Local Accountant Incorporates KPMG’s “Red Meat Is a Great Thank You” Strategy

Lewis Weinstein’s professional referral website was having trouble gaining traction. ReferralKey seemed like a good idea but unfortunately it wasn’t creating the buzz that he had hoped for.

Weinstein, a third-gen tax accountant, knew that there a few rewards that could relate to most people – religious types and vegetarians be damned – that could possibly help his website take off:

Weinstein, a serial entrepreneur and third-generation tax accountant in Needham, found that professionals using the site felt it just wasn’t helping them generate enough new business. “The common response was, ‘I thought you were gonna send me referrals,'” he says.

That’s where the steaks come in.

[…]

Users of the site can also upload their databases of clients and send out a message encouraging them to refer their friends and relatives to their trusty financial planner, for instance. “The site will track what happens as a result, and offer them an Omaha Steaks gift certificate, one from Callaway Golf, or one from L.L. Bean, for the new business that gets generated,” says Weinstein.

Sure golf stuff and LL Bean could be nice but Weinstein knows that few can resist the lure of sweet, sweet flesh during the dead of summer, thus he knew he had a winner on his hands. “Since [the red meat awards began], it has grown to just over 32,000 members. He raised a first round of about $1 million from individual investors to launch the site, and says he’s now hoping to raise a $3 million second round from venture capital firms.”

Now whether he stumbled upon this particular bit of heart disease generating ingenuity by way of KPMG is not clear, however since the House that Klynveld built has been tossing out the sirloins for a few years now, he can hardly be comfortable taking this idea as his own.

‘Thanks for the referral. Here’s your steak.’ [Boston Globe]

Live Blogging the Overstock.com Q2 Earnings Call

Your friendly Human Resources Professional Daniel W. Braddock will be joining me today for this particular Overstock powwow. He and I will be chatting live and I’ll be updating periodically. You can listen yourself by calling here: dial (866) 551-1816 and enter conference ID 90318167 when prompted and chime aniel: I’m in
President here we go
ahhhhh speaker phone.
it’s like these guys have never been on a conference call before
me: i’m not in yet
Daniel: you’re missing the legal mumbo jumbo
me: proceed with commentary until i get on
Daniel: He’s recommending having the q2 and 10Q/K available as references
Jonathan hands over to Steve
me: oh that’s a relief
Daniel: Revenue up 32% from q2 ’09 to ’10
gross margin way down
shocker
me: I’m on! And yes, it’s a snoozer so far but the balance sheet is sound! Whatever that means.


Daniel: slide deck? what slide deck?
off to slide 4 already?
help!
me: Jesus
I can’t follow this
Slide 5?
Anyone else having trouble keeping up?
Daniel: Who is this guy? Used the word “starch” to describe cash flow
Pretty sure he just tripped over slide five and fell on slide 6
whatever that mean
means*
3:11 pm me: Good grief
they’re talking GAAP
thin ice boys
very thin ice
Daniel: and no one knows if their numbers are an all-time high or not
me: well
Daniel: you have THREE years of numbers to remember
me: memory is a tricky thing if you’re on medication
i kid Patrick
I kid
Nothing but love
Daniel: Pretty sure slide 10 was removed from the presentation…
me: You’re looking at the slides?
Daniel: From an HR/public speaking perspective this man is atrocious

3:15 pm; me: Christ
the customer satisfaction poll
again?
Old news guys
Daniel: When you only have a few cards in your back pocket, you must re-use
Daniel: Have you ever purchased anything off of Overstock.com?
me: God no
Patrick is wrapping up already
Daniel: Is he wrapping up or is he getting the hook?
me: Btw, Sam is live tweeting the call, you can follow it here:
Daniel: IS THE WINDOW OPEN??
me: http://twitter.com/SamAntar
Daniel: I HEAR TRAFFIC OUTSIDE
me: “there’s not a person in this company that knows what Wall St.’s numbers are”
That’s amazing
Shareholders are you listening?
me: Questions
coming up
Bueller?
Bueller?
Jesus
no questions?
Daniel: You need investors first
me: Matt Schindler
BofA
or maybe not
who is this guy?
Daniel: Trends in spending
on Overstock? Try suits from 1997
me: Apparently Sam’s phone number is blocked
Sam, I hate to say it but I’m not surprised
Intelligence on the site?
Come on people
Is that it?
“it’s nice talking to smart owners”
End of call
Jesus man
Daniel: That was painful
me: Thoughts?
is there a holiday today that I’m not aware of?
Daniel: I simply think people do not care about the current state of this company
from a management perspective – good LORD were they unorganized.
Byrne spoke like he was conversing with close colleagues: lingo was very internalized; assumptions about background were made.
How you are not able to call on basic numbers from two years ago boggles my mind as well.
me: They blocked off an hour for that?
I feel gypped.
Not even 30 minutes
I think we were on to something skipping the Q1 call
Daniel: Welcome to Wall Street in August
me: Good point
See you for Q3 I guess
Maybe Sam will have more on this dumped stock
by then
Daniel: Here’s hoping.

Sam Antar Respectfully Requests to Be Included in the Overstock.com Earnings Call

Sam is certainly as insightful as the Easter Bunny:

From: Sam E. Antar

To: Patrick Byrne
Board – Jonathan Johnson
Joseph Tabacco

Dear Patrick Byrne and other persons from Overstock.com:

Overstock.com’s Q2 2010 conference call is scheduled for today at 3 PM ET. I will be calling in. I expect to be permitted to participate in said call and ask relevant questions about Overstock.com. As I recall, in 2005 you allowed a lay person named Phil Saunders AKA Easter Bunny to participate in the call.

Sam E. Antar


Gary Weiss predicts that Sam won’t be allowed to participate but stranger things have happened (e.g. Overstock turned a profit last year).

Earlier:
Remember the $3 Million in Overstock Shares Patrick Byrne Sold? Sam Antar Does

Remember the $3 Million in Overstock Shares Patrick Byrne Sold? Sam Antar Does

Last we heard from Patrick Byrne, the Overstock.com CEO and Farmville enthusiast, he had just disposed of 140,000 shares of OSTK via High Plains Investments, LLC, an entity 100% owned by PB. This had a few people scratching their heads, including us.

At the time, we wondered why Patsy would need to dump the shares, especially after all the excitement the company generated by turning their first profit ever in 2009 and a profitable Q1. We were hoping that the KPMG engagement team – that was doing such a bang-up job – would get some new Segways to cruise SLC but pesky independence rules probably got in the way of that.


Regardless, Q2 wasn’t expected to be a showstopper but when asked, Patsy wasn’t worried, telling Investor’s Business Daily, “Given that in 2009 we had close to $40 million of free cash flow (and $8 million net income), I think we should just continue building the intrinsic value of the business right now.”

Well! The Company reported its Q2 earnings after the close yesterday and, um, they missed the numbers badly. The $0.02/share loss expected by analysts was tripled with a loss of $0.06/share. As you might expect, the shares are taking a beating and Byrne nemesis Sam Antar finds this just a little bit fishy:

[N]ine days after Q2 2010 ended, Byrne led investors to believe that Overstock.com was going to break even in that quarter by citing previous year’s free cash flow numbers. However, Byrne did not mention that Overstock.com’s free cash flow for the six months ended June 30, 2010 was negative $54.8 million compared to negative $35.8 million in the previous year’s comparable perid [sic] or about $19 million lower.

So, there’s that. OH! And the $3 million in shares. Don’t forget that.

Overstock.com CEO Patrick Dumped Stock Ahead of Bad Earnings Report and Misled Investors About Earnings [White Collar Fraud]

Wonky Accounting Insight in 140 Characters or Less: The FASB Is Now on Twitter

Technically it’s the Financial Accounting Foundation that has the handle: @FAFNorwalk and it also includes anything the GASB but really the FASB is who we expect to go on the offensive here.


They’ll be able to take on the haters with pithy commentary, give us the latest on their (less) ambitious convergence efforts and maybe, if we’re really, really, really lucky Bob Herz will spin off his own version of @CrankyKaplan. @DisturbedHerz, perhaps?

We have hope.

Fasb Twitter Pr

Apparently the ‘Wildly Inaccurate’ Accounting at Scott Rothstein’s Law Firm Didn’t Impress Some Miami CPAs

Unless you were born blind and deaf, you may have noticed that South Florida has its share of shady characters. We all know that Berns Madoff frequented the area. Plus there’s the obsessively dapper Lew Freeman, who was Miami’s go-to forensic accountant until he thought he’d just keep his client’s money.

Another model citizen/criminal in FLA is Scott Rothstein. His Ponzi Scheme managed to bring in just over $1 billion and he got 50 years for his trouble. But now the fallout from Rothstein’s little stunt is now raining hell on Miami accounting firm Berenfeld Spritzer Schechter & Sheer.


The trustee overseeing the bankruptcy of Rothstein Rosenfeldt Adler has accused Berenfeld, et al. of funneling $450 million to Rothstein.

As you can imagine, the crew over at BSS&S aren’t thrilled with the accusations and called the suit, “inaccurate and flawed,” and claim that they “conducted [our] duties professionally, conscientiously and in good faith.”

Well, the trustee obviously doesn’t see things that way and laid out several allegations, specifically, the following:

• Berenfeld improperly adjusted RRA’s income by $20 million in 2007 and by $75 million in 2008.

• Berenfeld withheld information from RRA President Stuart Rosenfeldt (who has claimed he had no knowledge of firm finances and couldn’t read a balance sheet).

• Berenfeld prepared tax returns in a way that did not distinguish between RRA operating cash and client trust funds, giving the misimpression that RRA had more available cash than it actually owned.

• Berenfeld did not pursue information about bookkeeping after RRA staff – including CFO Irene Stay and COO Debra Villegas – denied access to information about bank statements, fee income and trust accounts.

• Berenfeld “knew of wildly inaccurate RRA bookkeeping and inadequate accounting personnel evidenced by the way in which books and records were created and maintained, leading to extraordinary adjustments, tantamount to rewriting the books and records of RRA.”

• Berenfeld provided a “nebulous” letter to Rothstein to help cover up $15 million in suspicious transactions in response to an anti-money laundering compliance inquiry from Gibraltar Bank.

Now, we’ve heard that law firms aren’t the best when it comes to running their businesses, but ‘wildly inaccurate bookkeeping and inadequate accounting personnel’ that leads to ‘extraordinary adjustments, tantamount to rewriting the books,’ takes things to a whole new level. Berenfeld employee TerryTracy Weintraub gets special attention in the suit, so we can presume he’s the one responsible for knowing – and not being too concerned – about RRA’s exceptionally shitty books. Oops!

Accounting firm sued over Rothstein work [SFBJ]

What’s the Deal with These Bush Tax Cuts Expiring?

Good question, you say? If you mosey around the web for a nanosecond, you’re likely to run into an article that is debating whether or not the 43rd President’s tax cuts from 2001 and 2003 should be continued. Since Nancy Pelosi is determined to get a vote on this pre-election day, the political rhetoric on this issue is flowing like a river of sewage you dare not dream of.

To help you make sense of it all, we perused some of the tax wonkiest corners of the web to bring you some perspective. And of course, some less bright observations.


The Tax Foundation has a breakdown of how the expiration of the tax cuts would affect “Average Middle-Income Family, by State and Congressional District.” It’s simple to find your state/district to see the effect that the expiration of the cuts would have on you.

• Over at the Journal, Washington Wire presents the biggest winners and losers from the tax cuts being extended:

Among the states that would save the most from extending the tax cuts, according to a draft of the study: Alaska ($1,959 per family); Connecticut ($1,903); Maryland ($1,756); Massachusetts ($1,831); New Jersey ($1,860) and Utah ($1,779). The lowest savings for middle-income families would be in D.C. ($1,237); West Virginia ($1,316); and Mississippi ($1,355).

• Apparently Alan Greenspan still has a shred of credibility left because he weighed in a couple of weeks ago, telling Bloomberg, “I should say they should follow the law and let them lapse.”

• The Beard doesn’t agree with his predecessor, telling the House Financial Services Committee, “In the short term I would believe that we ought to maintain a reasonable degree of fiscal support, stimulus for the economy. There are many ways to do that. This is one way.”

• William G. Gale, a senior fellow at the Brookings Institution and co-director of the Urban-Brookings Tax Policy Center, wrote in the Washington Post about five myths around the tax cuts, including their affect on small businesses:

One of the most common objections to letting the cuts expire for those in the highest tax brackets is that it would hurt small businesses. As Sen. Orrin Hatch (R-Utah) recently put it, allowing the cuts to lapse would amount to “a job-killing tax hike on small business during tough economic times.”

This claim is misleading. If, as proposed, the Bush tax cuts are allowed to expire for the highest earners, the vast majority of small businesses will be unaffected. Less than 2 percent of tax returns reporting small-business income are filed by taxpayers in the top two income brackets — individuals earning more than about $170,000 a year and families earning more than about $210,000 a year.

Derek Thompson is a little more pragmatic than most, arguing that President Obama should extend them for a year in order to buy some time to work on comprehensive tax reform:

The president should extend the Bush tax cuts — yes, the whole dang thing — for a year to temporarily silence his critics. Then he should use 2011 to knock it down and build a tax system that’s right for the next decade. Working off a bipartisan plan, real tax reform would simplify the income brackets and eliminate the multitude of deductions and exemptions that distort the economy with bad incentives and leave hundreds of billions of dollars on the ground.

• Fred Thompson (no relation that we know of) is using his camera moxie to voice his support for the extension of the cuts:

• Ezra Klein agrees that some cuts will be extended temporarily, although the debate among citizens isn’t as clear:

The cuts for the rich are likely to be extended for at least two years. The cuts for the middle class are sure to be extended for even longer than that. Total cost to the deficit over the next 10 years? More than $3 trillion, and maybe more than $4 trillion.

But according to a Pew poll, the American public isn’t as sure about this as the politicians are. A slight plurality — 31 percent — want all the tax cuts repealed. Thirty percent want the cuts for the rich extended. In other words, opinion is divided.

• And even though she needed crib notes, Sarah Palin managed to tell Fox News’ Chris Wallace that letting the cuts expire ‘idiotic’:

“[Obama’s] commitment to let previous tax cuts expire are going to lead to even fewer job opportunities for Americans,” Palin said. “It’s idiotic to think about increasing taxes at a time like this.”

“My palm isn’t large enough to have written all my notes down on what this tax increase, what it will result in,” Palin continued.

Host Chris Wallace noticed that Palin did indeed have something written on her palm. “Can I ask you, what do you have written on your hand?” he asked.

“$3.8 trillion in the next 10 years,” Palin responded, “so I didn’t say $3.7 trillion and then get dinged by the liberals saying I didn’t know what I was talking about.”

But who would ever get the idea that Sarah Palin didn’t know what she was talking about?

FASB to Make Heads or Tails of Repurchase Accounting Soon Enough

Back in April when he was testifying before the House Financial Services Committee, FASB Chairman Bob Herz couldn’t really say one way or another what he thought about the repurchase accounting that Lehman Brothers was using.

At the time, Herz just said that FASB would work diligently with the SEC (no porn allowed), that Lehman skirted the disclosure rules and that they were going to get to the bottom of this, come hell or Barney Frank’s shrewd disposition.


In a recent meeting with his fellow double-entry wizards in Norwalk, Herz said that he was opening up ‘a very targeted scope project’ that will get to the bottom of this pile:

“Once we’re made aware that people are trying to structure around specific provisions in the accounting literature, it makes you think about whether those provisions need to be looked at,” he told the board. “We’ve asked the staff to take a look at that and come back with some recommendations in the pretty near term,” he said.

FASB Plans New Rules Around Repurchase Agreements [Compliance Week]

Fulltime Offer Watch ’10: Big 4 Class of 2011

Now that it’s officially August, that means a few things:

1) Everyone around starts bitching how summer is almost over

2) The tax compliance folks take a field trip to the nearest Radio Shack to stock up on their batteries for the two and a half month stretch and

3) This year’s interns starting getting their offers for fulltime employment.


This of course means that your coffee jockeys and Xerox operators will start stressing over everything that they’ve ever done this summer and whether it’s good enough to be blessed with the honor and privilege to attain fulltime Big 4 employment.

So if you veterans out there have been doing your job, you’ve shaped some fine, young, booze-drenched minds into someone that is going to your new associate next fall. If you feel like giving them some credit below. And interns, if you’ve gotten some good news (official or otherwise) jump for joy below and share your experiences – the good, the bad, the truly mortifying (extra bonus points here).

UPDATE: Straight out of the rumor mill, we’ve heard that some E&Y interns have already found out that they won’t be partying with Mickey & the Gang:

There was a round of interns who were let go on Friday. They were told to come in to the office and terminated, offers not given. Saves the expense of sending them down to Disney (the interns that remain leave this Wednesday). There were at least 3 let go in NY.

Happy Birthday Sarbanes-Oxley!

Eight years ago on this this glorious day, the ‘Public Company Accounting Reform and Investor Protection Act’ (in the Senate) and ‘Corporate and Auditing Accountability and Responsibility Act’ (in the House) came together to bring us Sarbanes-Oxley.

Most of you didn’t realize it at the time but this particular piece of legislation created thousands of new jobs at Big 4 firms, only to find those people out on their asses a few years later. Oh, well. Luckily, there are plenty of options with you holders of the accounting degree.


We perused the SOx Wikipedia page to find out some things worth noting:

• The final version passed the House 423-3Jeff Flake (R-AZ) and Ron Paul (R-TX) were two of the three voting ‘nay,’ but Flake and Paul pretty much vote against everything.

• It passed the Senate 99-0 but our friend Jim Peterson has said, “the inability of Sarbox to reach global-scale problems shows the futility of legislation so politically anodyne that it passed the US Senate [unanimously].”

• GWB called SOx, “the most far-reaching reforms of American business practices since the time of Franklin D. Roosevelt.” This, many will argue, has now been trumped.

• The PCAOB! If it wasn’t for Sarbanes-Oxley, there would be no PCAOB. Well, and some recent help from the SCOTUS.

Anyway, we’ve probably said enough. If you have fond wishes or memories of Sarbanes-Oxley that have transpired over the last eight years, cut loose in the comments.

Got Thoughts on Dodd-Frank?

No, Dodd’s hair and Barney’s thriftiness are not at issue here.

Mary Schapiro needs constructive comments from the peanut gallery because this thing is a week old and since some people at the Commission have the attention of Tom Petters, they can’t afford to lose focus.

Just jump over the Public Comments page and let ‘er rip. Any section you want get down with your wonky financial reform knowledge is welcome.

It has not even been a week since the President signed the regulatory reform legislation into law, but at the SEC we are already working to fully implement the dozens of studies and rulemakings required of our agency,” said Chairman Schapiro. “We recognize that the process of establishing regulations works best when all stakeholders are engaged and contribute their combined talents and experiences. We look forward to preliminary public comments in these areas.

Not only that! The SEC needs more people. This 2,000-some odd page behemoth is putting asses in cubes and more of the kicking ass and taking names will be had. Just two ways you can join the good times going on at the SEC.

SEC Chairman Schapiro Announces Open Process for Regulatory Reform Rulemaking [SEC]