Going Concern

News

Marcum Has Some Doubts About American Apparel’s Ability to Continue Selling Gold Lamé Leggings

Caleb Newquist
April 1, 2011

Bad news for Dov Charney’s hipster retail paradise as Marcum – who replaced Deloitte last summer – has issued its auditor’s opinion with the language that no one likes to see.

But before we get to that, if you take a quick glance at the balance sheet you’ll see that the company barely has enough money to keep the lights on as their working capital is a measly $3 million (current assets of $216 million, current liabilities of $213 million). This shockingly bad number is mostly due to the $138 million in revolving credit facilities the company has included in its current liabilities. The company is also shows an accumulated deficit of over $73 million in its equity section. APP also bled over $32 million in cash from operations, according to its cash flow statement. All this bad news has lots of people talking about bankruptcy and that doesn’t touch the thirteen (that’s Gawker’s count, I only saw twelve) ongoing lawsuits against the company. Plus there’s the subpoena the company received from the U.S. Attorney General for SDNY last August over their auditor switcheroo.

We could go on and on but you get the pic. Here’s the final paragraph from Marcum’s opinion in APP’s 10-K:

The accompanying consolidated financial statements have been prepared assuming that the Company will continue as a going concern. As discussed in Note 1 to the consolidated financial statements, the Company has incurred a substantial loss from operations and had negative cash flow from operations for the year ended December 31, 2010. As a result of noncompliance with certain loan covenants, debt with carrying value of approximately $138.0 million at December 31, 2010, could be declared immediately due and payable. Notwithstanding the foregoing, the Company has minimal availability for additional borrowings from its existing credit facilities, which could result in the Company not having sufficient liquidity or minimum cash levels to operate its business. These conditions raise substantial doubt about the Company’s ability to continue as a going concern. Management’s plan in regard to these matters is also described in Note 1. The consolidated financial statements do not include any adjustments that might result from the outcome of these uncertainties.

Obviously the bad news is that investors are really spooked but the good news is that there could be a serious fire sale on hoodies and t-shirts in our future. Silver lining!

KPMG
PwC

What Do Libya and KPMG Have in Common?

Caleb Newquist
April 1, 2011

That was the question posed to us by our tipster. The answer: more and more defections. The latest is James Draper, per an internal email sent to us this morning.

Welcome new Risk Assurance Principal James Draper

The ranks of Risk Assurance continue to grow with the addition of accomplished professionals. These catalyst and experienced hires are helping us to evolve our services, and impress the marketplace with the expertise in which we deliver them. James Draper is our newest edition, joining us as a principle [sic, Jimbo is now a PwC “pal”] in our San Francisco office.

Jamie’s focus will be on helping to grow our IT&PA/ERP Controls services, particularly in the areas of SAP and JD Edwards. He joins us from KPMG where he has logged over 15 years experience assisting clients with technology risks. Instrumental in helping clients implement controls and security, Jamie has effectively managed the risks associated with large system implementations. In fact, he has assisted a number of global companies across a variety of industries through complex implementations, among them: Chevron, eBay, Nestle, Rolls-Royce (Aerospace) and Dolby. Jamie will help us to help our clients become more efficient in their control processes, leveraging system functionality including SAP’s Governance Risk & Compliance (GRC) module.

[The part where they talk about his personal life]

Please join me in welcoming Jamie to our firm, and to Risk Assurance.

If history is any indicator we’ll see a press release from PwC at some point but in the meantime, reactions to the latest KPMG turncoat are welcome at this time.

More competitive poaching:
PwC Lands Another KPMG Partner; Steven Tseng Joining Transfer Pricing Practice
PwC Picks Up Thomas Henry from KPMG; Will Lead Global Incentives Practice

CPA Exam

NASBA Reaches Out to Japanese CPA Exam Candidates Impacted by March Disaster

Adrienne Gonzalez
April 1, 2011

By disasters, we don’t mean that thing that happened with scoring.

When Katrina hit in 2004, NASBA granted affected CPA exam candidates an automatic extension. This time around, they are asking Japanese CPA exam candidates directly affected by the earthquake and tsunami disasters to contact them for assistance.

Here’s the official word from NASBA:

Our hearts go out to those in the Japan area who are dealing with rebuilding their lives and communities after the recent earthquake and tsunami disasters in that region. Japanese candidates who are scheduled to test in the near future, (United States or at our Guam Testing Center) and who may not be able to do so now due to the logistical issues that the disaster caused, should know that we are here to assist during this time of uncertainty.

Japanese candidates who may need to request an NTS extension and/or rescheduling, should contact NASBA’s Candidate Care department by emailing candidatecare@nasba.org and we will handle each concern on a case by case basis as we receive requests.

We recommend that all concerns of this type be directed to NASBA’s Candidate Care department. For this particular issue, only those affected by the earthquake/tsunami disaster should email us at candidatecare@nasba.org.

We assume that last line means “please don’t use the Candidate Care department to yell at us about scores” but did not ask to be sure. Let’s just pretend it did just to be safe.

Accounting News Roundup: Schapiro’s ‘Ineffectual’ SEC; Openly Gay Workers Enjoy Higher Job Satisfaction; AICPA Introduces IFRS Certificate | 04.01.11

Caleb Newquist
April 1, 2011

Schapiro SEC Seen Ineffectual Amid Dodd-Frank Funding Curbs [Bloomberg]
Today, Schapiro, 55, faces challenges a good bit nastier than a muddy lacrosse game. As she hits the halfway point of her five-year term as head of the SEC, she must deal with a sprawling legislative mandate to rewrite regulations affecting the financial industry while, at the same time, trying to erase the stain of the SEC’s failure to uncover Bernard Madoff’s Ponzi scheme.

Openly Gay Workers Have Better Careers [FINS]
Abntifying lesbian, gay, bisexual and transgender employees are open about their preferences at work, according to the survey of 2,800 LGBT finance workers conducted by Sylvia Ann Hewlett, director of the Center for Work-Life Policy. Only a third of those who are not out are satisfied with the rate of advancement in their careers, compared with the almost-two thirds of those who are out who said they are satisfied.

Buffett’s Handling of Deputy Baffles Some Experts [DealBook]
Warren E. Buffett is an old-school capitalist with a rock star’s aura, a global celebrity who is revered like a small-town hero. Yet that carefully cultivated image — the envy of nearly every top executive — risks being tarnished by a disclosure that he knew one of his right-hand executives had bought shares in a company before Mr. Buffett’s company announced a deal for it.

The House of Lords — Experienced with “Disconcerting Complacency” — Looks at the Market Concentration and Role of the Auditors [Re:Balance]
Jim Peterson isn’t as impressed with House of Lords report.

Less Would be More from Auditors [The Accounting Onion]
Tom Selling tees up next week’s subcommittee hearing and gives everyone a warning, “[SEC Chief Accountant] Kroeker and Leslie Seidman have been so IFRS-fixated for so long, and have had so little to say on the Subcommittee’s topic, it’s doubtful they are in a position to do little more than defend and deflect. If they actually testify under oath that adoption of IFRS should be part of the solution, I think I might become sick.”

Nasdaq, ICE Top Deutsche Boerse With $11.3 Billion NYSE Bid [Bloomberg]
Nasdaq OMX Group Inc. (NDAQ) and IntercontinentalExchange Inc. offered to buy NYSE Euronext (NYX) for about $11.3 billion as the companies teamed up in an attempt to snatch the New York Stock Exchange from Deutsche Boerse AG. The companies offered $42.50 in cash and stock for each NYSE Euronext share, according to a statement released today. The bid is a 19 percent premium to Deutsche Boerse’s February offer, based on the German exchange operator’s closing share price as of yesterday, Nasdaq and IntercontinentalExchange said. The bid is 27 percent higher than NYSE Euronext’s stock price on Feb. 8, the day before the company’s announcement of discussions with Deutsche Boerse.

When a Job Is So Bad It Hurts [WSJ]
Some jobs are so bad that they are actually worse for employees’ psychological well-being than not having a job at all, according to a new study in the journal Occupational and Environmental Medicine. Researchers from the Australian National University analyzed annual data over several years from 7,155 adults, evaluating links between the nature of their jobs and their mental health. They found “the mental health of those who were unemployed was comparable or superior to those in jobs of the poorest” quality.

AICPA Introduces IFRS Certificate Program Based on Comprehensive, Integrated Curriculum, Online Study [Business Wire]
The American Institute of Certified Public Accountants introduced a new course of study leading to a Certificate of Educational Achievement in International Financial Reporting Standards. The new IFRS Certificate Program is a comprehensive, integrated curriculum of online courses for CPAs and other accounting professionals that provide a measurable standard for evaluating competence in understanding and applying international accounting standards.

The IRS Claims That Wind Broke This Sign

Caleb Newquist
April 1, 2011

Dan Zak of the Washington Post posted this photo last night wondering how such a thing could happen – wind or some angry taxpayer who felt it necessary to destroy public property:

If you live in the District, you’re probably familiar with them and DZ illustrates:

They look bland and procedural and definitely of the post-Watergate era. And they look and feel sturdy. Like it would take a hurricane to snap one in half. Winds did reach 65 mph on Feb. 25 in the D.C. area, and the IRS says it has security footage of the ensuing decapitation-by-Mother Nature at the southwest corner of 12th Street and Constitution Avenue NW.

They will not show the footage to us.

Okay, so that’s an obvious non-denial denial. Some pointy-headed engineering types from the Universities of Maryland and Virginia that gusty winds can’t be ruled out but come on. They’ve been there since late 70s? What’s the useful life on one of those bad boys? It’s gotta be 40 years, no? Anyhoo, Zak got the opinion of a tourist from Lubbock, Texas who says it’s definitely vandalism, “Because it’s the IRS. [DUH, *eyeroll*]”

Did vandalism or wind claim an IRS sign downtown? [WaPo]

News

Congress Continues to Successfully Drag Out the 1099 Repeal

Caleb Newquist
April 1, 2011

If only somehow they could kill it completely, could we fully revel in the disfunction of the legislative branch:

What is clear is that nothing is certain with moving a 1099 repeal. The House passed a standalone measure on March 3 and the Senate tacked on an amendment to the Federal Aviation Administration (FAA) authorization bill, which passed the upper chamber, each with different offsets to cover the costs of the repeal.

The White House and House and Senate lawmakers across both parties back the elimination of the 1099 provision from the healthcare law but are at odds over how to make up for $22 billion in lost revenue as projected by the Joint Committee on Taxation.

Fate of 1099 repeal still up in the air [The Hill]

Earlier: How Will the Senate Screw Up the 1099 Repeal Bill This Time?
Even Earlier: Vastly Unpopular 1099 Requirement Survives Thanks to the Reliable Dysfunction of the U.S. Senate

In Case You Forgot, the Big 4 Are Hiring a Small Army of People This Year

Caleb Newquist
April 1, 2011

CNN/Fortune managed to dig up this corpse of a story: “Bean counters wanted: Why the Big 4 are in a hiring frenzy.” This refers to the hiring bonanza that Deloitte announced last September that was followed by various announcements by the rest of the Big 4:

[T]here’s one unlikely place where the help wanted sign is up, big time: Accounting firms.

Deloitte plans to hire 17,000 professionals in the U.S. and India in 2011, according to Cathleen Benko, its chief talent officer. It’s seeking accountants, auditors, consultants, and IT staff. Hiring is split evenly between experienced and entry-level applicants.

Ernst & Young has stepped up recruiting. It’s looking to hire 7,000 employees from college campuses — 4,500 full-time and 2,500 interns — and 6,000 experienced staff, totaling 13,000 people in 2011, says Dan Black, its director of Americas Campus Recruiting. Experienced staffing is up 80% from last year and campus recruits are up 20%.

Both firms compete for talent against PricewaterhouseCoopers, KPMG, and large consulting firms such as McKinsey and Bain. The hiring confirms a 2011 Bureau of Labor Statistics report that predicted employment in accounting and auditing would spike 22%.

For starters I don’t know why accounting firms are an “unlikely” place for the “help wanted sign” but don’t forget that this is the same outlet that told us that the firms were making money hand over fist back in the Fall of ’09. Also, why CNN/Fortune is now reporting Deloitte’s India’s hiring numbers as part of this story is a little confusing. Plus, if “hiring is split” between experienced and new hires that is a change in the breakdown from what was reported last September. Again, maybe the India numbers change things up a bit and I lost my 10-key long ago.

And we’ll also mention that the E&Y numbers are slightly better than what they initially reported last September so make of all these stats what you will, the rainbow and unicorn PR machine is in full force and CNN is happy to scoop them up spit them out.

Bean counters wanted: Why the Big 4 are in a hiring frenzy [CNNMoney]

IRS Commish Admits That a Government Shutdown During Tax Season Would Be Kinda Weird

Caleb Newquist
March 31, 2011

The head of the IRS said Thursday that a government shutdown during tax season would be a challenge the agency has never confronted before — and one that would become more complicated as the April filing deadline draws closer. Doug Shulman, the IRS commissioner, also signaled at a House Ways and Means subcommittee hearing that his agency was discussing how to address a potential shutdown with the Obama administration, though he did not spell out any details of those talks. “We run a $13 billion financial services operation, so the idea of stopping it for a few days or a few weeks is strange,” Shulman said, adding that he was hopeful, based on ongoing negotiations, that a shutdown could be averted. [The Hill]

(UDPATE) KPMG-Bermuda’s PCAOB Inspection Gets a Little Unwanted Attention

Caleb Newquist
March 31, 2011

Most of you are acutely aware that PCAOB inspection reports, while chock full of interesting tidbits, are a little anti-climactic since we never learn who the auditees are. Oh sure, we can speculate until our heart’s content but the PCAOB says they took a vow of silence after 43 struck his signature on Sarbanes-Oxley.

The secrecy is frustrating (read: bor-ing) so it was especially cool to see Jonathan Weil let the cat out of the bag on at least one Big 4 client:

Two weeks ago,Accounting Oversight Board released its triennial inspection report on the Hamilton, Bermuda-based affiliate of KPMG, the Big Four accounting firm. And it was an ugly one. In one of the audits performed by KPMG- Bermuda, the board said its inspection staff had identified an audit deficiency so significant that it appeared “the firm did not obtain sufficient competent evidential matter to support its opinion on the issuer’s financial statements.”

This being the hopelessly timid PCAOB, however, the report didn’t say whose audit KPMG-Bermuda had blown. That’s because the agency, as a matter of policy, refuses to name companies where its inspectors have found botched audits. It just goes to show that the PCAOB’s first priority isn’t “to protect the interests of investors,” as the board’s motto goes. Rather, it is to protect the dirty little secrets of the accounting firms and their corporate audit clients.

That’s why it gives me great pleasure to be able to break the following bit of news: The unnamed company cited in KPMG- Bermuda’s inspection report was Alterra Capital Holdings Ltd. (ALTE), a Hamilton-based insurance company with a $2.3 billion stock- market value, which used to be known as Max Capital Group Ltd.

Using his detective skills, Weil pieced together the number clients KPMG Bermuda had inspected, the timing of said inspections and the details of the audit deficiency (“the failure to perform sufficient procedures to test the estimated fair value of certain available-for-sale securities”) to come up with Alterra. Of course no one – the PCAOB, KPMG Bermuda or Alterra – would comment/confirm for Weil’s column but you probably knew that was coming. Nevertheless, JW gets into the how bad of an audit this really was:

It’s when you look at Alterra’s financial statements that the magnitude of KPMG-Bermuda’s screw-up becomes apparent. Available-for-sale securities are the single biggest line item on Alterra’s balance sheet. They represented almost half of the company’s $7.3 billion of total assets as of Dec. 31, 2008, and a little more than half of its $9.9 billion of total assets at the end of last year.

This sort of screw-up, some might argue, falls somewhere in the range of “horrendously bad” and “really fucking bad” and Weil wonders if Alterra shareholders will have the stones to throw the bums out at the shareholders meeting on May 2. We can’t say where any of the shareholders stand on the usefulness (or lack thereof) of the audit report, so maybe this revelation is NBD to them. But if that is the case, it seems to make an even stronger case for the irrelevancy of auditors.

Weil’s larger point is that the PCAOB continues to hide behind their policies that are supposed to protect investors but in reality come off as talking points, not so unlike the firms they regulate. The PCAOB says they’re working on that but we’ll have to wait until summer to find out how crazy things get and whether it will be enough to shove auditors back into some respectability.

Dirty Little Secret Outed in Bermuda Blunder [Jonathan Weil/Bloomberg]

UPDATE:
Alterra cops to it with an 8-K that was filed about 90 minutes ago:

Alterra is aware of a recently issued report by the Public Company Accounting Oversight Board (the “PCAOB”) related to the PCAOB’s review of KPMG Bermuda’s 2008 audit files of a public company client located Bermuda, as well as an article posted on Bloomberg that indicates that the public company client is Alterra (formerly Max Capital Group Ltd.). Alterra confirms that it is the client referenced in the PCAOB’s report.

The PCAOB report findings question the sufficiency of procedures performed by KPMG Bermuda in its audit of Alterra’s estimated fair value of certain available-for-sale securities as promulgated by generally accepted audit standards (“GAAS”). The PCAOB report questioned whether the audit procedures used by KPMG Bermuda in 2008 to verify such values were sufficient. The PCAOB report does not question the appropriateness of the values that Alterra attributed to assets available-for-sale in 2008.

Alterra notes that the PCAOB made substantially similar findings in a number of inspections of 2008 and 2009 audits performed by the larger accounting firms and, since 2008, we understand the firms have issued additional guidance to clarify the work to be completed on the audit of fair value investments.

KPMG Bermuda has represented to Alterra and its Audit Committee that it believes it properly and appropriately followed GAAS as defined at the time of the audit. KPMG Bermuda confirmed in its response to the PCAOB report that “none of the matters identified by the PCAOB required the reissuance of any of our previously issued reports.” Alterra reaffirms its belief that the asset values ascribed to its available-for-sale securities in 2008 and subsequent periods remain appropriate.

KPMG Bermuda issued an unqualified opinion for Alterra’s year end financial statements for each of 2008, 2009 and 2010.

On Campus

Final Call for Any Accounting Students Interested in Free Money

Caleb Newquist
March 31, 2011

Just a quick reminder gang – the deadline for the AccountingWEB Accounting Student Scholarship is tonight at midnight. So if you or anyone you know might be interested in winning some free money for college, I suggest you get on this ASAP.

We now return to your regularly scheduled inflammatory nonsense.

Did the Georgia Tea Party Call Grover Norquist a Socialist?

Caleb Newquist
March 31, 2011

Maybe! As you know, Grover Norquist is the President of Americans For Tax Reform and has a staunch record of opposing any legislation – federal or state – that increases taxes and evokes Ronald Reagan (who hated taxes, dontchaknow) in every possible context, no matter how irrelevant. Grover and ATR are willing to get into a tussle (usually by sternly-worded letter) with whomever thinks that raising taxes will amount to anything positive (because that’s impossible). From the Illinois legislature to the American Lung Association to Lance Armstrong, if you give the slightest impression that higher taxes are a good idea, you can expect Grover & Co. to get Viking on your ass.

However, we learned this morning that in ATR’s most recent spat with the Georgia Legislature over that state’s tax overhaul bill, it appears that Grover has been out-Grovered by the Georgia Tea Party. You see, GN has informed the Georgia pols that he won’t give them any shit for supporting HB 387 after opposing their initial efforts.

This however, did not sit well with the GTP (our emphasis):

”One can not just look at the tax rate cut, one has to look at the deductions/exemptions that are slashed and, in many cases, removed in this bill. Taxes will be raised for some and will be cut for others. In other words, this bill re-distributes wealth.“

Okay, so…WHOA. Maybe we’re reading too much into this but take a gander at “socialism” and tell us what you think. So far there doesn’t appear to be a response over at ATR but this sort of aggression will likely elicit some sort of a response.

Your morning jolt: Grover Norquist, tea party split on tax overhaul [AJC via Joseph Thorndike]

Accounting News Roundup: GE’s Tax Planning – Everybody’s Doing It; More on the House of Lords Smackdown; KPMG Sued for Hicks Sports Audit | 03.31.11

Caleb Newquist
March 31, 2011

Sokol Resigns From Berkshire After Investing in Lubrizol [Bloomberg]
David Sokol, once a candidate to succeed Warren Buffett as the head of Berkshire Hathaway Inc. (BRK/A), resigned as it was disclosed he helped negotiate a takeover while buying stock in the target company. Sokol, 54, bought about 96,000 Lubrizol Corp. (LZ) shares in January before recommending the company as a takeover target, Buffett, Berkshire’s chairman and chief executive officer, said yesterday in a statement. Sokol had initiated confidential talks with Lubrizol the month before. Berkshire agreed to buy the firm for $9 billion on March 14.

GE-Whizzes: Everyone’s Looking for an Edge on Taxes [WSJ]
GE isn’t the only corporate giant striving to pay as little as possible under the tax code. Wall Street firms, battered by losses during the financial crisis, wrote down their tax bills using a variety of methods and claimed benefits against other tax bills.

House of Lords Skewers Auditors; Over To You, Congress [Forbes]
Wish granted.

Tax Court: Woman Can Deduct Funds Withdrawn by Abusive Boyfriend [TaxProf Blog]
The Tax Court yesterday held that a women could deduct funds withdrawn from her businesses by her abusive boyfriend as theft losses.

Too many accounting bodies, bemoan Lords [Accountancy Age]
With six primary regulators of auditing and accounting in the UK, the Lords described their overseeing of the industry as “fragmented and unwieldy”, saying there is patent overlapping of jurisdiction and function. One unified regulator was held up as the gold standard and the committee seemed to be calling for outside powers to swoop in and break up the squabbling crew.

Sister act: Alabama tax prep sisters each face 129 years in prison [AW]
A couple of sisters looking at a Madoff-esque sentence.

Taxpayer Suggestions for Improving the I.R.S. [Bucks/NYT]
A Q&A with a regular Joe…er…Herb who sat on the Taxpayer Advocacy Panel.

KPMG Sued For Giving Tom Hicks “Clean Audit” a Year Before $525-Million Loan Default [Dallas Observer]
GPS alleges that KPMG “was well aware of the desperate financial condition of Hicks Sports” — specifically, the Texas Rangers and Dallas Stars — when it was hired to conduct the ’08 audit.

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