Going Concern

Confirmed: There Is a Shortage of Good Accountants in the Sex Industry

Caleb Newquist
June 10, 2011

Way back in March of 2010, we shared with you a plight in our country: there simply are not enough good accountants serving professionals working in the sex industry. At the time we learned of Companions (NSFW unless looking at semi-nude women is kosher), an escort service in Salt Lake City whose proprietors slightly underreported their income which resulted in a tax evasion conviction. We wondered if this particular industry was dry of good accountants and tax advisors who might be able to assist entrepreneurs such as these and the professionals they employ to avoid similar situations.

As happens from time to time, someone with direct knowledge reached out to us and we now have at least one person on record confirming our suspicions:

Hello Caleb,

I came across your March 23, 2010 article, Is the Shortage of Good Accountants in the Sex Industry an Opportunity? and felt compelled to write. You see, I am a tax preparer that has been servicing the adult industry since 2006, doing my best to help those in the industry with knowledge and compassion. What began as helping a few phone sex operators and dancers file their tax returns with dignity has grown into a big part of my business. So, the answer to your question is, yes, the shortage of good accountants in the Sex Industry is indeed an opportunity – for those who wish to practice with ethics and respect. If you wish, you may find more about me and what I do from my website www.taxdomme.com.

I am now eager to peruse the rest of your website.

Best,
Lori, The Tax Domme

For anyone in need of services, the Tax Domme has a new office location in downtown Seattle and if you’re looking to carve out your own niche practice, you can get in touch with Lori for tips on anything you might want to know. For example, what happens when a well-to-do john needs a companion on a round-the-world trip? If animals are a regular part of the business, is it better to lease or buy? Would whips, chains, spreaders, etc. purchased by dominatrix be eligible for a §179 deduction? All relevant questions that have no doubt come up in the world of the Tax Domme.

So here’s an opportunity to be had people. As long as you manage to keep things professional you can cater to a virtually recession-proof industry. Can’t say we never told you.

Ernst & Young Didn’t Appreciate the Threat of ‘Action’ By Audit Client Who Wanted Rubber-Stamped Financial Statements

Caleb Newquist
June 10, 2011

Some clients treat their auditors like dirt. Given. To these haters, the financial statement audit is an onerous task that is mandated by the SEC and it amounts to an assault on liberty, capitalism and Ayn Rand’s genius. Accordingly, some clients try to push auditors around because typically they can. Today we bring you a rare example of a pushy-ass client going too far and an auditor standing up for themselves.

Ernst & Young resigned at the auditor of Life Partners Holdings Inc. in a letter dated June 6, 2011 after the CEO, Brian Pardo, WROTE IN A MEMO that he would “take action” against the firm if they did not sign off on the financial statement committee got wind of this little soapbox moment and promptly told E&Y about it.

From the 8-K Filing:

On June 6, 2011, Life Partners Holdings, Inc. (“we” or “Life Partners”) received a letter from Ernst & Young LLP (“Ernst & Young”) addressed to the Chairman of our Audit Committee (the “Resignation Letter”) confirming that it had resigned effective June 3, 2011, as our independent registered public accounting firm, as had been orally communicated to the Chairman of the Audit Committee on June 3, 2011. The resignation means that Ernst & Young will not certify our financial statements for the fiscal year ended February 28, 2011 (“Fiscal 2011”), which is necessary for completing and filing our Annual Report on Form 10-K for Fiscal 2011 (the “2011 Annual Report”).

The resignation follows a letter from Mr. Brian Pardo, our Chairman and CEO, to our licensee network (persons who refer purchasers to us) commenting upon the delayed filing of our 2011 Annual Report. The letter stated that it was Mr. Pardo’s position that we would “take action” against Ernst & Young if it did not promptly complete its audit and sign off on our financial statements without adjustment. Our Audit Committee wrote to Ernst & Young disclaiming the letter’s statements and asserting that the letter did not speak for the Audit Committee. Notwithstanding the Audit Committee’s disclaimer, Ernst & Young stated that the letter compromised its independence, and when considered with other recent developments, that it was no longer able to rely upon management’s representations, and that it was unwilling to be associated with the financial statements prepared by management.

Just for good measure, E&Y also stated that the company’s revenue recognition policy sucks, needs revised and they pulled their unqualified opinion over the 2010 financial statements. How’s that for “action”?

8-K [SEC via WSJ]

UPDATE:
As noted by the first comment below, the second comment on a post over at Deal Journal has what appears to be the memo in question from Brian Pardo.

Message From Brian Pardo

Yesterday we filed for an extension of the time to file our annual10K which should have been filed by May 15th because the Auditors have not yet completed their part. Quite frankly I am confident that the SEC is interfering with us by trying to unnerve the Auditors (by asking frivolous questions) which has added to the delay in getting out the 10K which is done and ready to release. They are trying to force us to “restate” our revenue recognition criteria; one that has been in use for ten years now.

Restating for any period, for any reason is viewed by the market as an implicit admission that prior quarters were probably misstated, which they were not. We do expect to file shortly, but the WSJ called last night to print another negative article.

There is no reason to restate because any proposed adjustment is immaterial under GAAP guidelines. E&Y signed off on our revenue recognition criteria policy last year and every other audit firm has as well since we went public in 2000. However some of your clients will probably read about it in the WSJ or in some other supposedly legitimate news media. And, the shorts will no doubt make a big deal about it.

My position is we either ratify the 10k as is very soon or we will take action against E&Y as well as with the SEC in Washington. It is time to put an end to this nonsense! I believe E&Y is trying to mitigate problems they may have with the SEC at our expense. For instance, we were never told by E&Y that they audited at least one large organization in the Madoff matter.

We are well within GAAP boundaries regarding every of aspect of our financial statements including all materials created, used or reviewed in relation to our published financial statements. We have ten years of doing this the exact same way and every Auditor from every firm for the entire time has signed off on every single 10k over those last 10 years.

Brian D. Pardo

PS You are authorized to share my statement with concerned clients and Licensees, but, not the press although the matter is in the public domain now.

News

Going Concern at the ACFE Fraud and Conference Exhibit

Caleb Newquist
June 10, 2011

Next week I’ll be attending the ACFE Fraud and Conference Exhibit in San Diego where many forensic and fraud sleuths will be enjoying each other’s company and one-upping each other with stories on how many criminals they’ve busted over the years. It looks like you can still register so if my presence is the dealmaker for you, then I suggest you get on this.

John Walsh, the host of America’s Most Wanted will be giving a keynote although I’m a little confused as to what he’ll share with people that comb through ledgers for a living. Anyway, if you want to get in touch with me at the conference or while I’m in San Diego, you can email me, DM or @ me on Twitter or shoot me a message on LinkedIn or Facebook. I promise I’ll respond at some point especially if you offer to drive me to the beach or buy me an old fashioned in the Gaslamp Quarter.

And if you’re not in San Diego or attending the conference, don’t worry, I’ll be on a regular posting schedule so there will be the regular dose of inflammatory nonsense coming your way.

CPA Exam

Is the CPA Exam Giving You Nightmares?

Adrienne Gonzalez
June 10, 2011

A fellow candidate puts this out to you to see if anyone else is psychologically affected by the process of studying for the CPA exam:

Ever since I started studying for the CPA exam, I’ve been consistently having these weird dreams where I am trying to memorize random nonsensical rules. Then I generally wake up feeling pretty stressed, having not been able to get them all down. Last night’s was something about boy scouts selling popcorn door-to-door being illegal in certain situations. I’m studying for FAR right now, but I just took REG last week.

Jesus, it sounds like you’re studying FAR. Present value tables can drive anyone a bit nuts after too long, so might I start by suggesting you avoid studying before bed? I had that problem once reading “In Fed We Trust” right up until I went to sleep and trust me, it was a nightmare that followed.

As for you? Boy Scouts actually carry some significance, according to the Dream Moods dream dictionary (take it or leave it, depending on what you believe):

Your own experience as a boy scout will definitely affect this dream symbol. If you were never a boy scout and dream that you are, then it signifies your commitment and discipline toward some task. The dream may emphasize a sense of community, belonging, and helpfulness.

To see a boy scout in your dream, denotes that you or someone else has displayed exemplary behavior. You will gain the ranks necessary to achieve your goals and success.

I don’t think the interpretation could be much clearer.

There’s also an entry for popcorn:

To eat or make popcorn in your dream, suggests positive growth. You are full of ideas. Some important fact or truth is being made aware to you through the dream. If the popcorn is unpopped, then it symbolizes potential.

Sounds to me like the best thing you can do is somehow convince yourself that you know what you are doing, have studied and don’t need to write down every single nonsensical rule, dreaming or not. Politely decline the popcorn from the dreamy Boy Scouts anyway just in case it is illegal and snooze for another 10 minutes.

Accounting News Roundup: Chinese Blowups Lead to Auditor Lawsuits; Nixing Tax Strategy Patents; Helmsley Canine Heir Goes to Heaven | 06.10.11

Caleb Newquist
June 10, 2011

Troubled Audit Opinions [NYT]
On one side is an assessment of a company with a clean audit opinion from the Toronto office of Ernst & Young, and with bonds rated just below investment grade by Standard & Poor’s and Moody’s. It has raised billions in capital markets. On the other is an investment research firm using the name Muddy Waters Research. It says the company, the Sino-Forest Corporation, is a fraud, and that its shares are worthless. As this is written, there is no definitive answer as to who is right. But the initial reaction of the markets seemed to be that they had more trust in the short-seller — a company whose Web site gives no the auditor’s opinion.

Auditors face suits over Chinese blowups in U.S. [Reuters]
Investors who have suffered a drubbing from accounting scandals at U.S.-listed Chinese companies are starting to sue the auditors who blessed their financial statements, but it will be tough for them to win in American courts. Shareholders already have sued a string of China-based, U.S.-listed companies for fraud, saying they lost money when stocks tanked after financial scandals emerged. They contend companies invented sham businesses, inflated revenue or gave vastly different information to U.S. and Chinese regulators.

$100 Million Claim Against Deloitte & Touche [CNS]
SBP Capital, formerly known as Ameriquest Capital, claims Deloitte & Touche cost it $100 million by giving it bum advice on “tax issues related to Ameriquest’s securitizations” of mortgage lending and “related activities.”

Is Groupon’s Business Model Sustainable? [DealBook]
In its less than three years of existence, Groupon has established itself as the king of social buying sites. As feverish speculation mounted about its impending initial public offering, analysts and investors could only await further details of how much money it was minting. But with its I.P.O. filing now public, Groupon faces significant questions about the sustainability of its business model. A look at the company’s overall financials shows a steep decline in how much money it is wringing from its fast-growing subscriber base.

Bill Aims at Tax-Strategy Patent [WSJ]
U.S. patent No. 7,698,194 isn’t an ingenious new machine or a break-through medical treatment. It is a method of analyzing taxes related to college-savings plans. It also is one of 144 patented tax strategies and 162 pending applications, as of late May, that tax preparers say have burdened their job and made it harder for citizens to pay their taxes. Consumer and tax groups have pushed since 2007 to get such patents banned. When it returns from recess this week, the U.S. House is expected to vote on an overhaul of the patent system that would effectively prohibit patenting tax strategies.

Leona Helmsley’s rich dog is dead [DMWT]
No more Trouble.

Retief Goosen Birdies at FedEx St. Jude Classic, Bogeys in Tax Court [TaxProf]
Swapping a caddy for a CPA could be an option.

Payroll-Tax Break Said to Be Discussed by Obama Aides Amid Slowing Economy [Bloomberg]
President Barack Obama’s advisers have discussed seeking a temporary cut in the payroll taxes businesses pay on wages as they debate ways to spur hiring amid signs that the recovery is slowing, according to people familiar with the matter. The idea, which is in preliminary stages of discussion, is among several being talked about at the White House as the economy holds center stage for the administration and Congress, the people said on condition of anonymity to discuss internal deliberations.

What Divorce Means For Your Taxes [SmartMoney]
Divorce has no season.

News

Michigan CPAs, Welcome the Newest Member of the Club

Adrienne Gonzalez
June 10, 2011

Since we are totally above making disparaging remarks about strangers on the Internet, we present the following without comment from mlive.com:

Jessica A. Rolfe, of Yeo & Yeo P.C., 3023 Davenport in Saginaw, has received a Certified Public Accountant license and was promoted to senior accountant, providing auditing services in the firm’s Saginaw office.

Rolfe holds a bachelor’s degree from Saginaw Valley State University, and is a member of the Michigan Association of Certified Public Accountants and the American Institute of Certified Public Accountants.

Now the last time we shared one of these cheesy, free publicity “news” items, it also happened to be a Michigan CPA except that guy allegedly passed all four parts in one sitting, which the newspaper told us only happens with a lucky 4% of individuals. We’re not sure where they got that number (we suspect somewhere between their legs, towards the back end of things) but are glad to see no such claims made in this particular announcement.

We’ve said it before and we’ll say it again: if you have an announcement like this to make for the star intern in your life, please feel free to send it to us. We require at least 100 words, fact-checked claims and, of course, a Photoshopped headshot. Might I suggest Glamor Shots?

Thanks to the IRS, Republican Presidential Candidate Herman Cain Only Made Enough Money to ‘Buy New Golf Clubs and Move to Atlanta’

Caleb Newquist
June 9, 2011

Soon-to-be failed Presidential candidate Herman Cain is best known for being the former CEO of Godfather’s Pizza. When he took the job in 1986, the Journal reports “Mr. Cain cut costs and closed unprofitable locations and said that he returned the business to profitability in just 14 months.” An impressive feat to be sure and he continued to sling pie as the CEO until 1996 when he presumably figured he could cash in nicely.

Unfortch for Cain things didn’t really work out. And whose fault would that be? The IRS, of course!

Mr. Cain said that in 1996 he struck a deal to sell his stake in Godfather’s to his partners. That’s when the IRS showed up and commenced an audit of his tax return for the year 1994, coincidentally the year he publicly challenged President Clinton on the impact of his health-care reform plan. Simultaneous audits of Godfather’s and Mr. Cain’s partners were quickly concluded, but Mr. Cain said that the audit of his personal finances dragged on until 1999.

When he finally concluded the sale of his Godfather’s stake, Mr. Cain said that its value had fallen by 75% and yielded only enough money for him to “buy new golf clubs and move to Atlanta.” As for the IRS, they claimed he owed $1.8 million in back taxes, but he said that as soon as he appealed this decision, they immediately dropped the claim and asked only for $40,000 to cover interest on “the money I didn’t owe.” Outraged, he nevertheless paid the bill to resolve the matter. He said that such treatment at the hands of the IRS happens all the time.

Godfather vs. Tax Man [WSJ]

Technology

Do Regional Firm Accountants Have Better Excel Skills Than Their Big 4 Counterparts?

GoingConcern
June 9, 2011

The following post is republished from AccountingWEB, a source of accounting news, information, tips, tools, resources and insight — everything you need to help you prosper and enjoy the accounting profession.

I was having a discussion with a colleague concerning the Excel skills in industry versus public accounting. We agreed that, generally speaking and based on surveys of class participants in our respective Excel CPE classes, industry users are more advanced than public accounting users. Within public accounting, regional firm users are more advanced than local and Big 4 users. Why is that?

We had one computer for about 150 professional staff when I started out in Big 8 public accounting oh so long ago. Back then we were the cutting edge in spreadsheet use. We were consulting with our clients on how to use Visicalc to increase productivity and reduce errors. So how did the Big 4 apparently slide to the bottom of the scale?

Theory number one holds that the Big 4 does all their training from within. They take someone who has perceived advanced skills, and use that person to teach everyone else what they know. The problem is that the in-house trainer may not know some of the advanced features in Excel that would be useful to the group. The trainer may only know slightly more than everyone else. My own experience with selling Excel to a Big 4 firm is that they feel it would be nice to know more about Excel, but it’s not imperative to the job. Rather it is better to focus CPE resources on IFRS or the latest tax code changes.

Theory number two says that associates in the Big 4 are focused in on their in-house proprietary audit software which doesn’t allow incorporating new ideas into the audit process like pivot tables or form control objects. Stick to the audit program because there is no room in the budget to experiment with Excel.

Now that I’m done ragging on the Excel skill level in the Big 4 remember I said at the beginning of the post “generally speaking” and I know there are excellent Excel users in the Big 4. I just haven’t met them yet.

Grant Thornton

Weikang Bio-Technology Felt Compelled to Issue a Press Release Announcing that Grant Thornton Successfully Verified Their Cash Balances with Bank Statements

Caleb Newquist
June 9, 2011

Chinese companies certainly have had their share of problems with financial reporting in the U.S. but I had no idea that it would come to this.

The Audit Committee of the Board of Directors of Weikang Bio-Technology Group Co., Inc. (OTC Markets: WKBT.PK – News) (“WKBT,” “Weikang” or the “Company”), a leading developer, manufacturer and marketer of Traditional Chinese Medicine (TCM), Western prescription and OTC pharmaceuticals and other health and nutritional products in the People’s Republic of China, today announced that Grant Thornton (“GT”), one of the world’s leading organizations of independently owned and managed accounting and consulting firms, has verified that the cash amounts listed on the Company’s SEC filings for 2010 and the first quarter of 2011 are consistent with account statements obtained from WKBT’s banks directly by GT.

“Given the recent change in auditors and my new chairmanship of the WKBT Audit Committee, we authorized the Grant Thornton review to take place last week, and are now releasing the results,” said Jeffery Chuang, independent director and Chairman of the Audit Committee of WKBT. “Weikang continues to advance as a U.S. publicly-traded company and we are committed to high standards in the thoroughness of our financial information,” said Mr. Chuang, a U.S. CPA who is based in Southern California.

Obviously this is completely harmless compared to, say, threatening to take auditors hostage but as far as giant wastes of time go, it’s right near the top.

Another KPMG Client Gets ID’d in a PCAOB Inspection Report

Caleb Newquist
June 9, 2011

Back in March, Bloomberg’s Jonathan Weil called attention to a PCAOB report that was pretty harsh on KPMG-Bermuda’s audit of Alterra Capital Holdings. At the time he wrote the column, KPMG, the PCAOB and Alterra weren’t talking but then Alterra filed a 8-K admitting that they were the filer in question.

Today Weil lets the cat out of the bag again and yes it’s another KPMG client, Motorola:lockquote>Four years ago, inspectors for the auditing industry’s chief watchdog discovered that KPMG LLP had let Motorola Inc. record revenue during the third quarter of 2006 from a transaction with Qualcomm Inc. (QCOM), even though the final contract wasn’t signed until the early hours of the fourth quarter. That’s no small technicality. Without the deal, Motorola would have missed its third-quarter earnings target.

The regulator, the Public Company Accounting Oversight Board, later criticized KPMG for letting Motorola book the revenue when it did. Although KPMG had discussed the transaction’s timing with both Motorola and Qualcomm, the board said the firm “failed to obtain persuasive evidence of an arrangement for revenue-recognition purposes in the third quarter.” In other words, KPMG had no good reason to believe the deal shouldn’t have been recorded in the fourth quarter.

This may sound familiar to some of you that read PCAOB Chairman James Doty’s speech from last week when he said this:

PCAOB inspectors found at one large firm that an engagement team was aware that a significant contract was not signed until the early hours of the fourth quarter. Nevertheless, the audit partner allowed the company to book the transaction in the third quarter, which allowed the company to meet its earnings target. Although the firm discussed the timing of the transaction with the customer, it failed to obtain persuasive evidence of an arrangement for revenue recognition purposes in the third quarter. The company had been an audit client of the firm for close to 50 years.

Weil writes, “KPMG has been Motorola’s auditor since 1959; it had been Motorola’s auditor for 47 years at the time of the Qualcomm deal.” So, yeah. How did he piece this one together? Elementary, my dear auditors:

Motorola’s identity was disclosed in public records last month as part of a class-action shareholder lawsuit against the company in a federal district court in Chicago. The plaintiffs in the case, led by the Macomb County Employees’ Retirement System in Michigan, filed a transcript of a September 2010 deposition of a KPMG auditor, David Pratt, who testified that Issuer C was Motorola. KPMG isn’t a defendant in the lawsuit.

Pratt also identified the Motorola customers cited in the board’s inspection report. It’s his deposition that allows me to describe the report’s findings using real names.

The oversight board said a significant portion of the company’s earnings for the 2006 third quarter came from two licensing agreements that were recorded during the last three days of the quarter. One was the Qualcomm deal that wasn’t signed until the fourth quarter. The board also cited other deficiencies in KPMG’s review of Motorola’s accounting for the transactions.

As is their wont, KPMG isn’t talking. Motorola isn’t talking (but maybe there’s another 8-K in our future?). The PCAOB, bound by the law -which, some say, is debatable – isn’t talking. My guess is that Jon Weil will continue to talk…er…write columns shining the lights on shoddy audits until the Board breaks its silence.

Dirty Secrets Fester in 50-Year Relationships [Jonathan Weil/Bloomberg]

News

UK Whitepaper Seeks to Reconcile Mother Nature’s Books

Adrienne Gonzalez
June 9, 2011

When do you recognize maple syrup, when it is earned (sucked from the tree) or realized (when it goes down your big fat gap)? How much goodwill does a forest have?

The UK Department for Environment, Food and Rural Affairs has published its first white paper on the natural environment in 20 years hoping to answer some of these questions. The natural choice: securing the value of nature suggests the UK should set up an independent Natural Capital Committee (sort of like FASB for forests) to advise the government on when, where and how natural assets are being used unsustainably.

This would create “green accounts” which give an idea how the country’s natural assets are being used.

The authors of the paper suggest that economic growth and the natural environment are mutually compatible, implying that “nature’s bank balance” should not be ignored when looking at the country’s overall economic growth.

“Past action has often taken place on too small a scale. We want to promote an ambitious, integrated approach, creating a resilient ecological network across England. We will move from net biodiversity loss to net gain, by supporting healthy, well-functioning ecosystems and coherent ecological networks. We will publish a new Biodiversity Strategy for England, responding to our international commitments and setting a new direction for policy over the next decade,” the paper says, proving that someone obviously read their accounting textbooks before they tried to write a framework for valuing nature’s assets.

[Insert bad money doesn’t grow on trees joke here]

Accounting News Roundup: Audit Fees Whimper; Nonprofits No Longer; California Tax Plan Whiffs with Voters | 06.09.11

Caleb Newquist
June 9, 2011

Corporate Audit Fees Barely Budged Last Year [CFO Journal]
Public companies paid $3.3 million on average for their audit in 2010, up just 2% from 2009, according to an annual survey from Financial Executives Research Foundation on Thursday. Private companies paid their auditors an average of $222,300, which was in line with 2009 figures. Public company audit fees had actually fallen about 2.4% in 2009, according to FERF’s survey last year, so this puts them back near their 2008 levels.

I.R.S. Ends Exemptions For 275,000 Nonprofits [NYT]
The I.R.S. announced on Wednesday that it had revoked the tax exemptions of 275,000 nonprofit organizations after they did not meet legal requirements to file annual tax forms. The action shrinks the nation’s growing nonprofit sector by roughly 17 percent, to about 1.3 million charities, trade associations, membership groups and labor unions.

Dallas’s Secret Weapon: High Fives [WSJ]
Yeah, that’s what it is.

California Voters Balk at Tax Plan [WSJ]
A deadline next week is raising the pressure on talks between Gov. Jerry Brown and lawmakers over his plan to close the state’s $9.6 billion budget gap, but the proposal isn’t gaining traction with voters. The Democratic governor pushed lawmakers for months to approve his plan to ask voters to extend some tax increases in a June special election, in line with his campaign promise to seek voter approval of any tax measure. But they didn’t strike a deal in time, so he now wants them to approve the taxes and later ask voters to ratify them.

That Look, That Weiner-Spitzer-Clinton Look [City Room/NYT]
If caught in a sex scandal, this is the face you’ll make.

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