Going Concern

Accounting News Roundup: Obama Opposes Deal on Tax Cuts for Wealthy; Former Advatech CFO Sentenced; Citrin Cooperman One of Inc. Magazine’s Fastest-Growing | 09.08.10

Caleb Newquist
September 8, 2010

Obama Against a Compromise on Extension of Bush Tax Cuts [NYT]
“President Obama on Wednesday will make clear that he opposes any compromise that would extend the Bush-era tax cuts for the wealthy beyond this year, officials said, adding a populist twist to an election-season economic package that is otherwise designed to entice support from big businesses and their Republican allies.

Mr. Obama’s opposition to allowing the high-end tax cuts to remain in place for even another year or two would be the signal many Congressional Democrats have been awaiting as they prepare for a showdown with Republicans on the issue and ends speculation that thee open to an extension. Democrats say only the president can rally wavering lawmakers who, amid the party’s weakened poll numbers, feel increasingly vulnerable to Republican attacks if they let the top rates lapse at the end of this year as scheduled.”

Oracle CEO Rails Against H-P For Mark Hurd Lawsuit [Dow Jones]
Were the HP board membersnot aware that Larry Ellison does what he wants? Oh and that’s he’s filthy rich and will buy all of their homes and their families’ homes and burn them to the ground if you dare cross him?

“Oracle Corp. (ORCL) Chief Executive Larry Ellison issued on Tuesday a strongly worded criticism of Hewlett-Packard Co. (HPQ) and its lawsuit against H-P’s former Chief Executive Mark Hurd, suggesting that Oracle might discontinue its 25-year partnership with H-P.

‘Oracle has long viewed H-P as an important partner,’ said Oracle CEO Larry Ellison in a statement. ‘The H-P board is acting with utter disregard for that partnership, our joint customers, and their own shareholders and employees. The H-P Board is making it virtually impossible for Oracle and H-P to continue to cooperate and work together in the IT marketplace.’ “

Six Flags Entertainment Corporation Announces John Duffey to Join Company as Chief Financial Officer and Lance Balk to Serve as General Counsel [PR Newswire]
Despite rumors that Duffey is scared to death of roller coasters, he assumes the big chair.

Former Advatech CFO Sentenced To 51 Months In Prison [Dow Jones]
“Richard Margulies, 59, was convicted of a June 2008 scheme that involved hiring two individuals to make “manipulative” purchases in the company’s stock in exchange for illegal kickbacks. He provided the two with shareholder lists, confidential information and non-public press releases to help slowly drive up the share price.

Soon after, Margulies was investigated by the Securities and Exchange Commission. He was indicted in December 2008 on charges that included conspiracy and securities fraud. Margulies pleaded guilty.

The court found he intended to cause $2.5 million to $7 million in losses as a result of his actions.”

Deloitte Becomes a Thomson Reuters Certified Implementer [PR Newswire]
Apparently this is BFD.

BP Takes Some Blame in Gulf Disaster [WSJ]
“The report finds BP facing a tricky balancing act. The British company risks exposing itself to greater legal liability if it assumes a large part of the blame for the disaster, but if it doesn’t do this it likely would be accused of evading responsibility. Meanwhile, parceling out blame to other companies involved in the well risks drawing blowback from them. BP officials and legal analysts say the company is trying to be careful to avoid letting the findings devolve into more mud-slinging.”

Citrin Cooperman Ranked Among Inc. Magazine’s Fastest-growing Private Companies [PR Log]
“According to Inc., Citrin Cooperman was the 148th fastest growing firm in the magazine’s broad “financial services” category, which includes accounting firms, brokerages, lending services and technology firms serving the financial industry.”

Local Man Assumes Tagging of Racial Slurs on Building Is Related to an IRS Audit

Caleb Newquist
September 8, 2010

Because what else could it be?

Police are trying to figure out who sprayed racial slurs in the parking lot of a Hall County building that includes offices for the Internal Revenue Service. The messages invoking the Ku Klux Klan, and obscenities directed at African-Americans were discovered by employees as they arrived to work.

Odds aren’t that bad; approximately 1 in 6. Still doesn’t explain why invoking the Klan was necessary.

The building on Oak Street in Gainesville is home to nearly a half-dozen businesses, including an IRS office. Police told Channel 2’s Diana Davis they had no evidence linking the slurs to one person working in the building.

One employee speculated that the vandals may have a beef with the IRS. “Probably someone was being audited and they were frustrated with the situation and process they were going through. More than likely this is the result of that,” said Christian Saslo.

Racial Slurs Found Outside IRS Office [WSBTV]

Quote of the Day

Paul Hogan Is Pleased to be Back on U.S. Soil

Caleb Newquist
September 8, 2010

“I have come to this great tax haven, the USA, where the IRS are gentlemen compared to our lot.”

~ Mick Dundee isn’t making a helluva lot sense but it’s fine, he’s still more or less a celebrity.

A Whole Mess of People Aren’t Impressed with PwC’s Offer to Buy Diamond M&T’s Stock

Caleb Newquist
September 8, 2010

PwC isn’t necessarily to blame, mind you, at least not yet. As it stands, Faruqi & Faruqi are investigating Diamond’s Board of Directors for accepting the $12.50 offer that PwC made last month.

F&F cites “at least one financial analyst values Diamond’ common stock at $14.00 per share,” hence, gypping investors. This is just the latest in a long line of investigations that were announced since the deal was announced. HOWEVER!

As far as we can tell only one actual lawsuit has been filed, in Delaware and it also notes that the deal was structured “that bars other bidders from making an offer” and includes a $9 million termination fee.

Faruqi & Faruqi, LLP, a leading national securities firm headquartered in New York City, is investigating the Board of Directors of Diamond Management & Technology Consultants, Inc. (?Diamond? or the ?Company?) (NasdaqGS: DTPI) for potential breaches of fiduciary duties in connection with their conduct related to the sale of the Company to PricewaterhouseCoopers LLP (?PricewaterhouseCoopers?). The proposed transaction offers Diamond shareholders to only receive $12.50 in cash for each share they own. According to Thomson/First Call, at least one financial analyst values Diamond’ common stock at $14.00 per share.

Whether the Diamond’ Board of Directors breached their fiduciary duties to Diamond’ stockholders by failing to conduct an adequate and fair sales process to sell the Company prior to agreeing to this proposed transaction, whether the proposed transaction undervalues Diamond shares and by how much this proposed transaction undervalues the Company to the detriment of Diamond shareholders are the key focus of this investigation.

Faruqi & Faruqi, LLP is a national law firm which represents investors and individuals in class action litigation. The firm is focused on providing exemplary legal services in complex litigation in the areas of securities, shareholder, antitrust and consumer litigation, through all phases of litigation. The firm has an experienced trial team which has achieved significant victories on behalf of the firm’s clients.

Faruqi & Faruqi, LLP Announces Investigation Related to the Acquisition of Diamond Management & Technology Consultants, Inc [Business Wire]
PWC, Diamond Management Sued Over $378 Million Buyout [Bloomberg BusinessWeek]

Industry

Who Would’ve Guessed Al Sharpton Knew Nothing About Accounting?

Caleb Newquist
September 7, 2010

Presumably everyone but if you guessed that the Rev had the good sense to hire a crack-squad of debit & credit mavens to keep everything at National Action Network tip-top, you’d be sorely mistaken.

An accounting firm hired by Al Sharpton’s National Action Network found the civil-rights group in such financial disarray that it flunked its record-keeping — and may not even survive, The Post has learned.

The scathing critique was spelled out in a hard-hitting internal audit of NAN’s books, a copy of which was obtained by The Post.

“The organization has suffered recurring decreases in net assets — and has been dependent upon advances from related parties and the nonpayment of payroll tax obligations — to maintain continuity,” the firm KBL concluded in an April 2 audit of NAN’s 2008 financial records, the most recent available.

The audit, which was submitted to NAN’s board of directors, warned, “These circumstances create substantial doubt about the organization’s ability to continue.”

KBL said it was “unable to form an opinion” on the accuracy of NAN’s financial figures “because of inadequacies in the organization’s accounting records.”

Audit finds Sharpton’s nonprofit on brink [NYP]

CFOs

Pressure from CEOs More Likely to Lead CFO Shenanigans Than Monetary Gain

GoingConcern
September 7, 2010

This story is republished from CFOZone, where you’ll find news, analysis and professional networking tools for finance executives.

A recent study, “Why Do CFOs Become Involved in Material Accounting Manipulations,” by researchers at the University of Pittsburgh and the University of Washington attempts to answer just this question. Their finding? Pressure from the companies’ CEOs, more than the possibility of financial gain, tends to drive the actions of crooked CFOs.

Of course, the researchers couldn’t actually divine the motivations that drove the CFOs who manipulated numbers. Instead, they reviewed a group of firms subject to SEC enforcement, analyzing the role of the CFOs, as well as the costs they incurred and any benefits they gained from their actions.

They found – not surprisingly – that the CFOs involved faced stiff penalties for their actions. More than half of the CFOs (54 percent) employed by the nearly 300 firms in the sample that were charged by the SEC for accounting manipulation were prohibited from serving as an officer, director or accountant with a public company in the future. About 48 percent of CFOs were fined as a result of their wrongdoing, with a median fine of $50,000. A small number – about 4 percent – also faced criminal charges. Clearly, monkeying with the numbers can be quite costly for CFOs.

On the other hand, the CFOs that engaged shady number crunching didn’t have significantly higher equity incentives than CFOs in the control sample. That means the CFOs involved in misstatements took on a lot of risk, yet couldn’t expect to come out much further ahead financially than their counterparts at law-abiding firms.

Conversely, the CEOs of firms in trouble exhibited both greater power and equity incentive than CEOs of control firms. For instance, these CEOs were more likely to be company founders and to serve as chair of their boards than the heads of the other firms. “This evidence is also consistent with the pressured CFO explanation; that material accounting manipulations are more likely in the presence of powerful CEOs,” the researchers write.

What’s more, CFO turnover jumped during the three years before the misstatements occurred. That suggests that at least some CFOs either left or lost their jobs because they refused to participate in the manipulation.

The SEC also seems to have taken note of the larger role that CEOs, rather than CFOs, typically played in the schemes. When the researchers examined 188 companies in which both the CFO and CEO were charged with manipulating numbers, they found that the SEC had charged 18 percent of CFOs with orchestrating the schemes. When it came to CEOs, however, 32 percent were charged – almost double the CFO number.

Moreover, when the SEC charged just the CFO with wrongdoing, 30 percent of them benefited financially. That’s a lot, but it’s significantly less than the 46 percent of CEOs who were charged and also gained financially.

Given these findings, are there changes that could reduce accounting shenanigans? To be sure, the research doesn’t mean that CFOs who cook the books can simply blame their actions on their bosses; clearly they could have acted differently, as difficult as doing so might have been. The findings do suggest, however, that one step to reducing the opportunity for wrongdoing would be to provide CFOs with greater independence from their CEOs. One way to accomplish this would be to expect greater participation from corporate boards or audit committees when it comes to hiring and evaluating their firms’ chief financial officers.

News

The National Society of Accountants Has a Bone to Pick with the AICPA

Caleb Newquist
September 7, 2010

A couple weeks back the AICPA gave its members the go-ahead to Crtl+C, Crtl+V its letter to the IRS about how certain parts of the proposed tax preparer regulations were a load of crap.

We just assumed that everyone in the accounting biz was on the same page here but boy we’re we wrong. The National Society of Accountants sent this letter to Treasury honcho Geithner stating that they don’t want any tax preparers exempted from obtaining a PTIN (among other complaints):

NSA Letter Regarding CPA Firm Exemption

What’s especially interesting is that the AICPA is not named in this letter once, however they are named specifically in the NSA’s press release:

Now, at the 11th hour, just before the registration process is scheduled to begin, some – including the American Institute of CPAs – are demanding that staff members of ‘CPA firms’ be exempted from the registration requirements. This flies in the face of why this registration program was set up. The point of the new regulations is to ensure that all tax preparers are accountable for their work in preparing returns, and that should include anyone who paid to prepare all or substantially all of a return, no matter where they may work.

The basic tenet here is that big firms will get away with letting the underlings preparing the returns not be held accountable for their (apparently) shoddy work. The NSA’s position is that if every single legit tax professional is registered then they can track down the shitty ones and the IRS can act accordingly. The NSA claims that the “loophole” proposed by the AICPA will let these amateurs skate the testing and registration requirements and thus won’t be serving taxpayers one iota.

On the one hand you might have been totally against the tax preparer regulations from the start but now that they’re unavoidable, the AICPA’s request for exemptions in some cases may burn the unlucky bunch that wouldn’t get to enjoy waiver.

Career Center

Do The Big 4 Use Intermediate Accounting as a ‘Weed-Out’ Course?

Caleb Newquist
September 7, 2010

Back from the meat sweat-infused Labor(less?) Day Weekend with the latest edition of “help me get my career out of the crapper,” a young accounting student is concerned that their “C” in Intermediate Accounting will derail their Big 4 dreams of fame and fortune.

Have a question about your career? Need advice on how to handle the client contact who just happens to be a complete lunatic? Undecided on whether or not you should eat the frozen pizza that isn’t yours when you’re working at 1 am? Email us at advice@goingconcern.com and we’ll get you back on the crooked and wide.

Back to our latest grade–obsessed recruit:

I’m currently a Senior at ASU, graduating in May 2011 and plan on enrolling in the MTAX program at ASU that Fall. I currently have a 3.52 G.P.A., but ended up with a C in Intermediate Financial Accounting (For the record, I took an accelerated 5-week course and was also working full-time). I have heard that many firms (mostly Big 4) use this course as a “weed out” of candidates. I have maintained all A’s in my other accounting courses but am worried that this C will turn off recruiters. If I plan on going into Tax, will this pose a problem? Any recommendations to counter potential problems?

Here’s the deal with grades people – they shouldn’t be a dealbreaker. There are tons of fine candidates out there who weren’t as naturally talented in the academic sense of double-entry accounting but have a lot more intangibles to offer.

Unfortunately, the current reality is that most Big 4 partners and those in recruiting are of the mindset that looking at a candidate’s grades is most efficient way to identify the best candidates. Is that bullshit? In the editor’s opinion, yes. Do you have to deal with it, anyway? Yes. Is impossible to have a low-ish GPA (between 3.0 – 3.5) and still land a gig with Big 4? No, but be prepared to sell hard why your lower GPA isn’t an issue.

In this case, while the “C” in Intermediate Accounting may rise an eyebrow or a brief mention from someone on the recruiting team, it is not the ‘weed out’ course that you are picturing in your head. Your 3.52 GPA is good enough that the Big 4 will give you a serious look and if you received “A” grades in your other classes, the “C” will look like an outlier that a partner may ask you about briefly, “What happened there?” in an attempt to be funny. You’ll give him/her the story and that will likely be the end of it.

Plus, since it sounds like you’re most interested in joining a Tax Practice, this shouldn’t be an issue at all. They’ll look at your Grad School grades and the classes you took in the program to decide where you’ll best fit into their practice. They likely won’t give your “C” in Intermediate a second look.

I’m Not Impressed With FASB’s New Twitter Account

Adrienne Gonzalez
September 7, 2010

When @FAFNorwalk launched on August 4, 2010, it was supposed to be an awesome attempt at connecting government accounting to the 439 people interested in it (don’t trip, FAFN, y’all will get your massive following).

The day after signing up, they mustered up the courage to send out their first tweet:

Welcome to FAF/FASB/GASB! Stay Tuned For Updates.

First of all, we’re not sure if FAF, FASB and GASB know this but Twitter accounts are free so you are totally allowed to get your own. As far as I know, you are even allowed to get several as long as you can come up with an email address for it so there’s no need to share, although that can get messy. What if one of you is trying to tweet about the latest comment period (Disclosures of Certain Loss Contingencies – I’m sure that will garner quite a bit of interesting commentary) while the other wants to talk about new lease rules?

Secondly, is this the best they can do? I’d really like to see some more thoughtful commentary from Norwalk that truly opens the conversation. They can think of this as a comment letter in 140 characters.

Thirdly, what’s up with the one and only person FAFNorwalk is following? We don’t know who the hell @Badwissen is but maybe they are just really into FASBs and @FAFN could totally vibe that when they started their little Twitter co-op.

Lastly, let’s try to work a little better on the turnaround, eh @FAFN? Compliance Week already had an entire story up about new lease rules by the time @FAFN got around to tweeting about it… fine, @FAFN tweeted it around 2 and the CW story went up after 5 but still, with @FAFN’s access to insider information, I want to see @FAFN tweets about lease rules a full two hours (or a day!) before anyone, come on.

If you are looking for a truly dull Twitter follow with zero interaction, @FAFNorwalk is totally for you. Personally I like my accounting feeds with slightly more bite, even if that means a simple @ every now and then.

How’s that for a fucking comment letter?

Earlier:
Wonky Accounting Insight in 140 Characters or Less: The FASB Is Now on Twitter

Accounting News Roundup: Obama to Propose Tax Break to Encourage Investment; PwC Entanglement in Yukos Continues; The Big 4 and Subprime Auditing | 09.07.10

Caleb Newquist
September 7, 2010

Obama to Push Tax Break [WSJ]
“President Barack Obama, in one of his most dramatic gestures to business, will propose that companies be allowed to more quickly write off 100% of their new investment in plants and equipment through 2011.

The proposal, to be laid out Wednesday in a speech in Cleveland, tops a raft of announcements, from a proposed expansion of the research and experimentation tax credit to $50 billion in additional spending on roads, railways and runways.

Companies can now deduct new investment expenses, but over a longer period of time—three to 20 years. The proposed change, which would let companies ks meant to give companies who may be hesitant to invest an incentive to expand, acting as a spur to the overall economy.”

Oil Tycoon Says PWC Caved to Pressure [WSJ]
“Defense lawyers for jailed Russian oil tycoon Mikhail Khodorkovsky are turning their legal guns on one of their client’s former allies: auditor PricewaterhouseCoopers.

The attorneys for Mr. Khodorkovsky—once the main shareholder and chief executive of petroleum producer OAO Yukos and now on trial for allegedly embezzling tens of billions of dollars from the company—say PWC acted improperly when it withdrew its seal of approval from ten years of Yukos’s financial statements.

Mr. Khodorkovsky’s legal team contends that PWC, which served as Yukos’s auditor and adviser for years, withdrew its audit opinions in order to protect its own business interests in Russia and to shield its partners from possible jail time—not because of any real questions about the reliability of Yukos’s books.”

The Five Best and Worst Things About Telecommuting: The Finance Edition [FINS]
Being able to slob around in your sweats all day isn’t really conducive to a positive day.

PwC boss Ian Powell’s salary up to £3.6m despite partner profits slump [Accountancy Age]
“PwC partners voted to increase Ian Powell’s wages have increased to £3.6m despite partners’ average profits falling to £759,000.

Powell earned £3.3m last year.

Asked whether he believed he had earned his wages, Powell stressed that it was the senior PwC executives who set his remuneration.

‘It’s the partners that decide what I earn and I’m exteremely grateful to them for that.’ “

Barclays Names Diamond CEO, Pledges to Retain Universal Model [Bloomberg]
“Robert Diamond, the architect of Barclays Plc’s investment banking expansion, was appointed chief executive officer and pledged to boost the bank’s consumer unit.

Diamond, 59, will become deputy CEO next month before John Varley, 54, steps down at the end of March, the lender said in a statement today. He will move to London from New York and receive as much as 11.48 million pounds ($18 million) in salary and bonuses as CEO.

Chairman Marcus Agius today defended the bank’s universal model, where it acts as both a consumer and an investment bank, as a U.K. government commission considers forcing lenders to separate the businesses. Barclays, the U.K.’s third-biggest bank, is trying to cut the proportion of pretax profit generated by its investment bank to a third, down from two-thirds in the first half of this year.”

PwC opens Mongolian office [Accountancy Age]
“PwC has set up shop in Mongolia where it hopes to take advantage of a burgeoning natural resources market, the Big Four auditor said in a statement today.

The new audit office, in the capital Ulaanbaatar, will provide assurance, advisory and tax services to companies operating in the country which is credited as the first nation to use paper money.”

Guest Post: Subprime Auditing – The Fox In The Chicken Coop [Re: The Auditors]
“We all remember the story of The Three Little Pigs. This story is about the 4 Big Pigs, more commonly referred to as the Big 4. These are the four gigantic international accounting firms that have a virtual monopoly of the auditing industry – PricewaterhouseCoopers, KPMG, Deloitte, and Ernst & Young. They rule the roost and conduct themselves in a manner that ignores their responsibility to the citizens of our great country.”

News

An Accountant’s Labor Day Weekend Reading | 09.03.10

Caleb Newquist
September 3, 2010

~ Calling it a day people. We’ll be back Tuesday to help you cope with the post-holiday depression.

Why the SEC Won’t Flip the IFRS Switch [CFO]
We approve of prognostication in all its forms.

Bernanke Says He Failed to See Financial Flaws [NYT]
About as close to a “myo get from the Beard.

Montvale: Police Blotter, Sept. 2 [NorthJersey.com]
More car trouble associated with KPMG. This time it was a stolen Beamer. With an iPod inside!

Who is short selling Medifast stock? [Fraud Files Blog]
A show of hands, please.

H&R Block Surges as Chief Says Firm Can Handle Mortgage Refunds [Bloomberg]
“Concern about potential losses tied to buybacks of home loans ‘is not based on fact,’ and reserves to protect the company against claims ‘are adequate,’ Chief Executive Officer Alan Bennett said yesterday during a conference call about fiscal first-quarter earnings. The call included repeated queries about claims, which have totaled more than $680 million.

‘There’s nothing that we’re seeing anywhere that would lead to the kind of phone calls we just listened to other than speculators that, in my mind, have probably sold our stock short and then stirred this up,’ Bennett said in an interview after the call. Mortgage buyback claims ‘are getting better,’ he said.”

The Truth About SAS 70 [CFO]
They’re worthless. Well, not completely.

I.R.S. Looks at Finances of Planned Parenthood [NYT]
“The criminal division of the Internal Revenue Service is looking into the finances of Planned Parenthood Golden Gate, while the organization has brought in forensic accountants to evaluate its books.

The local nonprofit became Golden Gate Community Health on Friday, as the national Planned Parenthood organization stripped the Bay Area clinics of their affiliation, citing financial and administrative problems.”

Paul Hogan cleared to return to U.S. [CBC]
Mick is safe.

Peter Orszag Goes From the Obama White House to the New York Times [Daily Intel]
“Apparently, what that Times opinion section needs is another liberal-leaning economist to cheerlead for progressive economic policies from the White House — or one who provides another visible tie between the two institutions.”

Under the hood [NYP]
Tim Geithner gets the giggles and might have Tourette’s; Larry Summers called the shots on GM/Chrysler fiasco and NEWSFLASH: Rahm Emanuel says “fuck” a lot.

Dave & Buster’s, Inc. Appoints KPMG LLP as Independent Auditor [Business Wire]
D&B didn’t waste any time announcing their new auditors. As of now, there is no filing.

PCAOB

PCAOB to Congress: “Nonpublic nature of Board disciplinary proceedings has serious adverse consequences”

Caleb Newquist
September 3, 2010

Something for the members to chew on for the long weekend.

PCAOB Chairman Goelzer Letter to HFSC Regarding Transparency of PCAOB Disciplinary Proceedings

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