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$500k Will Not Satisfy One CPA’s Quest for Vindication

TOLD YOU.jpgA CPA in Redmond, Washington is receiving $500,000 from the state’s board of accountancy after battling with them for nearly five years over a disciplinary action that probably should have been NBD.

D. Edson Clark had claimed that the state Board of Accountancy was improperly pursuing unwarranted charges against him in retaliation for complaints he had made about the handling of another case. He requested tens of thousands of pages of public records and launched seven lawsuits against board employees over the past two years.


Clark was very determined to clear his good name. So much so that the Board of Accountancy claimed, “it has been disrupted by Clark’s requests, and that his demands for public records are burning up its budget and limiting its ability to function.” Apparently, the Board was so overwhelmed that it threatened Clark with an anti-harassment complaint because the volume of emails he was sending was disruptive.
This brings up some questions: A) How many emails does it take to disrupt an office? B) Did they try hiring a temp? C) Was Clark spending his entire day copying and pasting the same email over and over or was he drafting individually scathing rants? D) At what point does a person cross the line of crazy-ass obsession?
Despite the metric asston of emails received by the Board, a judge in one of Clark’s lawsuits was not impressed with the Board’s handling of the situation:

In an oral hearing in June, Judge Thomas McPhee, a judge in Thurston County Superior Court, said that the board had “developed a pattern of incompetence in answering these discovery requests that is just difficult to believe for a state agency.”

We’re all familiar with governments’ inability to do much of anything but for a judge to put the situation in this context might be a new low for bureaucratic inefficiency.
Don’t worry though, the saga isn’t over as Mr. Clark has indicated that he plans further litigation in order to FULLY EXONERATE himself. Nevermind that the $500,000 is over a third of the Board’s budget. This is obviously personal. We admire the gusto.
Redmond CPA to get $500K settlement from state board [Puget Sound Business Journal]
Redmond accountant, Washington regulator at odds [Puget Sound Business Journal]

Bonus Watch: Follow-up on Grant Thornton

Thumbnail image for Thumbnail image for Grant-thornton-logo.JPGAccording to a tip we received, less than “special” people at GT are receiving bonuses too:

Based upon my salary [the bonus is] about 2%….[I’m] assuming the criteria for a bonus wasn’t as stringent as Nusbaum made it out to be, or the pool was larger than we were led to believe. Based upon the call with Nus, I figured only 5.0 would get a bonus.

A pleasant surprise for some. This particular tip came out of the Southeast region. Apparently these conversations are occurring circa now so continue to keep us updated for your city or region.

(UPDATE) Madoff Investors Sue KPMG, JP Morgan, Bank of New York Mellon

By our last count KPMG had been named in ten lawsuits related to Madoff feeder funds. What’s one more?

KPMG, JP Morgan, Bank of New York Mellon, Oppenheimer Acquisition Corp. and Mass Mutual Life Insurance, along with the Tremont founders were all named in an amended lawsuit that was filed yesterday.

Cotchettt, Pitre, & McCarthy, the attorneys for the Plaintiffs, are not mincing words on KPMG’s part in the whole mess. From the firm’s website:

The sheer size and scope of the fraud make it impossible for Madoff to have acted alone. The complaint alleges JP Morgan and the Bank of New York as well as powerhouse accounting firm KPMG LLP and their international counterparts, KPMG UK and KPMG International were primary players responsible for the fraud.

The amended complaint further alleges that the phantom trades “should have been discovered by KPMG UK, the auditor for Madoff’s London based operation, Madoff Securities International Ltd. Instead, KMPG UK never raised any red flags that investors’ money was used by Madoff as his personal piggy bank.”

KPMG declined to comment for the Reuters article but we’ll assume that they don’t take kindly to the complaint.
Madoff investors sue KPMG and major banks [Reuters]

MADOFF_WEXLER_FIRST_AMENDED_COMPLAINT.pdf

UPDATE: The UK Firm issued the following, per Accountancy Age:

KPMG considers the allegations in the complaint to be wholly without merit and will defend them vigorously. The complaint cites KPMG in its capacity as statutory auditor of Madoff Securities International Limited (MSIL), a London based company directly owned by the Madoff family. KPMG acted in this capacity for several years and issued unqualified audit opinions on MSIL’s financial statements. We are not aware of any suggestion that the financial statements of MSIL contain errors.

Preliminary Analytics | 10.21.09

Thumbnail image for mr.met.jpg• Mets Win One: Owners Made Money on Madoff – “A partnership connected to the baseball team — which had widely been rumored to have lost money investing with Bernard Madoff — actually gained a net $48 million from its dealings with the convicted swindler, according to a bankruptcy-court filing.” [WSJ]
• Madoff adjusts to life in prison – Bottom bunk. He would’ve called the top but when you’re in your 70s, sometimes you just let things go. [BBC]
• CIT debt offer by obscure fund raises questions – Including: How desperate is CIT? [Reuters]
• A Sarah Palin Tax Problem? – Auctioning off a dinner with Governor Maverick makes for some IRS hoop jumping. [TPM]

Review Comments | 10.20.09

ubs_6.jpg• UBS Accidentally Leaks Names to Post Office – One day UBS will do something right. [Web CPA]
• Patricia Cornwell’s Latest Mystery – Suing her accountants and business advisors for allegedly losing $40 mil. [TDB]
• Wall Street on edge as SEC top cop gets aggressive – Khuzami seems to be doing fine and even has a sidekick. [Reuters]
• PwC’s Lehmans fees top £154m [Accountancy Age]
• Denham Receives AICPA Medal of Honor – Highest award given by CPAs to a non-CPA. [TaxProf Blog]
• Some Internal Audit Staffs Cut in Recession — But Not All – Good news: 2009 is the peak of layoffs! Bad news: They will still continue in 2010. [Compliance Week]

Overland Storage Probably Fired PwC Out of Spite

you are fired.jpgIt appears that Overland Storage’s audit committee was pissed off enough about a second consecutive going concern audit opinion that they just up and fired PwC last week.
San Diego-based Overland filed the 8-K, notifying the Commission of the dismissal, on October 16th which also named Moss Adams as the new auditors. At the request of Overland, PwC sent a two sentence letter to the SEC stating that they “agree with the statements concerning our Firm in such Form 8-K.”
The Register states that Overland was all bent out of shape because PwC didn’t explain why they issued the going concern opinions:

While even accountants are entitled to a view about the state of the struggling business, Overland was upset because PwC didn’t actually identify any specific factor in the accounts that led them to that conclusion.
Presumably PwC was expressing a view based on such business events as Overland avoiding running out of cash by factoring arrangements, repeated staff headcount reductions, Nasdaq delisting, declining revenues and losses. Overland’s thinking is that, if so, it shouldn’t have.

The most recent 10-K has all the gory details and as The Register pointed out, Overland didn’t think all those negative things really matter, so obviously, firing the auditors was the next logical step. Moss Adams will get the esteemed pleasure of holding Overland’s hand to the bitter, tragic end.

KPMG Halloween Party: Don’t Expect Treats in the Form of Bonuses

With the cancellation of Christmaskah by most of the Big 4, one would think that a small Halloween fiesta would at least be possible (you know, for the kids).
Good news! At least one KPMG office is contemplating the idea, with the local staff’s help (italics are from the original email):

For $5 you may wear jeans. All donations will be used for the Family Halloween Party. If you would like to participate, please see [redacted] at the reception desk on the 27th floor.

Please note that if you are at a client site that does not subscribe to jeans day, you still need to dress to the client’s dress code.

Please remember you are still in a professional environment and wear professional clothing with your jeans. Additionally, please wear jeans that are in good condition to obtain a clean, professional appearance.

Got it? You want bite-sized 3 Musketeers, Snickers, and the like, you can pay for it. And btw, if you come in with frayed hems, your ass will be sent home.

Rumor Mill: Ernst & Young Bermuda Needs a Few More Hours Out of You

According to a tip we received, beginning this week E&Y is requiring its professionals in Bermuda to charge 50 hours a week through mid-December. This is up from from the normal 40, according to our source.
Our source also indicated that the mandatory 50 hours is considerably more than what the other firms require, citing Deloitte who “has minimum 37.5 hours year round.”
For our friends working offshore, give us the scoop on your hours approaching year end. We also expect a few of you have worked in Bermuda and even more of you have worked with professionals in the Bermuda or other offshore offices, discuss your thoughts in the comments.

IASB: You Want a New Fair Value Rule? You Got It. Just Don’t Ask Us About Convergence

tweedie.jpgThere’s no doubt that you’ve been awaiting the IASB’s new fair value rule with feverish anticipation. Well, your wait is nearly over because when Sir David Tweedie says he’s going to do something, by God, he means it:

In an address to a meeting of European Finance Ministers, which have in the past been critical of the IASB’s response to the financial crisis, Tweedie has sought to ease concerns by announcing that he is on track to deliver a new fair value standard by the end of this year.
“I gave a commitment to deliver on this timetable. We will publish the new standard in November,” he said.

This is all very exciting for Tweedie and the IASB since it feels pretty damn good anytime you stick it to your critics but…
Small problem: The new rule still won’t require loans to be marked to fair value which is the exact opposite plan of Bob Herz and the FASB, “FASB’s proposal will see all assets measured at fair value. The IASB’s mixed measurement model would see banks’ loan books valued on an amortised cost basis.”
Obviously the two rulemakers, fresh off the tongue lashings they received from their respective governments for their part in the worldwide economic meltdown, decided that they had no choice but to put out the fair value fire pronto. Meanwhile, convergence of accounting standards (what the IASB is really serious about and could be the next Big 4 gravy train) remains a pipe dream.
Fair value standard will be released next month: Tweedie [Accountancy Age]

The PwC Experience, Romania Edition, Involves Fifteen Unpaid Days Off for Everyone

mandatory.jpgWhores PwC employees in Romania are being sent on mandatory vacay starting this month through June 2010. The leave will be for fifteen days and will be unpaid, according to Ziarul Financiar, a daily financial newspaper published in Bucharest.
We were hoping that the firm would require everyone to take the same fifteen days off in order to participate in a firm wide charity event but instead PwC Romania has asked to employees to take turns being quasi-unemployed for half a month and will simply do more with less.
This is not a measure that we have heard about occurring Stateside but there have been delayed start dates and sabbaticals which some may say are close enough. However, the innate ability for Big 4 types in the U.S. to show up to work when they aren’t supposed to would certainly foil any potential cost savings. Until, of course, someone reminds them, “Aren’t you supposed to be on vacation?” to which the glutton for punishment replies, “Oh, I’m not charging the time.”