“People who use public facilities for private purposes pay an appropriate rental fee so that taxpayers are not subsidizing a private event. The Library of Congress and the Smithsonian museums regularly rent out space for private functions. Perhaps they could suggest to the President and his campaign a reasonable price for use of the U.S. Capitol and the House chamber as a backdrop for his upcoming political rally.” [ATR]
- Friday Footnotes: Feds Get a Tax Preparer in Their Biggest Pandemic Relief Bust Yet; AI Is Coming For Offshore Busy Work | 4.10.26
- Apparently Shouting “Promote Me! Promote Me!” in a Partner’s Face Can Get You Promoted at Deloitte
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Ernst & Young Aware of This Sino-Forest Situation, Seems Content to Watch It Play Out
Jonathan Weil has a column today on the train wreck that is Sino-Forest, the Chinese-Canadian timber company. In case you need caught up, there have been some questions about the company’s ability to report accurate disclosures and accounting. This led the research firm Muddy Waters to issue a not-so-flattering analysis of the company. Things like “Ponzi scheme” and “investing for the 23rd Century” don’t exactly get people jumping up and down for your company. Ask John Paulson.
Of course Sino-Forest didn’t do this all by themselves. They had credit rating agencies and auditors telling them everything was hunky dory for years and that’s Weil’s point. He reports that Fitch pulled its rating on S-F back in July and S&P finally pulled their rating this week. That just leaves Moody’s but guess who else is still hanging in there? Ernst & Young, baby! They’re still standing behind their audit opinions and showing no sign of budging. And JW is really curious to know who’s going to jump out of this tree first.
One question lingers: Which of the company’s paid opinion merchants will be the last to step aside? Will it be a credit rater? Or will it be the company’s auditor, Ernst & Young LLP in Toronto, which has yet to rescind any of its reports on Sino-Forest’s finances?
So far Ernst looks like the favorite, with only one rating company left in the hunt. Think of it as a contest between giant tortoises to see which one is slower. This time-honored ritual — of market gatekeepers waiting to blow the whistle until long after a scam has been exposed — has become so familiar, we might as well revel in the spectacle.
So these “gatekeepers” Weil speaks of – obviously this includes the Big 4. And it’s true that we’re all used to them waving their arms, screaming “DANGER!” in front of the burning heap that everyone has been aware of for ages (I didn’t say Lehman Brothers. Did you say Lehman Brothers? Who said Lehman Brothers?).
ANYWAY, E&Y should know that they have choices:
Ernst does have options, aside from bracing for the inevitable years of litigation and investigations. It could resign, explain why it is doing so and face criticism for acting too late. It could withdraw its previous audit opinions. It could insist to Sino-Forest’s directors that it be permitted to answer questions from the public about the work it has performed, as a condition of remaining onboard. Or it could hang on in silence, as it’s doing now, and watch its reputation endure more damage.
Could be that this is just another part of E&Y’s strategy. Sit tight while things play out, wait until things get really serious (i.e. bankruptcy, severe economic turmoil, civil charges, etc. etc.) and then come out swinging.
Tree Falls on Sino-Forest, Auditor Can’t Hear It [Bloomberg]
Former Payroll Manager for San Francisco Giants Suspected of Embezzlement After Taking a Little Too Much Credit for Team’s Success
A lot of work goes into building a championship baseball team. Good pitching, solid defense and, contrary to some people’s opinion, pinstripes seem to help. What many people easily forget is that there is more to it than just talent on the field. There’s the business aspect of baseball that is essential to every successful team. You can’t just throw a bunch of money around and hope for the best, Steinbrenners. There has to be a plan. The San Francisco Giants, the reigning champs, are one of those teams. Unfortunately for the Giants, they are not impervious to bad luck. Case in point – Robin O’Connor, a former payroll manager for the team, has recently been accused of embezzling more than $1.5 million from the organization. The team was not aware that this misappropriation was happening until someone at Bank of America (Yes.) rang them up with news of a letter they received from Ms. O’Connor, who had recently applied for a home loan and had written a letter explaining two very large deposits into her bank account. Apparently, someone at BofA found the following a little bit out of the ordinary:
“Because of her outstanding contributions to our Major League Baseball team and front office during the 2010 season that assisted us in accomplishing our goal of winning the 2010 World Series, she was given two additional payments of compensation in May 2011,” the letter, quoted in the affidavit, states.
Yes, the correct calculation of federal, state, social security, medicare and other miscellaneous deductions were of such magnitude that it warranted not one but TWO bonuses for Ms. O’Connor. Because if no one gets paid, no one is happy. And unhappy players don’t perform.
ANR: Is Accounting Transparency Always a Good Thing?; AICPA Asks IRS for Extension After Irene; Parmalat Suit Dies Another Death | 09.01.11
Obama Moves Jobs Speech After Skirmish With Boehner [NYT]
In a surreal volley of letters, each released to the news media as soon as it was sent, Mr. Boehner rejected a request from the president to address a joint session of Congress next Wednesday at 8 p.m. — the same night that a Republican presidential debate is scheduled. In an extraordinary turn, the House speaker fired back his own letter to the president saying, in a word, no. Might the president be able to reschedule for the following night, Sept. 8? For several hours, the day turned into a very public game of chicken. By late Wednesday night, though, the White House issued a statement say Obama “is focused on the urgent need to create jobs and grow our economy,” he “welcomes the opportunity to address a joint session of Congress on Thursday, Sept. 8.”
More Accounting Transparency May Distort Markets [Bloomberg]
In the post-crisis regulatory environment, companies are under pressure to disclose more. The Financial Accounting Standards Board and the International Accounting Standards Board have been trying to improve both U.S. Generally Accepted Accounting Principles and the International Financial Reporting Standards, and make the two sets of accounting rules fully compatible. The goal is to produce a single set of international conventions that achieve a high degree of reporting transparency. The benefits of more transparent reporting seem obvious: Companies with a high degree of disclosure would allow outsiders to exercise better market discipline, which, in turn, would improve resource allocation in the economy. However, the view that greater transparency enhances market discipline and therefore economic efficiency holds true only in a “Robinson Crusoe” economy, that is to say one in which a single decision maker is learning about a company whose decisions are taken as given and whose future cash flows or economic fundamentals are therefore fixed.
Natural Disasters and Your Taxes [Smart Money]
Apparently there’s a bit of flooding going on.
AICPA Asks IRS to Extend Tax Deadline after Hurricane [AT]
“Many of our members are currently actively engaged in preparation of corporate, pass-through entity and trust tax returns with extended filing deadlines of September 15, 2011,” wrote AICPA Tax Executive Committee chair Patricia Thompson in a letter Tuesday to IRS Commissioner Doug Shulman. “The provision of these services has been drastically affected by the aftermath of Hurricane Irene. We are hearing reports of members who have limited Internet connectivity and power outages, both at their offices and at their personal residences. Our members have experienced massive transportation disruptions and flooding of their residences and offices. Also we have heard from members who are having difficulty communicating with their taxpayer clients who are located in the affected areas, including difficulty obtaining information necessary to prepare the return.”
U.S. Self-Employed Struggle to See Opportunities [Bloomberg]
More than 1 million self-employed Americans are no longer in business almost four years after the last recession began, as the economy constrains entrepreneurial activity and small-business job creation. The 18-month contraction that started in December 2007 initially resulted in more would-be business owners, as the number of people who work for themselves grew to 16.3 million in July 2008 from 15.7 million at the end of 2007, according to data from the Bureau of Labor Statistics. Since then, the total has fallen about 10 percent to 14.7 million in July, the data show.
Parmalat Judge in U.S. Reaffirms Ruling to Dismiss Grant Thornton Cases [Bloomberg]
A U.S. judge reaffirmed his ruling to take jurisdiction over two suits by Parmalat SpA (PLT) against accounting firm Grant Thornton LLP, which he later dismissed. U.S. District Judge Lewis Kaplan in Manhattan today ruled that he was correct in taking the two cases, which were originally filed by Parmalat and its Parmalat Capital Finance Ltd. unit in Illinois state court in 2004 and 2005. Kaplan dismissed the suits in 2009.
When Booking Bogus Revenue, Ideally Your CFO Is the Type to Not Give a Rat’s Ass
James Li and David Chow used to run a shop called Syntax-Brillian Company as the CEO and Chief Procurement Officer respectively. They sold high-def, LCD TVs under the Olevia brand in China. Problem was, they didn’t really sell TVs under the Olevia brand in China. According to the SEC:
[F]rom at least June 2006 through April 2008, Li and Chow engaged in a complex scheme to overstate Syntax’s financial results by publicly reporting significant sales of LCD televisions in China, when in fact the vast majority of these sales never occurred. Li and Chow initially concealed the scheme through the use of fake shipping and sales documents.
Of course, they couldn’t do it alone. They needed a CFO. A CFO who would backdate things when asked and ignore obvious signs of bogus revenue. That man was Wayne Pratt who, from the sounds of it, wasn’t too concerned about ANYTHING:
The SEC alleges that Wayne Pratt, Syntax’s Chief Financial Officer, ignored red flags of improper revenue recognition and participated in preparing backdated documentation that was provided to Syntax’s auditors to support fictitious fiscal 2006 year-end sales. Pratt also ignored indications of impaired assets, agency sales, and potential collectability issues.
So, budding criminals, get on the look out for a guy/gal who is accustomed to shrugging their shoulders and responding “Meh. Whatever.” to your demands. Should work out well for you.
Litigation Release [SEC]
Complaint [SEC]
Rumor of the Day: KPMG Freezes Hiring of Support Professionals
Earlier this week, we were tipped off about a hiring freeze of Client Service Support (“CSS”) professionals at KPMG. Our tipster also indicated that a “major reorg” was happening but did not elaborate. For those not hip to the House of Klynveld vernacular, this is your HR, Marketing, Ops, IT, Admins, et al. Regardless of their overhead status, they make your lives infinitely better. But for now, it sounds like the doors to any newbies is closed.
This rumor was confirmed by another source who simply “heard there was [a freeze in place]” but had no details. If you’re in the know, please email us. Emails to KPMG’s communications team were not immediately returned, most likely because they were immediately deleted (that is speculation on my part).
SO! Since we don’t have much to go on, we’ll take this opportunity to present some theories:
1. The response to the Early Career Investment Bonus program has been better than anticipated and there is concern that there won’t be enough money to pay these all-of-a-sudden loyal employees. Accordingly, “the help” won’t be getting any additional resources.
2. Settlement negotiations have begun in the sex discrimination lawsuit and things are not looking good.
3. John Veihmeyer is just toying with everyone because “This is Notre Dame’s year,” and plans to lift the freeze after the Irish win their first game.
4. Two words: Omaha Steaks.
5. Your ideas.
Should an “Accidental” Tax Lawyer Go Back to School to Qualify for the CPA?
Back again with another edition of fix my career ASAP. Today, “an accidental tax lawyer” wants to obtain a CPA to bolster his small practice. Other lawyers look at him like he’s “crazy” when he discusses the IRC but our Regretful JD enjoys all the minutiae. Problem is, he’ll have to start from scratch since he has business background. Is this plan gold or is he a glutton for punishment?
Are you suffering from a case of summer-is-ending-which-means-busy-season-is-right-around-the-corner blues and are wondering if it’s time for a new job? Does your golf game suck? Do you wear
