Going Concern

Fraud

Sue Sachdeva Pleads Guilty, Shopaholism Still a Possible Motive

Caleb Newquist
July 28, 2010

Well gang, the Sue Sachdeva circus has come to an unspectacular end. S-squared pleaded guilty yesterday to the $30-odd million embezzlement at headphone factory Koss. No trial, no media circus (the type we envisioned anyway) and no spectacular cross-examination that could have resulted in a great Law & Order Brewtown spinoff.

Nope. Just a guilty plea, some regret from Suz and the distinct possibility that something might not be right upstairs. Although the MJS reports, “when asked whether she had any mental health issues. [Her attorney, Michael] Hart answered for her, saying there were no issues of mental health that prevented her from understanding the government’s case or the plea agreement,” her statement alludes to some “issues” that led to the thieving:

Sachdeva Release

So while the Sachdeva portion of this program is more or less over (sentencing is October 22), we still have the Koss v. Grant Thornton blamestorming to look forward to. Which will be a for more nerdy exchange but could result in some fun finger-pointing, nonetheless.

Sachdeva pleads guilty, says she regrets fraud [Milwaukee Journal Sentinel]

Industry

Non-Profits Get Picked On (And Deserve Some of It)

Adrienne Gonzalez
July 28, 2010

When budgets are tight, it only makes sense that non-profits would become targets since they tend to get the most free rides. We’ve seen it with this 990 push (kind of like 404(b) for < $75 million and new health care rules that require companies to send in 1099s for every vendor purchase over $600, it feels a little like bureaucratic busywork to me) and now non-profit executive compensation is in New Jersey tie’s crosshairs.

A provision in his state’s recently passed budget limits executive salaries at nonprofits that do business with the state.

Firedoglake foamed at the mouth over recent comments by Tom Coburn after he shot down $425 million in fresh money for the Boys and Girls Clubs. FDL appeared absolutely incapable of comprehending caps on non-profit salaries when for-profit CEOs earn “500 times” more than their non-profit counterparts.

On Capitol Hill, four senators this spring refused to approve a $425 million package of federal grants for the Boys & Girls Clubs of America after staff members looked at the organization’s tax forms as part of a routine vetting process and were surprised to learn that the organization paid its chief executive almost $1 million in 2008 — $510,774 in salary and bonus and $477,817 in retirement and other benefits.

“A nearly $1 million salary and benefit package for a nonprofit executive is not only questionable on its face but also raises questions about how the organization manages its finances in other areas,” said Senator Tom Coburn, Republican of Oklahoma.

We covered S.2924 back in March when Chuck Grassley wrote a nasty note asking for – gasp – accounting details. While I totally support FDL’s outrage towards for-profit CEOs, I have to remind them that we already have the accounting details of for-profit corporations; so if Jamie Dimon gets $42 bazillion a year, we can just dig into his financial statements to figure out why. Chances are assets > liabilities so he can do that (unless he’s asking for a bailout but I don’t recall hearing him ask in 2008). With the Boys and Girls Club posting a $13 million loss in 2008, President Roxanne Spillett still earned $593,926. You don’t think that might warrant a little investigation?

FDL goes on to wonder out loud if all non-profits are created equal:

If Senator Coburn is going to stagger down that path, arms flapping wildly at the injustice of these non-profit salaries, then by his reckoning, the NRA’s Wayne LaPierre should forego his $1,139,568 annual salary (as of 2008), and Robert Mazzuca of the Boy Scouts of America needs to pay back that $1,577,600 he received in 2009. (Note: Yaron Brook, President and Executive Director of the Ayn Rand Institute, only pulls down $350K a year. Methinks someone’s not living up to his objectivist potential.)

I’m all for reform but only when applied equally across the board. The alternative is letting the market decide by being an informed donor (using tools like Charity Navigator to see how much particular non-profit execs are making and how they are using their money). If you don’t believe in a non-profit’s compensation practices, don’t give them a thing.

The government can continue to do so without caring or it can get smart about the money that it does not have and start taking a closer look at how non-profits operate. If you ask me, the entire thing is a gaping hole of waste and confusion and you could possibly confirm that with anyone familiar with non-profit accounting.

Accounting News Roundup: BP’s Tax Break Could Bring Congressional Belly Aching; Steinbrenner’s Will Postpones Decision Estate Taxes; KPMG Foundation Awards Minority Scholars | 07.28.10

Caleb Newquist
July 28, 2010

BP Seeks Tax Cut on Cleanup Costs [WSJ]
“In releasing second-quarter results Tuesday, the London-based oil giant said it was taking a pretax charge of $32 billion to cover damages, business claims an the next several years.

That total will be offset against its U.S. tax bill, resulting in a $10 billion reduction in taxes, the company said. The tax reduction will cut the company’s anticipated net spill-related losses to $22 billion, the company said.

BP paid $10.4 billion in taxes world-wide last year, according to its 2009 annual report.

Tax experts said that BP’s filing reflected standard accounting practices, even if the sums involved were unusually large.”

The Boss’ will power [NYP]
“The Boss’ will stipulates that an undisclosed portion of his estimated $1.1 billion sports, shipping and racehorse-breeding fortune will go into a trust for his widow, Joan, 74.

And it assigns Steinbrenner’s lawyer, Robert Banker, to decide whether that trust pays federal estate tax for this year, or not until after Joan Steinbrenner dies.

Although there currently is no federal estate tax for 2010, that could change if Congress acts to close the loophole and enacts such a tax retroactively, putting Steinbrenner’s estate on the hook for $500 million or more.

But under the law, Banker would have nine months from Steinbrenner’s July 13 death to decide if the estate should pay estimated estate tax for a 2010 filing — or at the rate in effect whenever Joan dies. Banker can take another six months before deciding to make that move permanent.”

LinkedIn Value Tops $2 Billion After Tiger Global Investment [Bloomberg]
“Tiger Global Management LLC, a hedge fund founded by Chase Coleman, paid $20 million for a stake in LinkedIn Corp., valuing the professional-networking website at more than $2 billion, said two people familiar with the matter.

The purchase, at $21.50 a share for about a 1 percent stake, was from existing shareholders and doesn’t represent new investment, said one of the people, who declined to be identified because the sale has not been disclosed. LinkedIn, based in Mountain View, California, is closely held.”

Sexy SAP? Surely not!! [AccMan]
SAP is known for helping HUGE companies manage all of its resources including CRM, accounting, HR, etc. etc. with enterprise solutions. There’s no chance that a huge company like this with a slew of mega corp clients could have something sleek and flexible for your small business, right? Dennis Howlett would beg to differ:

“SAP has a reputation of being big, heavy, slow and expensive. Fine for the Nestlé’s and Colgate-Palmolive’s of this world but hardly a fit for an SME business. That’s simply not true. ByDesign can be used by companies as small as 10 users. 20 users would be nice but 10 is OK. If you’re moving from say Line 50 then implementation and data transfer can be handled for less than £10K. You’re going to do a good amount of work yourself in learning how this thing works but SAP has provided plenty of guided learning material to help.”

Including a video that DH has up over at AccMan today. So simple, the editor of an accounting blog can understand it. No more excuses, people.

KPMG Foundation Awards $470,000 in Scholarships to 47 Minority Accounting Doctoral Scholars [PR Newswire]
“The KPMG Foundation [on Tuesday] announced it has awarded a total of $470,000 in scholarships to 47 minority accounting doctoral students for the 2010–2011 academic year. Of the 47 scholarships, the Foundation named 12 new recipients and renewed 35 existing awards. Each scholarship is valued at $10,000 and renewable annually for up to five years.”

IRS Demands $45 Million From Billionaire McCombs [Forbes]
Clear Channel founder and former Minnesota Vikings owner, “Red” McCombs finds himself in a similar pickle with the IRS as Phil Anschutz.

Quote of the Day

Tony Hayward Goes Out on a High Note

Caleb Newquist
July 28, 2010

“We have followed the IRS regulations as they’re currently written.”

~ The outgoing BP CEO, explaining the $9.9 billion tax credit the company took in the second quarter.

Someone in IRS Des Moines Office Didn’t Get the “File the Form 990” Memo

Caleb Newquist
July 28, 2010

Our contributor Joe Kristan has spent most of July on vacation in an undisclosed location but he returned this week and didn’t waste any time pointing out some irony courtesy of the IRS.

What you see above is a clip from the list of tax-exempt entities in Iowa who have not filed their Form 990 and need to take action by the new drop dead date of October 15th.

Welcome back, Joe.

The TIGTA Would Prefer It if the IRS Could Use a Nicer Term Than “Tax Protester”

Caleb Newquist
July 28, 2010

Back in 1998 when some of you were just starting your careers, some of you were discovering alcohol and some of you still hadn’t hit puberty, Congress enacted the Internal Revenue Service Restructuring and Reform Act of 1998 (RRA 98). In Section 3707 of this piece of legislative ingenuity, the IRS is prohibited from using the term “illegal tax protesters or any similar designations.”

Why no name calling? The TIGTA claims it “may stigmatize taxpayers and may cause employee bias in future contacts with these taxpayers.” Plus, it really hurst people’s feelings.

This latest edition of government-mandated IRS bashing especially seems like a stretch since this “problem” of calling a spade a spade isn’t that widespread:

We found that, out of approximately 80.6 million records and cases, there were 196 instances in which employees had labeled taxpayers as “Tax Protester,” “Constitutionally Challenged,” or other similar designations in case narratives on the following computer systems during the period of October 2008 through September 2009[.]

For starters, “Constitutionally Challenged” sounds like something you might apply to a Tea Party member. Secondly, you can do the math on the 196 instances out of 80-odd million but the concern on the part of the Inspector General might be overblown.

Luckily for us citizens, we can throw around any term we want with reckless abandon and there’s no repercussions. That being said, the TIGTA didn’t make any recommendations to the IRS on how to curb the usage of axtay rotestorpay and the IRS didn’t buy the Inspector’s story that the 196 instances were, in fact, violations. So, if you’ve come to the conclusion that this TIGTA report was the biggest waste of time and tax dollars in the history of the Treasury Department, you probably wouldn’t be far off.

CFOs

Key Steps for CFOs Starting at a New Company

GoingConcern
July 27, 2010

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

Last year, 13 percent of chief financial officers changed jobs. Although this was down from 18 percent the prior year, Deloitte’s CFO Programs predicts CFO turnover will rise again this year.

The ramifications of turnover are huge. Tom Bonney, founder and managing director of CMF Associates, which offers temporary CEO, COO and controllership services, estimates that when a CFO leaves, efficiency in the finance department is automatically cut in half and exposure to risk i CFO joins the company, the ramp up period is longer than other key executive roles, due to the CFO’s broad array of responsibilities.

A recent report from Deloitte CFO Services highlights practices that successful CFOs have used to get off on the right start in their new positions based in large part on interviews with more than 20 CFOs from varied companies with nearly $170 billion in combined revenues, most with more than $2 billion in revenues.

Step one: Get to know the business. Learn what works and needs to be changed. Use your team as a resource in the process. The ability to be a good listener, as well as a clear communicator is crucial as CFOs establish relationships and plan for the long term. Listening to your team will not only help you plan your business goals, but reveal your company’s culture, and establish you as a trusted leader.

Step two: Create a 180-day agenda. Most CFOs surveyed by Deloitte felt they had six months to establish their roles. This includes creating an agenda with their CEOs and peer executives, as well as recruiting and renewing talent to build an ideal team. Then clearly communicate your agenda to your team and begin establishing a long term vision.

Step three: Make an impact on the business. If the first 180 days are about getting to know the company, choosing what to do and getting the right team in place, the next 12 months are about execution and ratcheting up the contribution of finance to the business. Making this difference requires deploying resources and capabilities effectively to achieve key initiatives. To do this, align talent with top priorities, delegate with confidence, adopt effective practices, and encourage transparency and accountability throughout your team.

Be mindful about how you allocate your time. Focus on where you can get results, sooner rather than later. “You need to get quick wins,” says Ajit Kambil, Deloitte’s global research director.

You also need to gain a quick understanding of the trends and metrics of your company, especially as it relates to the industry you are serving. “This knowledge, along with the ability to communicate with the management team, will foster success for the executive and assist in reaching corporate goals,” says Thomas Galvan, CFO of Rising Medical Solutions, a medical-financial solutions firm.

Think strategically. If you move up from controller to CFO, instead of worrying about GAAP and FASB, you may be asked to participate in strategic decisions. “The critical relationships are now not so much between the income statement and balance sheet, but between the CFO and a CEO – as well as the board of directors,” explains Todd Ordal, president of consulting firm Applied Strategy. “The political skills required can be significant.”

Culture also counts. For example, in a small organization, it can be critical for a CFO to be hands-on, but in a larger organization, it can be critical for the CFO to delegate. Do your homework and don’t assume anything.

Ultimately, the Deloitte study found the critical issues fell into three buckets: time, talent and relationships. Says Kambil: “If you don’t get them right, you diminish the opportunity to succeed.”

News

Dennis Kozlowski Would Like to Know Why More People Aren’t Outraged About These Epic Tyco Parties

Caleb Newquist
July 27, 2010

A couple of weeks ago we told you about fired Tyco accountant Jeff Weist who wasn’t really into, among other things, mermaid greeters and costumed wenches. Whether or not he’s not a fan of starfish bikinis wasn’t the issue, it was the principle of the matter.

You see, some Tyco executives got into a bit of trouble back in the day for some accounting fraud but the kicker was the footage of a four-day “Roman orgy” rager in Sardinia. The jury didn’t have much problem throwing the book at former CEO Dennis Kozlowski and former CFO Mark Swartz after concluding that awesome party = crooked execs. Weist figured the company didn’t really need more trouble so he raised a fuss over the expenses for another epic bash that was being planned for execs in the Bahamas.

FOX Business Network’s Neil Cavuto got wind of this and had Weist on his program only to do most of the talking. When Weist was able to squeeze a word in, he didn’t exactly come across as a fun-loving guy but more like your typical accountant that would probably frown on these types of shenanigans. Nevertheless, Weist was given the boot and that has caused a bit of stir – specifically, Weist filing suit against Tyco.

Anyway, a guy that knows a little something about awesome parties – Dennis Kozlowski – caught Cavuto’s little program and felt obligated to write a letter (a copy follows in the following pages) expressing his disappointment.

Koz writes, “As I write this letter in my 6′ x 9′ cell jail cell, all I can muster in response to your show is ‘My, how things have changed.’ “

Right! Like, how on Earth can you justify stingray feedings? COME ON. You want sexy men and women running around in togas, that’s understandable. You just raid your linen closet and you’re good to go. But can you believe someone would throw a corporate bash in the Western Hemisphere? Shameful.

He goes on to hem and haw that if it wasn’t for some idiot deciding to tape his little bash in Sardinia, which was later shown to 12 Manhattan jurors, he wouldn’t even be in this predicament. Further, DK would like to know where the outrage is re: the mermaids, wenches, tattoo artists, bonuses and so forth, “With the Tyco extravaganza where employees were paid ‘bonuses’ to attend, you have to ask where is the outrage?”

Well? Outrage? Anyone? The man is in a prison upstate and he can’t hear you!

Job of the Day

Job of the Day: Macquarie Needs a Tax Manager

GoingConcern
July 27, 2010

Macquarie is looking for an experienced tax professional to fill a tax manager position in its Detroit office.

Responsibilities include managing compliance filings for sales/use taxes, personal property tax and business occupation taxes.

Qualifications include 5 to 7 years experience with management experience desired. Experience with Oracle is a plus.

Company: Macquarie

Title: Tax Manager

Location: Detroit, MI

Description: Managing indirect tax compliance filings: Sales/Use Tax, Personal Property Tax, Business & Occupation and Gross Receipts; Preparation and analysis of Tax Account Reconciliations; Leading and developing the tax compliance team; Initiating and implementing compliance process improvements.

Responsibilities: Supervise direct reports; Review sales/use tax returns for three Legal Entities; Monitor internal controls and procedures; Calculate tax on new leases; Maintain exemption/resale certificates; Review property tax returns for leased assets; Prepare fixed asset returns for various locations; Supervise administration of property tax rebills; Research and set up online filings; Correspond timely with taxing authorities as necessary; Oversee maintenance of Business Licenses & various Tax Calendars; Conduct and/or provide support for multi-state/local audits; Provide training and support to staff; G/L account reconciliation analysis – U.S. & Canada; Participate in special projects and due diligence assigned by VP-Tax; Respond to all Dept. questions regarding Tax Compliance

Qualifications/Skills: Bachelors degree in Accounting/Finance or related field; 5 – 7 years of Personal Property and/or Sales/Use tax Experience; Tax Management/Supervisory experience highly recommended; Consistently meets deadlines and objectives; Leasing experience; Strong analytical skills; Must have strong attention to detail & accuracy; Exceptional people skills; Working knowledge of tax software (Vertex; PTMS); Ability to prioritize workload to meet deadlines; Excellent communication skills (written, verbal and listening); Proficient in PC Excel, Access, & Word; Experience with Oracle a plus.

See the entire description over at the GC Career Center and visit the main page for all your job search needs.

John Kerry May Be Having Buyer’s Remorse re: $7 Million Yacht

Caleb Newquist
July 27, 2010

Because people keep asking about it.

If pesky Boston reporters weren’t enough, the Wall St. Journal’s report is taking this to new hyperbolic levels with the headline: “John Kerry – A One-Man ‘Benedict Arnold’ Corporation”:

[T]here’s a smell of hypocrisy. In addition to sailing around the tax issue, Mr. Kerry chose to build his boat in New Zealand at a time when Bay State boat builders are having trouble keeping their work force employed. “I’m confident that anything constructed in New Zealand could be constructed here in the state,” Gregory Egan, who owns the Crosby Yacht Yard in Osterville, told the Boston Herald. Others noted that the Isabel was specially designed to be piloted without a crew — letting Mr. Kerry scrimp on employment costs and payroll taxes.

Jesus. A rich senator, married to a ketchup heiress, buys an expensive boat, does some not-so-fancy tax avoidance and all of a sudden he’s equated to, arguably, the most notorious traitor in the history of the United States? Yeah, that’s pretty much the same thing.

John Kerry – A One-Man ‘Benedict Arnold’ Corporation [WSJ]
Sen. Kerry Sails Around the Tax Issue [TaxProf Blog]

Earlier: John Kerry Saves $500k in Taxes By Dropping Anchor in Rhode Island

UPDATE: JK’s spokeswoman has said he will pay the tax if Mass. determines that he owes it.

Small Business

Local Man’s Brief Big 4 Experience, Stick-Shift Driving Abilities, Lead to Niche Accounting Firm

Caleb Newquist
July 27, 2010

John Finn worked at KPMG in the early to mid-90s. He got into the field because he loved accounting. John discovered what many Big 4 types discover which is the job “involved more travel and schmoozing than it did accounting.” Since he wasn’t feeling it, he jumped ship in ’95, moved to New York and decided to get into showbiz. He landed his first gig doing the books for a film called Sleeping Together and since he could drive a standard transmission, he got to buzz around in the equiptment truck.

It turns out, that John’s marginal experience (three years) in Big 4 turned out to be way – WAY – more than most “accountants” in the movie business:

While he began his solo career with only three years of accounting experience under his belt — none of it in film accounting — inexperience turned out not to be an issue in the industry. “What I found out was that most of my peers were not trained as accountants,” he says. “They were failed screenwriters who really wanted to be in the business. I had a leg up on them because accounting was second nature to me. If you polled the accountants in the business, I would say that nearly half don’t have accounting degrees.”

Word must have gotten around about a real-life accountant doing the books for movie projects and in 1998, he founded JFA, Inc. to handle the expanding empire. That empire also includes IndiePay, a payroll software company that he founded to deal with the ‘archaic’ bookkeeping that was rampant in the industry.

On top of all this, John is in a band, Pispoure’, and wrote a song about how much he loves accounting. The song plays on a loop over at JFA’s website and before you assume that this another accountant failing miserably to exhibit any musical ability, it should be noted that he’s actually a decent songwriter. Anyone that comes up the lyric, “In order to get laid, you must impress our filing clerk,” is a natural talent in our book.

Leaving Big Accounting Firm for Hollywood [The Street.com]

A 5 Step Plan to Passing the CPA Exam for Total Idiots

Adrienne Gonzalez
July 27, 2010

Disclaimer: I was going to use “for Dummies” in that headline but John Wiley & Sons owns that term. Since they’re also Going Concern advertisers, I figured it would be best not to tick them off. So don’t take my headline personally, call it creative license.

So, you want to pass the CPA exam eh? Here is your 5 step plan to get it done. Pay attention, kids, we’re only goince.

1. Apply early As soon as you are eligible to sit for the CPA exam (or even before if you are trying to bypass some state boards’ long application processing times), get your application, fees and fingerprint cards in. Assuming your accounting program did not prepare you for the exam, check with NASBA’s Accounting Licensing Library or your state board to find out everything you need to know about requirements to sit in your state. Remember the CPA exam is uniform meaning you can sit for any state’s exam in any other state as long as you meet their requirements so if you don’t qualify at home, check out other states to see if you can sit there. Point being, you don’t want to have to juggle the exam, work AND a family so get this thing out of the way before you get engaged, promoted and/or knocked up. Trust us on that one.

2. Study OK, I shouldn’t even have to list this as a step but, uh, I’ve had the fortune of working with some of you for years so I feel it necessary to point out that unless you are some freak with a photographic memory, you are going to have to do some studying to pass. The entire exam can take anywhere between 200 and 1000 hours to study for (based on your familiarity with exam topics going into it) so be prepared to put in plenty of hours with your nose buried in your review books. We’re not suggesting you should develop a sick fascination for Peter Olinto but get comfortable with your CPA review instructor(s), you’re going to get awfully cozy for the next couple months.

3. Make some temporary sacrifices Sure there are the odd cases of CPA exam candidates who managed to pass with just a few hours of studying but for most of you, you’re going to have to accept that your life must change to accommodate the CPA exam process. If this means cutting off your needy girlfriend for a few months, grow a pair and tell her to stop bugging you when you’re focused on the exam. Your friends will be there when you’re done and if they aren’t, maybe you should stick to hanging out with other accountants (oh come on, it’s not so bad). Keep in mind the CPA exam torture is temporary and once you pass, you can drink all you want. In fact, you’re probably going to want to once you start nailing those promotions and putting in 80 hour workweeks. Deal.

4. Learn to plan but learn to accept that sometimes things do not go according to plan Shit happens. If you’re studying for the CPA exam, lots of shit happens. Some things are out of your control (busy season, for one) but plenty of things are completely under your control so worry about those and try not to get too upset about the rest. Learn to create a study plan that includes sufficient study time without sacrificing your own sanity (3 hours a day is plenty). Plan your exams well in advance and schedule in some kind of final review 2 – 3 weeks before exam day to be sure you are ready.

5. If you fall off the horse, get back up and kick the horse in the shins A 74 could be the most devastating CPA exam result of all but the reality is that this exam isn’t a cakewalk and you aren’t a failure just because you’ve failed. You’re only a failure if you allow it to keep you from pursuing your goal of CPA licensure. Get up, dust yourself off, learn from your mistakes (your score report is a huge clue into where you need more work) and schedule a retake as soon as possible. It’s entirely reasonable to feel defeated but no reason to pout so knock it off and suck it up. There’s a reason only 40%+/- of candidates pass on the first attempt, this thing isn’t easy on purpose. If it were easy, any idiot with half a brain would be a CPA.

But you aren’t just any idiot, are you? Go get ’em, killer!

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