Going Concern

News

What Will Maryland CPAs Put on Their Vanity License Plates?

Caleb Newquist
March 1, 2011

Of course Tom Hood had something to do with this.

Get your MACPA vanity license plate, complete with the CPA logo and tagline “CPA – Never Underestimate the Value” prominently featured. Let everyone know you are a member of the Maryland Association of CPAs. Plates cost just $25. They’re a fun way to show you are proud to be a CPA.

There’s one resident of Maryland who probably would like one of these that simply says “JDA” but we’re guessing “CPA wranglers” aren’t eligible. As for the legit CPAs out there, unless there’s a proctologist out there that’s already nabbed it, we suggest you move quick to get “ASSMAN” because it won’t last. We’ll hear your other clever suggestions now; shoot for style points.

That Duke Snider Autograph May Have a Tax Story Behind It

Caleb Newquist
March 1, 2011

Snider returned to Brooklyn on a sad note on July 20, 1995, when he appeared in federal court, a couple of miles from where Ebbets Field once stood, as a criminal defendant. Snider and another Hall of Famer, the former Giants first baseman Willie McCovey, pleaded guilty to tax fraud for failing to report thousands of dollars earned by signing autographs and participating in sports memorabilia shows. “We have choices to make in our lives,” Snider said. “I made the wrong choice.” [NYT]

KPMG

Mike Mayo Is of the Opinion That Citigroup ‘May Have Violated Sarbanes-Oxley’

Caleb Newquist
March 1, 2011

Last week we heard from a number of people on the topic of Citigroup’s internal controls that while it didn’t sound like they were quite up to snuff, KPMG was somehow cool with it and Vikram Pandit signed his name to it, saying that everything was hunky dory.

Now along with bloggers and journalists, the scourge of Citigroup, CLSA analyst Mike Mayo, has decided to get into the act:

Citigroup may have violated Sarbanes-Oxley with its 2007 10-K submission, in our opinion. The new information relates to letters from regulators that were only revealed earlier this year as part of the FCIC archive. We believe these letters between Citi and the Fed, Citi and the OCC, and the OCC with internal staff, imply that Citi should have known about internal control shortfalls for the year 2007 and was directly told about them by the OCC only eight days before the 10-K was signed. Also, Citi reported large unexpected losses with less than two months left in the year. Thus, the lingering question in our mind is why Citi signed off on its 2007 10-K as having effective controls in light of such problems. This information is still relevant today because it reflects on the magnitude of the risk shortfalls and what we feel is the higher-than-perceived task of turning them around.

That’s from Mayo’s update on the bank, dated today, and along with the “opinion” on a Sarbanes-Oxley violation, he has a few questions:

To what extent was the audit committee and board at Citi aware of the concerns voiced by various regulators at the time, and who gave the advice to sign the 10-K? To what extent has Citi’s board examined the issue since the release of letters from the FCIC? Has the SEC and DOJ looked into this matter?

We bolded that portion since it might – just might – be referring to KPMG and the apparent disregard everyone had for the letter sent to Citigroup from the OCC. Of course, not everyone always agrees with Mayo, namely Dick Bové who has gave HofK the thumbs up although it was obvious that he’d never heard of the firm. Bové hasn’t weighed in on this particular report but it’s only Monday.

Anyway, Citigroup remains steadfast in their thoughts on the matter, telling The Street’s Lauren Tara LaCapra that the “certifications were entirely appropriate,” although things increasingly seem to be pointing to the possibility that wasn’t the case. A message left for Marianne Carlton, a KPMG spokeswoman, hasn’t been returned.

News

LECG Selling Off Practice Groups to FTI, Grant Thornton, WeiserMazars

Caleb Newquist
February 28, 2011

LECG Corporation, a global professional services company that specializes in “global litigation; economics; consulting and business advisory; and governance, assurance, and tax expert services” is spinning off five practice groups to help pay off $27.8 million on a credit facility. Two of the expert groups are going to FTI Consulting, Grant Thornton is picking up two groups and also a third that is being split with WeiserMazars. News of this fire sale has given LECG’s stock price a serious case of the Mondays (bolding is ours).

The tenth amendment to the credit agreement is expected to tion several practice groups to other firms and determines the process for similar transactions in the immediate future. The tenth amendment also will limit how LECG may use its cash until it repays its lenders. The facility matures on March 31, 2011 and approximately $27.8 million is outstanding. Absent sufficient proceeds from the transition of practice groups, the company will not have adequate cash resources to repay amounts outstanding under the facility.

The transaction with FTI Consulting, Inc. involves the transition to that firm of LECG’s International Arbitration and Aviation Competition practices and is expected to be effective today, subject to satisfaction of closing conditions, including the consent of its lenders to the release of liens on certain assets to be transferred. Terms were not disclosed.

The company also signed a letter of intent with Grant Thornton LLP to transition the company’s tax and business consulting groups. Simultaneously, the partners of LECG Partners, LLP, which provide attest services under an alternative practice structure, will continue to provide their professional services with either Grant Thornton LLP or WeiserMazars LLP.

The announced transitions will involve approximately 350 employees in Atlanta, Albany, Cambridge, Chicago, Devon, Harrisburg, Houston, New York, Schaumburg and Washington, DC.

Doug Phillips, Managing Partner of WeiserMazars told GC that the firm is “working to close the agreement” and that it is expected to finalized this afternoon or tomorrow morning. WeiserMazars will assume five partners and 40 professionals and they will be based in their Horsham, Pennsylvania office. Messages left with Grant Thornton, FTI Consulting and LECG were not immediately returned.

These spin-offs are occurring less than a year after LECG merged with Smart Business Advisory & Consulting, however a quick glance at their last three income statements shows drastically dropping revenues from $370.43 million in 2007 to $335.68 mil in 2008 and $263.20 mil for 2009. Cash flow from operations was also trending negatively for the last three years and the company’s equity is dwindling. ~~By the count in the LECG/Smart press release, the company will have around 300 employees remaining after the transitioning of these practices groups is finalized.~~ Not too good, man.

Despite all this, Deloitte’s most recent audit opinion was a clean one with no indication that the company was having problems. This fire sale of revenue-producing assets tells a very different story and we can’t say that we’d blame anyone that was thinking about rushing for the exits. If you’re in the know, email us and we’ll update you as we learn more.

UPDATE:
After poking around a little bit, we have a bit more to share (although more questions seem to persist). A source familiar with the consulting industry informed us that FTI Consulting was very interested in LECG’s European locations however, there’s nothing in the press release that indicates that this was part of the deal, despite the fact, our source said, that Paris is major hub for international arbitrage. Our source speculated that LECG would liquidate in the next 60-90 days which confirmed the thoughts shared with us by a source close to LECG.

One other interesting item of note – Grant Thornton continues its expansion, with the pickup of these tax, advisory and attest groups. It’s not entirely clear what areas in advisory GT picked up here but we’re definitely seeing Stephen Chipman’s dreams of my dynamism (yes, it’s a word) in action.

UPDATE 2:
Joseph DiStefano writes over at PhillyDeals that the deal would “[leave] about 1,000 with LECG in its remaining units.” Our previous number was based on the 650 cited in the March 2010 press release which appears to not have included the number of Smart employees that were added to the headcount.

DiStefano also published portions of a letter that LECG Managing Director John B. Stine II sent to clients:

“I am very excited to report that our tax, compensation & benefits, consulting and certain components of the audit practice of LECG (formerly SMART Business Advisory and Consulting) have joined Grant Thornton in its offices in Philadelphia, New York, Chicago, Atlanta, Portland, and London.

“Grant Thornton, the sixth largest firm globally, proved to be the best choice among the 11 accounting firms and 6 consulting firms that pursued our team.

“In only 10 days, Grant Thornton went from an initial one-on-one meeting to Board approval and sign-off of a deal that brings over 300 professionals to the firm…

So based on that it sounds like there were a bunch of firms in the mix and Stine gave clients the reasons behind going with GT: “Grant Thornton was the only firm with a similar roster of clients […] in contrast to the numerous local firms that showed enormous interest in doing transactions that cut out geographies or service lines.”

News

‘Massive Accounting Fraud’ Du Jour: DBH Industries (nka Point Blank Solutions)

Caleb Newquist
February 28, 2011

Maybe color blindness is the reason everyone misses the “red flags.”

The Securities and Exchange Commission charged a supplier of body armor to the U.S. military for engaging in what it called “massive accounting fraud.”

The SEC alleges that DBH Industries, now known as Point Blank Solutions Inc. (PBSOQ), “engaged in pervasive accounting and disclosure fraud through its senior officers and misappropriated company assets to personally benefit” its former chief executive, David Brooks.

The regulator also charged outside directors Jerome Krantz, Cary Chasin and Gary Nadelman for their parts in the scheme, saying they were “willfully blind to numerous red flags” signaling the fraud.”

“As the fraud swirled around them, Krantz, Chasin, and Nadelman ignored the obvious and submitted to the directives and decisions of DHB’s senior management while themselves profiting from sales of the company’s securities,” said Eric Bustillo, director at the SEC’s Miami office.

SEC Charges Body-Armor Supplier For ‘Massive Accounting Fraud [Dow Jones]

Survey Says: Accountants and Small Businesses are Optimistic About the Future

Adrienne Gonzalez
February 28, 2011

It must be survey season so since you kids received the last one so well (surely I jest), we humbly present this latest survey of 1,217 Intuit small business and 1,200 Intuit accountant customers between Oct. 15 – 20, 2010. Thanks, Intuit!

The good news is that there really is no good news but that hasn’t put a damper on survey respondents’ view of things to come. It’s sort of exceptional, in our opinion, that 75 – 80% of respondents feel today’s economic climate is just fair or poor but more than that feel optimistic about opportunities in the future.

In a considerable showing of resilience, 65 percent of accounting professionals and 54 percent of small business owners said their companies grew in the last 12 months. Despite this growth, 75 percent of accounting professionals and 80 percent of small business owners rate today’s economic climate as “just fair” or “poor.”

Both groups expressed optimism for the future, with 94 percent of accounting professionals and 87 percent of small business owners seeing opportunities to grow their businesses in today’s economy.

Well if there are going to be new opportunities once things look up, where are they going to come from? According to respondents, news and technology are the key:

77 percent of accounting professionals said “access to industry news and/or trends” is the most important; “investing in new technology” ranked second.

73 percent of small business owners placed “marketing and/or advertising” as the most important; 57 percent said they plan to focus on “expanding their range of offerings.”

Funny, Sage just asked 533 accountants and IT professionals what keeps them up at night and they responded with getting new clients and regulatory compliance. For Intuit’s respondents, however, client retention ranked higher than finding new ones.

When asked what keeps them up at night, 32 percent of accounting professionals said “keeping clients happy.” For 26 percent of small businesses, “paying bills” is their number one concern.

Fine, so what does all this mean?

“Accounting professionals and small business owners are extremely adaptable and flexible individuals,” said Shawn McMorrough, lead research manager of Intuit’s Accounting Professionals Division. “Despite feeling the pinch in this challenging economic environment, they are optimistic and continue to weather the rapidly shifting business environment. Their unrelenting passion for serving their customers helps accounting professionals and small businesses succeed in the face of any challenge the market presents them.”

Should the rest of the world take that as a good sign that things aren’t as bad as Jr Deputy Accountant, Michael Panzner and the Mogambo Guru might make it seem? It looks that way, though the doomsayers are still in business for the foreseeable future. Yay?

Accounting News Roundup: Tax Bill Led to Shift on DOMA; Value of the Oscar Swag Bag; Job Boredom Relief | 02.28.11

Caleb Newquist
February 28, 2011

A $363,000 Tax Bill to Widow Led to Obama Shift in Defense of Marriage Act [Bloomberg]
Edith Windsor and Thea Spyer had a 40-year engagement and a two-year marriage, starting with a wedding in Canada recognized under the laws of New York, where they lived, and ending when Spyer died two years ago. Her death triggered a $363,053 federal tax bill from which her widow would have been exempt had she been married to a man, because the federal Defense of Marriage Act bars the U.S. government from recognizing same-sex unions.

JPMorgan fund eyes 10% stake in Twitter [FT]
The fund hopes to acquire 10 per cent of the online messaging service for $450m, valuing Twitter at $4.5bn, according to people familiar with the plans.It is not clear if the JPMorgan fund will make a direct investment or buy out existing investors and shareholders with Twitter’s approval. But the fund does not intend to buy shares on the secondary market, the people said. The deal has not closed.

Are Amazon.com’s Days Of Tax Free Selling Numbered? [Forbes]
Retail analyst David Strasser, a managing director at Janney Montgomery Scott, suggests that they could be. “There’s a lot of momentum building,’’ he said Friday. “(Amazon founder) Jeff Bezos has built a company strategically around avoiding sales tax. But they’re going to have to deal with this,” he added.

By the Numbers: $75,000 The value of a 2011 Oscars swag bag [DMWT]
Those Kim Kardashian watches will be a collector’s item.

Tax breaks on real estate deals for people like A-Rod cost city 900M a year [NYDN]
Popcorn-free hands can afford great tax planning.

What To Do When You Are Bored With Your Job [BZUK]
As if that ever happens. But just in case.

After winning tanker contract, Boeing questioned on tax bill [The Hill]
In a Friday release, Citizens for Tax Justice declared that Boeing basically did not pay any U.S. corporate income taxes between 2008 and 2010, even as it reported around $10 billion in profits.

KPMG

A Few People Are Not Satisfied with the $624 Million Countrywide Settlement

Caleb Newquist
February 26, 2011

And, unfortunately for Bank of America and KPMG, that could mean digging through the couch cushions.

Several large institutional investors have rejected a court settlement where Countrywide Financial Corp. had agreed to pay $600 million to a number of national pension funds. Those pulling out of the agreement include BlackRock Inc.; the California Public Employees Retirement System, or Calpers; T. Rowe Price Group Inc.; Nuveen Investments Inc.; and the Maryland State Retirement and Pension System, according to a document from the suit filed in U.S. District Court in Los Angeles. The investors decided the settlement, initially agreed to last May, wasn’t enough and will seek their own terms with the mortgage originator and its current owner Bank of America Corp., as well as Countrywide’s auditor KPMG LLP. KPMG had committed another $24 million to the settlement.

In typical HofK fashion, the firm didn’t bother commenting for the Journal’s story however BofA managed to express their disappointment, “It is unfortunate that some investors chose to opt out of what we believe is a fair and equitable agreement to settle these issues.” Right. Because the likes of BlackRock and Calpers should be tickled pink with the pleasure of splitting $624 million with dozens of other investors.

Big Investors Refuse Countrywide Settlement [WSJ]

Big 4

Let’s Discuss: Beards in the Big 4

Caleb Newquist
February 26, 2011

From the mailbag:

Caleb –

Just curious what your thoughts or GC readers’ thoughts are on male facial hair in the public accounting world. Personally, I hate shaving. I shave once a week but am sure to keep a clean line under the chin. (I also dress well and don’t believe that business casual means khakis and a golf shirt.) A friend of mine told me that his manager at his big 4 firm was asked to shave his nicely groomed beard by his partners. Is this normal? Petty? A generation thing?

Let me address your questions one at a time:

1.a. Q: “Is [partners telling managers to tell someone else to do something, like shaving] normal?” A: Yes. Some partners can’t believe they have��general vicinity as the staff, let alone talk to them, so when an awkward conversation needs to be had, a manager often gets the privilege. That said, ambitious managers who want to become partners will often take it upon themselves to inform the beast in question to break out the Bic.

1.b. Q: Is [frowning on facial hair] normal?” A: As a general rule, yes. Some smaller firms are known to be pro-beard but As far as I am aware, the Big 4 state that they allow mustaches and beards if they are kept “neatly trimmed.” However, the reality is that most partners don’t like facial hair. Whether you are growing it for charity, you lost a bet to a broheim or your spouse thinks it’s hot; they don’t give a damn. They want your faces clean shaven.

2. Q: “[Is this] petty?” A: Well, we are talking about the Big 4, now aren’t we? Petty annoyances are part of the deal. In fact, a beard could cost you a promotion if you’re working for the wrong person. That said, I personally don’t think making an issue of facial hair is that petty. The reason being, that despite your well-trimmed beard, it is the exception rather than the rule. I share your hatred of shaving (not to mention your anti-khakis/golf shirt stance) but this is one of those “a few bad apples” situations. Lots of men in the Big 4 are flat-out slobs and if you give them an inch on facial hair, they’ll take a mile. Now, if you happen to have snuck in a well-groomed beard or mustache and kept it that way, you may get a pass but if you’re just letting the 5 o’clock shadow extend an extra day or two and it’s disgustingly obvious, you should get a talking to.

3. Q: “Is this a generational thing?” A: No. There are anti-beard people at various ages who simply equate facial hair with hipsters, hillbillies and the Taliban. I think it’s more of an accounting firm culture thing. So if you’re sporting one, it puts you at odds with TPTB and squarely in the “counter-culture” camp. But on a more practical level, you work in a professional environment for crissakes. For advisory and audit professionals staff who are in client-facing roles earlier than their tax counterparts, partners and managers don’t want you looking like a hobo in front of clients. It doesn’t seem logical to let the gents in tax let themselves go, so the rule applies across the board.

The “beard or no beard” question is now open for debate. Sorry about the gender-specific topic ladies. Your thoughts and unfiltered judgments on the matter are certainly welcome and encouraged.

Tim Geithner Wants to ‘Revisit’ This Pass-Through Entity Idea

Caleb Newquist
February 26, 2011

U.S. Treasury Secretary Timothy Geithner told the Senate Finance Committee Feb. 15 that Congress should “revisit” long-standing rules that give businesses a choice of paying taxes as a corporation or through a structure such as a partnership through which they can report business income on individual tax returns. The recommendation, which Geithner repeated in a meeting with reporters this week at Bloomberg News in Washington, would affect income earned by the nation’s largest law firms, investment partnerships and so-called S corporations. It would more than double, to about $3 trillion, the amount of business income potentially affected by tax-law changes. [Bloomberg]

News

‘Forging and Selling Invoices to Avoid Taxes’ in China Is No Longer Punishable By Death

Caleb Newquist
February 25, 2011

We Americans do love a good firing squad/lethal injection/electric chair/hangin’ but the Chinese make us look like a bunch of pansies by comparison. However, after several millennia, China might be getting soft in its old age. As the Associated Press reports, some economic crimes have been pulled from the “do this and die” list:

Thirteen economic, nonviolent offenses will be removed from the list of 68 crimes punishable by death, said Lang Sheng, who heads a legal committee for the National People’s Congress, China’s legislature. The 13 crimes include forging and selling invoices to avoid taxes, and smuggling cultural relics and precious metals such as gold out of the country.

However, it should be noted, “[A]n expert said the move was unlikely to significantly reduce executions, since people convicted of those crimes in the past have rarely received the maximum penalty and capital punishment can still be used to punish other economic crimes such as corruption.”

We’re not intimately familiar with all the potential criminal tax pitfalls in China, so it’s safe to assume there are plenty of other tax crimes that will still get you the dirt nap. International tax scofflaws should tread carefully.

China drops death penalty for some economic crimes [AP via Gawker]

News

Does This Chiseled Torso Belong to an Accounting Professor?

Caleb Newquist
February 25, 2011

[caption id="attachment_25948" align="alignright" width="128" caption="Source: Keivom/NYDN"]

Wilhelmina Hot Body Model Search Celebration

[/caption]

Yesterday, as I was moseying through the typical day of an accounting firm scourge, a message dropped into my inbox that caught me off guard. A reader alerted me to this Daily News article that reported the winners of the Wilhelmina Hot Body Model Search. Nothing really too Earth-shattering except that our tipster noted that one of the winners has an uncanny resemblance to this accounting professor “who taught me financial reporting a few years ago.”

I took a gander and have to admit, the similarities are there but I had my doubts. Not that it would be unheard of for an accounting professor to win a Hot Body Model Search but…it’s a little unheard of for an accounting professor to win a Hot Body Model Search. Especially one with a PhD from Cornell and whose research interests in “capital markets, behavioral finance and the behaviors of arbitrageurs, earnings management and intangibles.” That simply can’t be possible, can it? I couldn’t reach the model and our conversation with the professor in question basically went like this:

In other words, a non-denial denial. I guess we’ll have to figure it out for ourselves then. All right team – could it really be the same guy, or is this just his long-lost twin?

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