“I think it’s obviously obvious.”
~ Forensic accountant Mark Berenblut, responding in the affirmative that R. Allen Stanford knew he was “misrepresent[ing] the liquidity and soundness of the CDs.”
“I think it’s obviously obvious.”
~ Forensic accountant Mark Berenblut, responding in the affirmative that R. Allen Stanford knew he was “misrepresent[ing] the liquidity and soundness of the CDs.”
But that’s exactly what they got! The pro-Israel nonprofit Z Street filed suit against IRS Commish Doug Shulman because Z Street and other “pro-Israel groups whose policies conflict with that of the [Obama] administration,” are getting the stinkeye from the IRS.
From Zulu Avenue’s complaint:
The case is brought because, through its corporate counsel, Z STREET was informed explicitly by an IRS Agent on July 19, 2010, that approval of Z STREET’s application for tax-exempt status has been at least delayed, and may be denied because of a special IRS policy in place regarding organizations in any way connected with Israel, and further that the applications of many such Israel-related organizations have been assigned to “a special unit in the D.C. office to determine whether the organization’s activities contradict the Administration’s public policies.” These statements by an IRS official that the IRS maintains special policies (hereinafter the “Israel Special Policy”) governing applications for tax-exempt status by organizations which deal with Israel, and which requires particularly intense scrutiny of such applications and an enhanced risk of denial if made by organizations which espouse or support positions inconsistent with the Obama administration’s Israel policies, constitute an explicit admission of the crudest form of viewpoint discrimination, and one which is both totally un-American and flatly unconstitutional under the First Amendment.
Pro-Israel group claims IRS persecution [Politico]
And this has nothing to do with Lehman Brothers.
Attorneys from Houston’s Ahmad, Zavitsanos & Anaipakos are representing a group of investors in a lawsuit filed against hedge fund auditors Ernst & Young after the group lost more than $17 million following the collapse of a Plano, Texas-based hedge fund that promised low-risk investments.
The lawsuit focuses on two funds sold by Plano’s Parkcentral Global and was filed on behalf of Houston financial consultant Gus H. Comiskey and four Tucson, Ariz.-based entities, including the Thomas R. Brown Family Private Foundation. The now-defunct Parkcentral Global was operated by affiliates of billionaire and former presidential candidate H. Ross Perot before closing its doors after losing a total of more than $2.6 billion.
“Our clients were told that an investment in Parkcentral was designed to preserve capital. Instead, they lost every penny in record time. E&Y was supposed to be auditing Parkcentral, but the audited financial statements never once warned Parkcentral’s investors of their impending doom,” says attorney Demetrios Anaipakos, who will try the case with Amir H. Alavi.
Did you hear that E&Y? RECORD TIME! But why the Ross Perot mention, Ahmad, Zavitsanos & Anaipakos? Got something against eccentric Texas billionaires that like explaining complex things with charts? Sadly, the BPR does not elaborate.
The lawsuit includes claims that New York-based Ernst & Young falsely represented that the company fairly audited Parkcentral Global and the auditor failed in its “watchdog” [Ed. note: These quotation marks appear to be unnecessary. Also, the “watchdog” thing, sucks as metaphor.] role to warn relying investors of the risk of fraud and noncompliance by management. The suit accuses Ernst & Young of fraud, negligent misrepresentation, securities fraud and conspiracy.
This month, Brown Investment Management, L.P., one of the plaintiffs in this suit against Ernst & Young, won a Delaware Supreme Court ruling that requires Parkcentral Global to disclose its former investors. Those investors could be added to the new Houston lawsuit.
The investments of the Brown foundation, Brown Investment Management and the two other family-related ventures totaled $16 million and were lost within 90 days despite a “worst case loss” estimate of 5 percent. Mr. Comiskey, like his fellow investors, lost 100 percent of his investment when Parkcentral Global went under.
Mr. Anaipakos and Mr. Alavi have handled disputes against hedge funds and private equity firms for more than a decade. This lawsuit is separate from a class action filed in the U.S. District Court for the Northern District of Texas against Parkcentral Global.
This story is republished from CFOZone, where you’ll find news, analysis and professional networking tools for finance executives.
It was revealed this week that Facebook is valued by its private shareholders at over $33 billion, more than Ebay, Yahoo and Dell. For a private company with little more than a year of revenue this is extraordinary.
When the company goes public it will have a hard job living up to this valuation without a significant increase in revenue streams.
One option may be for it to do a transformational transaction prior to its listing. In this way it could incorporate a pumped up revenue stream into its high IPO valuation. One such deal could be for it to buy ING Direct US, the largest online bank in the country.
Under the terms of the Dutch government bail out, ING has to sell ING Direct in the US and Canada by 2012. They will have no shortage of bidders from the financial world, but could it make sense for a non-bank to actually buy the company? And if so, what about Facebook?
Half a billion people now live their online lives through Facebook. It has huge brand value and customer loyalty. For it to generate revenue streams it needs to do more than just offer up ads and sell games.
To get from being a social network site to a commercial network site it needs to drive business, and one of the biggest impediments to online retail business is payments. By owning a bank-and thus a payment platform–Facebook could make it very easy to transact online.
Clearly there would be lots of legal hurdles for such a deal to happen, not least because regulators do not like non-banks owning banks. More specifically, Facebook has had difficulties in the past respecting people’s privacy.
But by allying the huge number of people on the site with an easy to use payments and banking business, Facebook could revolutionize its business and the way that 500 million conduct personal commercial activities on the web.
It could also learn from the clever people at ING Direct about how to protect customer data. It may be a long shot, but the two companies could complement each other very well.
Well. Any auditor for that matter.
Based on personal experience it’s plausible that the script came from actual conversations.
Earlier in the summer, we told you about Marin County California, who was pretty displeased with Deloitte throwing a bunch of ‘neophytes’ at their ERP implementation project or in the County’s words ‘a trial-and-error training ground.’
As a result of Deloitte’s amateur hour, the SAP system – that Deloitte claims was just fine and dandy where they left it – is now being thrown to the scrap heap by the county because fixing it will cost more than replacing the whole system. And God knows Arnie won’t be helping them out with the bill, so they have to save on costs where they can.
The system is the subject of a lawsuit Marin County filed against system integrator Deloitte Consulting earlier this year. Deloitte used the project as “a trial-and-error training ground” for inexperienced employees, and the result was a “costly computer system far worse than the legacy systems it was intended to replace,” according to the county’s complaint.
Deloitte has filed motions against Marin County’s “completely unfounded allegations,” as well as a complaint seeking unpaid fees, a spokesman said via e-mail. The system “was working properly and could perform all the tasks consistently with the standards set forth in the written contract,” according to a Deloitte court filing.
Marin County tells a different story. The SAP implementation dates to 2006, but today only 50 percent of the functionality is in place and working properly, according to a county report.
The county hasn’t decided on who they’re going with for the new system but if you’ve got a one-person shop with no experience and present your RFP using overhead transparencies, you’ll still have an edge on Deloitte.
Today we hear from a Big 4 dreamer and their frustration with the firms’ penchant for “brand name schools,” and what, if anything, you can do about it.
Have a question about your career? An inter-office love triangle? How to interpret the partner’s passive-aggressiveness attitude? Email us your query to advice@goingconcern.com and we’ll level with you.
Back to our reader:
I can’t tell you how frustrating it is to go onto the Deloitte Job Board and see positions with schools next to them, indicating the spot is only for a graduate of Notre Dame or some other brand name school. I turned down Notre Dame to go to a small liberal arts school in Chicago and now I have no idea how to get into the recruiting cycle for the Big 4 or regional public accounting firms. There were no accounting firms at the job fairs or on-campus interviews held at my school.
I graduated cum laude last December (a semester early and with my 150 credit hours). Desperate not to move back home, I took a private accounting job, but it didn’t work out and for personal reasons I moved up to Wisconsin. Now I am studying for the CPA and searching for a job. My question: how can I get in on this recruiting season? Is there even a way?
Unfortunately, this is just the way it is for public accounting firms. Unless an influential partner has a personal connection to a small school (Alma Mater, children are students there, etc), they are typically overlooked. The factory-like recruiting machines that are public accounting firms look for the same attribute in their target schools; where can they get the most bang (candidates) for their buck. If you think about it, it makes sense:
• Recruit at Notre Dame – meet 100 qualified accounting students
• Recruit at small liberal arts school – meet 15 qualified accounting students
Of the 1-2 students a firm would hire out of the small school, those numbers can be made up at the larger universities. This saves on expenses (travel, lodging, premiums, etc). Dollars and sense.
All that said, the issue is not that you’re from a small school, it’s that you’re now graduated and part of the workforce. Being a recent gradutate is more difficult; you’re not part of the campus recruiting scope and you’re too green to fit the typical experienced hire mold.
The best thing you can do is reach out to the firms directly. Use your network to find out who the HR contact is in the city where you live or want to live and call or email them. The most crucial thing with recruiters is getting them to know your name and face.
You’re cum laude so they’ll like that and if you are legitimately interested in the firm, they will take an interest in you. It will take some footwork on your part but it can be done.
On Sunday, The Emmys will be handed out to several cast and crew of Mad Men and a few other people. In order to give these proceedings some legitimacy, Ernst & Young partner Andy Sale (and possibly a few others) counts these votes and certify the results.
The L.A. Times published a Q&A with Sale today since the big day is nearly here and we took the liberty of bringing you the highlights.
For starters, Andy understands that the MSM could really get two shits about accountants except when there are audit failures or celebrities involved:
How cool is it to walk on the red carpet?
It’s one of those things where for at least one day a year, being an accountant is something the press wants to shine a light on.
He also doesn’t appreciate the LAT’s presumption that being an accountant is boring:
Is it the one day of the year it’s fun to be an accountant?
I think it’s fun to be an accountant every day.
Cool fact: if one of the presenters is Mel Gibson-drunk and just blurts out a name that is completely wrong, Andy must sprint on stage give the presenter a roundhouse uppercut and state unequivocally who correct winner is. Fortunately, that has happened…yet:
Has anyone ever screwed up reading a winner?
Part of our role is to ensure the appropriate name is read onstage. If a name was omitted or read inappropriately, we would be duty-bound to go onstage and correct it. It’s never happened. We hope to continue that streak.
The security around these events has to be tight and Sale and the team have to keep things creative when hiding the results. That means the results could be anywhere – a vault, his underwear drawer, Jon Hamm’s pants:
Let’s talk security. After you’ve finished counting the votes, where do they go?
Where they are secured and how they are secured changes every year. It can be in a vault. It can be under a pillow. We have multiple sets of envelopes and those multiple sets of envelopes arrive at the Nokia Theatre by different means. For security reasons, I can’t divulge those specific means. They’re delivered by a means both conventional and unconventional, and that’s all I’ll say on that.
And as glamorous as this gig is, it still not getting Andy as much action as he would like:
Do you get groupies out of this?
I can’t say I’ve seen a lot in the way of groupies.
Andy Sale is counting on Emmy Awards [Los Angeles Times]
From the mailbag:
Thought you’d be interested in hearing that today RK had a few last minute “transitions” or as most know them “lay offs”, these happened in the FS practice in New Jersey about 6 weeks after the official “transition date” in which upper management stated that the “transitions” were over for the year and everyone was safe and could get back to work and not worry. Today we lost 1 supervisor, 1 pending manager and 1 manager all having started their careers home grown at the firm.
Performance reasons were quoted but no one seemed to have a clue it was coming and a pretty big bummer day. Rumor has it that it’s not yet over as some others were not in the office today, doesn’t help the extremely negative morale issue going on at this firm with doom and gloom expectations of raises coming post labor day.
Would love to see some more RK news hit the site from time to time if you get it, not really sure where the firm is heading, up or down and would be great to see what others think??? FS practice is getting demolished in NY and NJ appears to be getting more antsy with every move that management makes.
A voicemail and email to Rothstein Kass spokesman Robert Solomon were not immediately returned.
If you’ve got more info on cuts or other news at RK, get in touch.
~ Sorry about the downtime yesterday. Our best people are on it like ConEd.
Deloitte to be world’s biggest accountant as partners sweep up £590m [Telegraph]
“According to Mr Connolly, when Deloitte publishes its global results in October the firm is set to reveal it has overtaken PriceWaterhouseCoopers to become the biggest of the “Big Four” accountancy houses globally.
However, Mr Connolly, who is set to retire in 2011, predicted the current financial year could prove even more successful despite describing future growth in the wider economy as ‘low and slow.’ ‘We have alr in the first quarter of this year, so I expect we shall return to double-digit growth. The M&A market has started to get much busier and our tax business is growing well again. Changes in regulation also mean good business for us.’ “
Investors Gain New Clout [WSJ]
“In a decision years in the making, the SEC voted 3-2 in favor of the “proxy access” rule, which requires companies to include the names of all board nominees, even those not backed by the company, directly on the standard corporate ballots distributed before shareholder annual meetings. To win the right to nominate, an investor or group of investors must own at least 3% of a company’s stock and have held the shares for a minimum of three years.
Currently, shareholders who want to oust board members must foot the bill for mailing separate ballots, as well as wage a separate campaign to woo shareholder support. Both are too costly and time-consuming for most. Now, the targeted companies will essentially be footing the bill for the dissidents, including them in the official proxy materials. The new rule will be in place in time for the 2011 annual meeting season next spring.”
Celgene names new chief financial officer [Reuters]
Jacqualyn Fouse will replace David Gryska effective Sept. 27
Herz Resigns As FASB Chair [The Summa]
Professor David Albrecht’s take on Roberto Herz’s decision to step down.
3Par Accepts Dell’s Increased Takeover Offer [Bloomberg]
“Dell Inc. said 3Par Inc. has accepted its increased offer of $24.30 per share in cash, or about $1.6 billion, net of 3Par’s cash.”
Dodging the Ax: How to Avoid Layoffs [FINS]
“As professionals working in financial-services witness the ax drop around their companies, many are living in fear that they could be included in the next round of layoffs. However, there are measures you can take right away to help safeguard your position and make you seem indispensable to management.”
Stanford Used Skimmed $1.6 Billion For Loans To Start-Ups, Witness Says [Bloomberg]
“The $1.6 billion that indicted financier R. Allen Stanford is accused of skimming from the funds of his investors was actually loaned by his Antiguan bank to start-up entities and other businesses he controlled, a fraud examiner testified.
Forensic accountant Alan Westheimer testified before a U.S. judge in Houston today that Stanford Financial Group Cos. comptroller Mark Kuhrt and chief accountant Gilbert Lopez told him they believed the borrowing should have been publicly disclosed.
‘The funds were being passed through as inter-company loans to the entities that were the recipients of the shareholder loans,’ Westheimer said. ‘Within a short period, usually six months, Mr. Stanford would assume those loans and the recipient companies transferred those balances to their underlying capital.’ “
“He flies in the face of business sense, fashion manufacturing and retailing sense.”
~ Bryan Roberts, research director for retail analysts Planet Retail, couldn’t get through to Deloitte in time with this message.