Tyco.

This is understandable because, as you well know, the AWESOME party in Tyco’s past was taped and it eventually wound up as evidence in a trial against Tyco Execs Dennis Kozlowski and Mark Swartz. Those two men are currently wards of the state and Tyco is, for AWESOME or worse, simply known as the company that threw the Roman Orgy Party:

Investors footed about half the bill for that affair, which was disguised as a shareholder meeting and is now widely known as the Tyco Roman Orgy.

The party featured such indulgences as an ice sculpture modeled after Michelangelo’s David urinating top-shelf vodka. Against this backdrop in 2008, Jeffrey Wiest said he “refused to process a payment [for] and sent a note to his management questioning the legitimacy of a $350,000 event being held at the Atlantis Resort in the Bahamas.”

“Wiest, as was virtually everyone else at Tyco and in the world, was cognizant of a similar party under Dennis Kozlowski’s management,” according to the manager’s July 2010 suit, first reported by Courthouse News. “He did not want to be any part of a repeat occurrence.”

As we mentioned, Wiest obviously had the foresight to conclude that news of a “Mermaid/Pirate/Wench Rape and Pillage Party” would not go over so well with anyone not in attendance and accordingly, refused to sign off on the expenses. Considering that there was “only one 1.5-hour business meeting during the entire five-day event,” it appears that Wiest made the right choice. However, Wiest claimed that the company started “investigating” him and shortly thereafter was told that his services were no longer needed.

Wiest took his story to the masses with an appearance on Fox Business where he showed how accountant-y (and unconvincing) he could be. The court that was hearing his lawsuit agreed:

“Mr. Wiest’s communications simply provided information and suggestions to ensure proper tax and accounting treatment of the Atlantis event expenses. As such, then, they did not rise to the level of ‘definitively and specifically’ conveying a reasonable belief that [a Sarbanes-Oxley crime] was taking place, notwithstanding Mr. Wiest’s conclusory assertion in the complaint that he had made ‘protected disclosures relating to fraudulent accounting practice, attempted shareholder fraud, and lack of compliance with United States Generally Accepted Accounting Principles.'”

Definitely a setback for Wiest who, it appears, won’t be recouping any lost income here and will forever have the reputation as a party pooper. And the latter could be a far worse fate.

Tyco Accountant Loses Retaliation Suit [CNS]

Apparently This Debt Ceiling Thing Is Important

I’m intentionally avoiding the news – partially due to the fact that Lawrence O’Donnell looks like a melting wax statue in HD and also that it got old a long time ago.

The Guardian catches everyone up by declaring the battle between Obama and the Republicans over the national debt has reached a new level and claimed that both sides were kind of pushing each other out of the spotlight.

At least that’s how the media played it yesterday. Chris Matthews called it a “slingshot operation by Republicans” on Lawrence O’Donnell (don’t ask why I watch MSNBC), more specifically implying that it was staged by Boehner & Co. to look like a knock off of Obama’s Prime Time address. Matthews also got pissed at Obama for going on national TV to do this; as if an address to the American people had anything to do with the American people.

What I took away from Obama’s speech was that he wanted our current and future creditors to know that he would get a debt ceiling increase, just let me pretend I’m going to cut some spending so we can get more money. It had very little to do with Americans or our perception of what debt means to our day-to-day lives, except for the part where he declared we’d have higher interest rates, more trouble securing loans and huge unemployment numbers.

Obama also got really dirty and quoted Ronald Reagan.

Apparently, at the end of this America banded together and crashed a bunch of Congressional websites. Not quite sure what that was supposed to accomplish but I guess it’s cute to see us working together for a change to accomplish something.

Just what I thought I saw.

Americans For Tax Reform Back to Work After Bomb Scare

Safe to say that Elmo isn’t a suspect.

The staff of Americans For Tax Reform were briefly evacuated from their DC headquarters this morning as police responded to a bomb threat against the building. No explosives were found and the staff has returned to work.

The call came in around 9:10 Monday morning, according to a police spokesperson contacted by TPM. The officer could not say how long the staff was evacuated but said police had allowed them to return to work by the time we called at around 11:00 AM.

Also, no word if this is the Bizarro Grover at work.

Bomb Threat Briefly Evacuates Headquarters Of Grover Norquist Group [TPM via Gawker]

Are Accountants Planking at Work?

If you’ve been paying attention, you’re familiar with the lamest Internet meme since last year’s bros icing bros – planking.

Planking is a “game” that involves people laying face down in normal to not-so-normal places and then having a friend take their picture while the planking is occurring. It’s been going on for a couple of months now but right out of the gate it was abundantly clear that planking was STUPID. Not stupid in the sense that “you can die while doing it” stupid but more so, “you and your friends are idiots” stupid. Despite this, people are “crazed” with it because, obviously, they are losers. And maybe racist.

ANYWAY, I bring this up A) it’s a fairly slow news day and B) a friend of a friend of GC emailed us the following query:

This is kind of a random idea but when watching this video, http://youtu.be/vQNTN8Z8AJY, I was wondering if accountants are planking at work, especially at Big 4/Big Regional firms like on copiers, partners’ desks, etc and have captured them in a video or in pictures. Even though I think the concept is kind of lame, I think about doing it every day including planking inside of one of the partner’s convertible which he leaves the top down all day. I would love to see if anyone has any great planking poses at work.

Yes, I am really bored at work and my mind tends to wander (a lot).

No problem friend of a friend, it’s summer and you’re a CPA, so boredom happens. Here’s the video in question:

Quite the montage of planktitude, isn’t it? Someone even took the opportunity to plank during Carmageddon which resulted in “Plankmageddon” (obv).

But back to our reader – even though I’m against planking in a general sense, I would not oppose planking inside a partner’s convertible. Especially if you emailed the picture to us. Of course you would have to take great precaution to not be identified but it may be worth the risk. And that goes for the rest of you. If the clock seems to be moving backwards at any point this summer, you should consider planking and then sending us the pictures. I’ll put forth a few conditions for scoring:

• Planking on a manager’s desk – 100 points.

• Planking on a partner’s desk – 500 points.

• Planking on the office managing partner’s desk – 1,000 points.

• Planking on the client’s conference table – 1,000 points

• Planking in the lobby with your firm’s sign in view – 1,000 points

• Photo of the office managing partner planking on his/her desk – 5,000 points.

• Planking on a partner’s [insert luxury car here] – 5,000 points.

Of course this is not meant to discourage creativity on your part. If you have other suggestions, please offer them up below along with the points to be awarded. Happy planking.

America’s Hottest CPA Goes on Reality TV Looking For Love

Do you guys remember Tripp Davis? Last year, this number-crunching Southern gentleman from Mississippi made Cosmo’s Hottest Single Bachelors List, calling first date sex skanky and girls sans chonies sexy. Our kinda man.

Anyway… Judgmental hater and bad Photoshopper that I am, I made the mistake of publicly rre angle at which his stunningly perfect abs appeared to be cut in the photo Cosmo used. It took a few hours of staring to figure it out but I finally saw that it was just a weird camera trick (part pose, part flowy white shirt they stuck him in) and word is Tripp has been a pretty loyal reader of Going Concern since. Yay kismet (and forgiveness)!

So when he recently got in touch to tell us about his latest adventure, we absolutely had to share it with you all.

What happens when you put 10 “city” guys and 10 “country” guys in a house to battle for the affection of one gorgeous bachelorette? Well, you get Sweet Home Alabama, which debuted last week on CMT. What does this have to do with Tripp’s perfect swimmer’s abs? Well because he’s on the show, obviously.

Raised on fried chicken, turnip greens and grits, it’s no wonder show producers reached out to Tripp to get him on the show after spotting him on Cosmo’s list. He’s actually looking for the love of his life (how cute) and says he won’t date a girl unless he can see himself marrying her down the road. Some of his opponents include a tobacco farmer from Tennessee, a Hollywood financial adviser, a Birmingham bartender named Tribble (first, not last, bitch) and – wait for it – one of Snooki’s ex-boyfriends who calls himself a singer/musician. This ought to be good.

Now I’m not easily swayed by southern manners and ripped abs but I have to say I was charmed by Tripp in our brief phone call for this post. So he may just have a shot to win the heart of Devin Grissom – a student at the University of Alabama in Tuscaloosa – if he can warm this salty Fedbasher’s cold black heart.

Check out our boy Tripp (he’s the one bawling at 1:55) on the show, which you can catch on CMT Thursdays at 9pm (8 Central).

Sweet Home Alabama: Thursday’s 9/8c on CMT! from Sweet Home Alabama (CMT) on Vimeo.

We hear the show includes lots of drama (surprise), douchebaggery and even a fight over the grill. Everyone knows you don’t mess with a man’s meat. Just sayin.

Tripp sums up the plot in words somewhat like this:

City guys are more interested in what they can buy the girl and showing their wealth, it’s all about the bling. They are defined by who they have dated. Country guys are more about who they are and their character, that shows through. Money shows through for city guys.

Good luck, Tripp, we’ll be rooting for you. Seriously. We’re pretty sure “reality star” wasn’t one of the manufactured scenarios many of you fell for when you were seduced into public accounting (much like work-life balance and prestige), which is why our hot little CPA friend here works for an unnamed private firm. Think about that next time you’re having a reality crisis, this guy is off chasing a chick. On teevee.

“It was such an amazing experience!” [Devin] says to a fan. “I’m a lucky girl … All of the guys on the show were so great,” said chick says on Facebook.

Someone has to blaze a trail with his sizzling fried chicken abs, it might as well be this guy. The accountant stereotype has been rewritten in recent years, not everyone is a WoW-playing, Dorito-eating shlub who doesn’t know what business casual actually means. Some are, yes. Some are also ripped. And, uh, on a reality show.

Accounting News Roundup: Big Tax Break or Big Spending?; Ernst & Young Partner Promotions in DC; Friend-on-Friend Fraud | 07.21.11

As debt talks intensify, Obama opens door to short-term deal to buy more time [WaPo]
The contentious budget talks that have dominated Washington for months intensified Wednesday, prompting President Obama to say he would accept a short-term hike in the debt ceiling if it gave lawmakers time to finalize a comprehensive deal. Obama had pledged to veto any short-term measure, but White House spokesman Jay Carney said Wednesday that the president could accept an extension of “a few days” if it allowed a long-term deficit-reduction and debt-ceiling deal to work its way throug>My Big Tax Break Looks Like Your Big Spending [Bloomberg]
There is plenty of spending to cut. For instance, we’ve got one government program that hands people money to buy houses that, in most cases, they would buy anyway. They get even more money if they buy a more expensive house. Over the next five years, that program alone will cost almost $500 billion. Another federal agency will spend more than $400 billion to reward people for making money by investing and earning capital gains and dividends rather than by going to work and taking their income in wages. I like investors and I participate in the market, but is this really the sort of activity that requires a $400 billion subsidy?

Fed planning for potential default [Reuters]
The Federal Reserve is actively preparing for the possibility that the United States could default as a deadline for raising the government’s $14.3 trillion borrowing limit looms, a top Fed policymaker said on Wednesday. Charles Plosser, president of the Philadelphia Federal Reserve Bank, said the U.S. central bank has for the past few months been working closely with Treasury, ironing out what to do if the world’s biggest economy runs out of cash on August 2.

Cisco’s 6,500 Job Cuts Could Hurt Push for Offshore Tax Holiday [Bloomberg]
Cisco Systems Inc. (CSCO)’s plan to eliminate about 6,500 jobs worldwide is complicating the corporate lobbying campaign for a tax holiday that would allow multinational companies to return $1 trillion in offshore profits to the U.S. at a low tax rate. The San Jose, California-based company, the world’s largest networking-equipment maker, has been among the most vocal supporters of a repatriation holiday being considered in the U.S. Congress. Cisco chief executive John Chambers has said he wants to return as much as $30 billion in overseas profits to the U.S. The company could increase its headcount by 10 percent, depending on details of a repatriation bill, he said before the job-elimination announcement.

Federal auditors scold IRS for slow notification of security breaches [WaPo]
In a recent report, the Treasury Department Inspector General for Tax Administration reprimanded the Internal Revenue Service for failing to notify taxpayers in a timely way — if at all —when the tax agency inadvertently exposed their personal information. IRS records showed 4,081 inadvertent disclosures of taxpayers’ personal information in fiscal 2009 and fiscal 2010. The IRS sent letters to taxpayers whose privacy was violated 86 days after the fact in 20 percent of the cases auditors examined in a sample of incidents from July 2010 to February 2011.

3 Groups Denied Break By I.R.S. Are Named [NYT]
Three nonprofit advocacy groups that were denied tax exemption by the Internal Revenue Service were all units of Emerge America, an organization devoted to cultivating female political leaders for local, state and federal government. The I.R.S. denied tax exemption to the groups — Emerge Nevada, Emerge Maine and Emerge Massachusetts — because, the agency wrote in denial letters, they were set up specifically to cultivate Democratic candidates. Their Web sites ask for evidence that participants in their training programs are Democrats.

Twitter Poised to Close a Two-Stage $800M Funding, With Half Used to Cash Out Investors and Employees [All Things D]
In a move reminiscent of one done by Facebook in 2009, Twitter is close to completing an $800 million funding deal that will include a second part in which around $400 million of the total will be used to cash out current investors and also employees. According to several sources close to the situation, the complex transaction could be completed within two weeks. Along with basic funding needs, this is largely being done this way to give those with stakes in the San Francisco microblogging company an ability to monetize their privately held common stock and also to do this selling in a more organized — and legal — manner.

Ernst & Young’s Greater Washington Office Announces Leadership Promotions [E&Y]
Four new partners in the DC office. If your office has announced promotions, we want to know.

PwC US Appoints Robert W. McCutcheon as New Industrial Products Leader [PwC]
RWM is the Pittsburgh OMP and will continue in that role but now is also responsible for leading the group that services several industries including “aerospace & defense, chemicals, engineering & construction, industrial manufacturing, metals, transportation & logistics, and forest, paper and packaging.”

Friend-on-friend swindles increase as economy flounders: Prosecutors [NYP]
Don’t forget family members.

WFT Names New Chief Accounting Officer Who Will Hopefully Avoid Any More Giant Tax WTFs

Remember Weatherford International? That’s the oil services company that had a ton of material weakness around their tax accounting that led to $500 million error. This resulted in restatements, a humiliated CFO and the Chief Accounting Officer resigning “to pursue other opportunities.”


But now, four months later, everyone has moved on and the company has some new blood:

Weatherford International Ltd. […] announced today that John H. Briscoe has agreed to join the company as Vice President –Chief Accounting Officer. Mr. Briscoe will report to the company’s Chief Financial Officer.

Mr. Briscoe served as Vice President and Controller of Transocean Ltd. from October 2007 to present. He also fulfilled additional roles in internal audit, investor relations and field finance. Prior to joining Transocean in 2005, Mr. Briscoe served as Ferrellgas Inc.’s Vice President of Accounting and served in other senior roles during his eight years with the company. Mr. Briscoe also served as Controller for Latin America for Dresser Industries Inc. Mr. Briscoe started his career with seven years in public accounting beginning with the firm of KPMG and ending with Ernst & Young as an Audit Manager. Mr. Briscoe is a certified public accountant.

Yes, that Transocean.

At Least the Jerks in Your Family Won’t Impersonate an IRS Agent to Swindle You Out of $20k

All families have individuals who seem to rub everyone the wrong way. Whether it’s that deadbeat brother-in-law who seems to owe everyone money or the bratty grandmother that threatens to cut you out of the will if you get another tattoo, there’s always someone who nobody can seem to stand. Despite these and other proclivities of your grade-A dick relatives, they’ve got some work to do to top this guy:

A 48-year-old Hilo man is going to federal prison for 17 months for duping his cousin out of $19,250 in an elaborate swindle involving a fictitious Internal Revenue Service employee in Honolulu and fake correspondence from the IRS in California and Utah.

Hua told his cousin she was being audited by the IRS and that she could pay a lower auditing fee if she hired him to do the audit rather than have the IRS do it when he knew the IRS does not charge taxpayers to audit them, according to federal court records.

At the time, Hua offered professional accounting and tax services under the business name Tri-Y Enterprises.

To persuade his cousin to continue paying him for auditing services never performed, Hua sent his cousin threatening mail and email purportedly from the IRS in Fresno, Calif., and Ogden, Utah, and from a fictitious IRS employee in Honolulu, said Tracy Hino, assistant U.S. attorney.

Hua also had his wife and daughter sign documents stating that they too were auditors working on the cousin’s tax case, Hino said.

Go hug your bitchy grandma.

Hilo man sentenced in scheme to cheat cousin [HSA]

Cut, Cap and Balance Is Just More of the Same Glut, Crap and B&#$^*!

The plan approved by the House last night traded $2.4 trillion for both the Senate and House approving a balanced budget amendment, though I’m not quite sure how borrowing more money is going to help us get our financial house in order.

If I were a legislator, I’d suggest avoiding the “Let’s pay the Visa off with the Mastercard” tactic if at all possible but that’s just me.

David Brooks broke down the Republican theatrics into four categories: “Beltway Bandits,” the “Big Government Blowhards,” the “Show Horses,” and the “Permanent Campaigners.” FYI for Caleb’s knowledge, Grover Norquist was the one named as a Beltway Bandit, though in fairness to this town, anyone could be considered that.

“The Democratic offers were slippery, and President Obama didn’t put them in writing. But John Boehner, the House speaker, thought they were serious. The liberal activists thought they were alarmingly serious. I can tell you from my reporting that White House officials took them seriously,” Brooks wrote in the NYT.

“House Republicans are the only ones to put forward and pass a real plan that will create a better environment for private-sector job growth by stopping Washington from spending money it doesn’t have and preventing tax hikes on families and small businesses,” said John Boehner in a statement.

Really? So how is it that this includes an increase in the debt ceiling?

Meanwhile, this is what Ron Paul had to say in a statement:

I have never voted to raise the federal debt limit, and I have no doubt that we face financial collapse and ruin if we continue to grow our debt. We need to make major spending cuts now, in this budget, and we can no longer afford to allow more deficit spending based on promises of future cuts.

“The CCB act would add $2.4 trillion of new debt to our gargantuan $14.4 trillion debt. CCB would also only cut $111 billion from this year’s budget, allowing a deficit of nearly $1.5 trillion. This is far from the Pledge’s call for ‘substantial’ cuts. And, CCB locks us into current levels of overseas welfare, which will continue to endanger America’s security by forcing us to subsidize other wealthy nations.

See, that’s pretty much where I’m at with this. The debt trap is impossible to get out of, anyone who has gotten trapped in a pay day loan can tell you all about that.

That’s exactly where we are. That’s where we’ve been. And where we’ll continue to be unless we get the debt monkey off our back. I’m not as concerned about subsidizing China’s explosive growth as I am about compromising our national security by letting those assholes at the Fed run the show. We owe them more than we owe China.

So Norquist may be a tax troll and I’m fine with that but this Dog and Pony Debt Show has got to stop, it’s old and it’s not doing us any good.

Anyone got a better plan?

Let’s Meet the News Corp. Audit Committee

By now you’ve probably heard that Rupert and James Murdoch had a little Q&A with some Members of Parliament in London today. You may have also heard that things got a little interesting when a man opted to put a cream (origin unknown) pie in the elder Murdoch’s face only to have his wife, Wendi Deng, get a little medieval on the Three Stooges impersonator.

Before all the excitement, things were getting a little awkward, as Rupes came off as very unprepared and on at least one occasion, was slapping the table not unlike your own octogenarian grandfather wanting to know if someone could pass the goddamn mashed potatoes. At one point, the questioning turned to legal settlements and MP Therese Coffey asked the Murdochs if they knew “how much has been paid out in legal settlements.”

James Murdoch [said] he [did] not know total number but said its customary to try to reach out-of-court settlements in many cases. Rupert Murdoch points out News Corporation had a strong audit committee to review all these things.

Right! The audit committee, that’s who you want to talk to. Of course, that’s a pretty lame answer, as Dennis Howlett noted:

Who, exactly, are these capable audit committee members? Here’s the crew from the company’s most recent proxy:

• Sir Roderick I. Eddington, Chairman – currently the non-executive chairman for Australia and New Zealand of J.P Morgan. Also former CEO of British Airways. Director since 1999.

• Peter L. Barnes – Chairman of Ansell Limited. Director since 2004.

• Andrew S.B. Knight – Chairman of J. Rothschild Capital Management Limited. Was also the Chairman of News International (James Murdoch’s current position) from 1990 to 1995. Director since 1991.

• Thomas J. Perkins – Partner of Kleiner Perkins Caufield & Byers, a venture capital company. Director at News Corp since 1996.

I’m sure all these dudes (News Corp has one woman on their board – Natalie Bancroft) are all quite capable but it doesn’t strike me a terribly robust audit committee. Having said that, it’s been reported that News Corp’s independent directors have retained Debevoise & Plimpton to represent them. The audit committee is comprised entirely of independent directors (calling Mr. Knight “independent” seems like a stretch but whatevs) and maybe they could rattle off the laundry list of legal settlements but at least it appears they’re sorta on top of things now.

How Does Americans for Tax Reform Feel About Tom Coburn’s “Back in Black” Deficit Reduction Plan?

It’s no secret that Grover Norquist’s patience with Tom Coburn ran out long ago. This hasn’t stopped Coburn from throwing out his own deficit reduction plan – entitled “Back in Black” – in order to save us all from fighting over scraps in the street. Predictably, Americans for Tax Reform has responded in due course, only they’re calling it “A Trillion Dollar Tax Hike Plan.” Maybe that’s not as bad as it sounds? Let’s take a look at some highlights:

Okay, is this really a trillion dollar tax hike? Reports say that it will save $9 trillion.

There is no rate reduction whatsoever in this plan. It’s a set of tax hikes, plain and simple.

But clearly, taxes and tax reform are complicated. Any chance we can address that?

There is no tax reform in this plan. The plan would undermine prospects for long-term tax reform.

A 600-page proposal clearly doesn’t happen without some planning. Tom Coburn must have had a plan. What was it?

It’s now clear Senator Coburn’s plan all along was a trillion dollar tax hike. Senator Coburn pretended to care about ethanol (until he was forced to admit he supported the ethanol mandate, the cause of 98% of government-induced ethanol production). In reality, he wanted to lay the groundwork for GOP support of this trillion dollar tax hike plan.

Tom Coburn has a reputation for being a staunch conservative. Does he live up to that reputation?

The Coburn trillion dollar tax hike is far outside the mainstream of the conservative movement, as well as where Congressional Republicans are.

Is there anything good about Coburn’s proposal?

ATR has long called for a “tax me more” checkoff for limousine liberals who complain that their taxes aren’t high enough. Rather than hiking taxes on everyone, these rich liberals should be able to pay more voluntarily to assuage their left-wing guilt. The Coburn plan does have this, providing a silver lining to an otherwise cloudy forecast for taxpayers.

And you probably thought ATR couldn’t say anything nice about the plan.

Senator Tom Coburn Proposes Trillion Dollar Tax Hike Plan [ATR]