Going Concern

Quote of the Day

But Spongetech Execs Aren’t Used to Handling Bar Soap…

Caleb Newquist
May 7, 2010

“Spongetech’s masterminds are going to prison. File that under ‘unfinished business.'”

~ Gary Weiss, on Spongetech executives who were arrested yesterday for securities fraud and obstruction of justice.

Deloitte
DWB

Deloitte Is Totally Cool with You Jumping Ship

Daniel Braddock
May 7, 2010

A GC reader from Deloitte emailed me the notes from a recent meeting for management on the health of its staff levels. Our source had the following to say:

I’m a senior in D&T (making manager in the fall) and thought the minutes from a recent manager meeting were interesting in terms of HR’s take on attrition. It does match what you’ve said in your column, i.e. they plan for a certain level of attrition, but I don’t think they even want to consider that there could be a cause for concern.

Management Community Feedback

Retention: Previous S. Manager / Manager Practice meeting unity is seeking additional clarity as to where the firm is heading, in the short term and long term (i.e., economics, compensation, etc.).

HR Audit Update: As of the time of the meeting, specific numbers are not known

DWB: Staff complaints, questions, and concerns, are summed up with the phrase “community is seeking additional clarity.” People want to know what the *#&! to expect in these still-somewhat-unclear times. Oh, and HR? They can run their “numbers” in minutes. Why they were not shared is a mystery; a concerning one at that.

Senior Turnover: Managers feel concerned with the leadership leaving at the senior level – potential for additional turnover in the fall

HR Audit Update: Turnover is comparative to 2 – 3 years ago so not considered a concern.

• Recent increase in the number of seniors that are voluntarily leaving the firm when compared to those trends seen in the last 12 – 18 months
• Region is looking at approximately 75 new hires
• Restrictions on inter-office transfers are being lifted

DWB: A lot to take away from this.

1) Managers are vocalizing the fact that people are leaving; this goes beyond the typical public accounting attitude of “good riddance.”

2) Turnover in 2007 was incredible. Do you remember what the market was doing in 2007?! It was a rip-roaring success. To compare it to that time frame and say it is “not considered a concern” is troubling. The difference between then and now is D&T was hiring like gang-busters themselves at that time so the attrition was not “felt” as severely as it’s being felt now. Layoffs and frozen hiring budgets make the recent staff losses more significant.

3) More people quitting now than during the recession? What research expert included that bullet point?

4) Inter-office transfers being reintroduced is a positive point; expect an announcement about this spun in the HR-style of “woo-hoo, now you can work in St. Louis!” And by St. Louis they mean Branson, Missouri.

What to do?

• Create a positive environment for the seniors and staff
• Leverage personal experiences to keep seniors/staff motivated
• Express advantages a “manager” position can add to one’s career path when looking at long-term goals.
• HR Advisory Update: National recruiting expects a good group in the Mid-West. Comparative attrition trends are taking place even though it may feel that the turnover rate is higher than normal.

DWB: Talking about the glory days of D&T audits doesn’t sound exciting, but sometimes it’s enough of a Kool-Aid effort to keep staff motivated. And look! Attrition rates are right where they want them to be. So all of you on under-staffed, over-worked projects? Yeah, this is the type of environment they plan for.

I’ll let our anonymous tipster finish off the commentary:

At least they might try to “create a positive environment” for me. I’d be really concerned if HR actually believes this or if they just don’t want to panic the managers. (Incidentally, I will be leaving after they give me the promotion.)

News

While the World Implodes, Let’s Bicker About Accounting Program Rankings

Caleb Newquist
May 7, 2010

Despite your 401k taking a deuce and the entire continent of Europe about to sink into the Atlantic, the Bloomberg Businessweek Business School undergraduate speciality rankings are out and the accounting rankings are, shall we say, interesting. Maybe no one is that worried about it but if sports play any part in your like/dislike of a particular school, then there should be a few words:

1 University of Notre Dame (Mendoza)
2 Brigham Young University (Marriott)
3 Emory University (Goizueta)
4 University of North Carolina – Chgler)
5 Wake Forest University
6 Lehigh University
7 Boston College (Carroll)
8 University of California – Berkeley (Haas)
9 University of San Diego
10 Southern Methodist University (Cox)

11 Babson College
12 University of Washington (Foster)
13 University of Richmond (Robins)
14 Villanova University
15 Case Western Reserve University (Weatherhead)
16 University of Texas – Austin (McCombs)
17 University of Virginia (McIntire)
18 Cornell University
19 College of William & Mary (Mason)
20 New York University (Stern)
21 University of Southern California (Marshall)
22 Tulane University (Freeman)
23 Fordham University
24 Georgia Institute of Technology
25 Loyola University – Chicago
26 University of Illinois – Urbana Champaign
27 Ohio University
27 University of Denver (Daniels)
29 University of Texas – Dallas
30 University of South Carolina (Moore)
31 University of Connecticut
32 Boston University
33 Santa Clara University
34 University of Maryland (Smith)
35 Indiana University (Kelley)
36 Syracuse University (Whitman)
37 Washington University – St. Louis (Olin)
38 Binghamton University
39 University of Pennsylvania (Wharton)
40 Texas Christian University (Neeley)
41 University of Miami
42 University of Missouri – Columbia (Trulaske)
43 University of Michigan (Ross)
44 North Carolina State University
45 University of Wisconsin – Madison
46 Texas A&M University (Mays)
47 The College of New Jersey
48 University of Minnesota (Carlson)
49 Miami University (Farmer)
50 University of Georgia (Terry)
51 Massachusetts Institute of Technology (Sloan)
52 University of Delaware (Lerner)
53 Ohio Northern University (Dicke)
54 Seattle University (Albers)
55 Northern Illinois University
56 Michigan State University (Broad)
57 Georgetown University (McDonough)
58 California Polytechnic State University (Orfalea)
59 Loyola College in Maryland (Sellinger)
60 University at Buffalo
61 Bentley University
62 DePaul University
63 University of Iowa (Tippie)
64 Drexel University (LeBow)
65 Northeastern University
66 Marquette University
67 St. Joseph’s University (Haub)
68 University of Pittsburgh
69 University of Utah (Eccles)
70 University of Oregon (Lundquist)
71 Seton Hall University (Stillman)
72 Bowling Green State University
73 Kansas State University
74 Colorado State University
75 Louisiana State University (Ourso)
76 Baylor University (Hankamer)
77 University of Oklahoma (Price)
78 University of Colorado – Boulder (Leeds)
79 University of Massachusetts – Amherst (Isenberg)
80 James Madison University
81 George Washington University
82 University of Tennessee – Chattanooga
83 University of Houston (Bauer)
84 Xavier University (Williams)
85 Florida State University
86 John Carroll University (Boler)
87 University of Hawaii (Shidler)
88 Arizona State University (Carey)
89 Florida International University
90 University of Louisville
91 Bryant University
92 Rensselaer Polytechnic Institute (Lally)
93 Purdue University (Krannert)
94 Illinois State University
95 University of Arizona (Eller)
96 Texas Tech University (Rawls)
97 Hofstra University (Zarb)
98 Ohio State University (Fisher)
99 Clemson University
100 University of Florida (Warrington)
101 University of Akron
102 University of Arkansas – Fayetteville (Walton)
103 Butler University
104 University of Nebraska – Lincoln
105 University of Illinois – Chicago
106 University of Central Florida
107 Virginia Polytechnic Institute and State University (Pamplin)
108 Carnegie Mellon University (Tepper)
109 Temple University (Fox)
110 Pennsylvania State University (Smeal)
111 Clarkson University

EY
News

Apparently Ernst & Young Doesn’t Buy the “C’s Get Degrees” Mantra

Caleb Newquist
May 6, 2010

We know that lots of you out there are perfectionists, so this could never happen to you but for you mere mortals, you can sympathize a little bit.

Courthouse News Service reports that a class action suit in California has been filed against E&Y claiming that the contracts signed by graduating seniors “compel” them to work for the firm but allow the company “to legally renege or cancel the offer of employment” if the senior does not maintain “continued strong academic standing.” Apparently this means if you slack off your senior year and slip a couple of C’s in there, you could be out on the street.

Yunjung Gribben, 43, is the named plaintiff in the suit and she is seeking damanges for wrongful termination, age discrimination, breach of employment, specific performance and violations of the Labor Code.

Ms. Gribben claims that she graduated from Cal State Fullerton with a 3.6 grade point average but, “After working for Ernst & Young for a month, Gribben says, she got a call from human resources, questioning her about the C’s she got in her senior year. She says she was fired the next days [sic].”

She claims that “continued strong academic standing” was not defined in her contract, although she admits that there is a “hazy reference” to the term on the firm’s website.

Dale Fiola is representing Ms. Gribben and he us, “No student should be under the impression that they have an employment agreement once they graduate. Most of the time when people sign offers of employment they think they’ve got something.”

The suit alleges that other students have cited the “continued strong academic standing” language and in Ms. Gribben case, “younger employees were allowed to stay at the company.”

Ernst & Young spokesman Charlie Perkins had no comment at the time our post was published.

Class Sues Ernst & Young Over Contract [Courthouse News Service]

It Was a Dark and Stormy Night…or: Cloud Computing and SaaS Briefly Explained

GoingConcern
May 6, 2010

Figuring out how to sum up Cloud Computing and Software as a service (SaaS) in the space of ~800 words would absolutely require the biggest, puffiest, most cumulus metaphor that ever precipitated understanding over the dry, barren plains of ignorance EVER! Something like….

king Business Applications By Storm, or
– Burning off the Fog Around Cloud Computing, or
– Cloud Computing goes from Light Showers to Torrential Downpour, or even
– Quit Jiiiivin’ Me Turkey, You Got to SaaS it! (a Turkey is a bad person)

Why?

Because this thing is growing like a Class 5 Hurricane sucking up warm air over the Gulf of Mexico in mid-September, and you’re in the eye of the storm baby!

Enough! I can’t… I just can’t brew up another hackneyed metaphor!

All joking aside, Cloud Computing and SaaS are now “required reading” if you’re even remotely involved with technology (i.e. you use a computer). I can help you understand this stuff better, but first some disclosure:

I work for a SaaS company. My paycheck depends upon acceptance of this technology.

If you can accept this embedded bias, I’ll try to suppress any overt advocacy while providing a synopsis of this space over the course of the next few weeks. Call it Saas 101.

So, what is it?

We’ll get into this in more detail soon because there’s more to it, but very simply:

Software as a Service – A software application that you access online without having to download anything to your computer.

Cloud Computing – Provides computing power and data storage on an “as needed” basis much the same way as a public utility provides electricity.

Why should you care?

At the very least, you should care because you are already using this stuff for personal web activities (e.g. Facebook – think privacy, Twitter, LinkedIn, Gmail, etc). And I’ll bet you dollars to donuts that the next software sourcing project your company undertakes will include Cloud and Saas representation.

This is a bet I’ll win because even the big, established players in the software world like IBM, Oracle, SAP, and Microsoft are running to try and get in front of this thing on the business side.

You want to know about this.

Where did it come from?

How did Software as a Service and Cloud Computing as we know it come about?

Well, what’s in a word?

Again, there’s more to it, but without rekindling the internecine nerd-fighting I think tracing the roots of this movement back to Marc Benioff, the founder, Chairman & CEO of Salesforce.com is not unreasonable for our purposes. He was arguably the most vocal advocate for looking at software delivery in a new way back before this stuff HAD a name. Salesforce.com launched as an unknown start-up back in 1999 and is now one of the leading CRM (Customer Relationship Management) products Cloud or otherwise and is traded on NYSE with a market cap of over $10 Billion.

Along with another early entrant, Netsuite, these guys let the genie out of the bottle. Interestingly, both companies have deep, deep roots back into Oracle Corp., Oracle, a company that, according to Oracle, “would change the face of business computing forever.” I don’t dispute the claim though. And I would take it one further saying, the apple doesn’t fall far from the tree.

The Rain Fell in Torrents…

The creation of Salesforce and Netsuite were both extremely capital intensive. In order to host their customers (i.e. users of the software), tens of millions of dollars were required to build the data center infrastructure. You’re not required to buy servers and hardware, so where do you think all your data is residing? In a cloud? We haven’t advanced that far.

But we have advanced.

Today companies building Cloud apps don’t tend to build their own data centers, at least not right off the hop. Another important innovation in Cloud comes from companies like Amazon. Apart from books, Amazon has a whole other line of business providing computer infrastructure on a rental basis. It’s like a power grid for computing.

This changes the business model for companies who build software in the same way these Cloud app companies are changing things for you.

Suddenly, your IT goes from being a Fixed Cost to a Variable Cost.

More next week.

Enjoy!

Geoff Devereux as been active in Vancouver’s technology start-up community for the past 5 years. He regularly attends and contributes to the growing entrepreneurial ecosystem in the city through the Vancouver Enterprise Forum, guest blogging on Techvibes.com, and as a mentor with ISS of BC. Prior to getting lured into tech start-ups, Geoff worked in various fields including a 5 year stint in a tax accounting firm. He is currently working in a marketing/social media role with Indicee, a Saas Business Intelligence company, bringing B.I. to mere mortals.

Career Center

Job of the Day: Morgan Stanley Needs a Real Estate Accounting Manager

GoingConcern
May 6, 2010

Morgan Stanley is looking for an experienced accountant to join their real estate group to be responsible for all aspects of accounting for the company’s real estate leases and associated fixed assets.

The position requires a minimum of three years experience with real estate accounting experience preferred and advanced Excel skills including pivot tables and lookup functions.

Company: Morgan Stanley

Title: Real Estate Accounting Associate/Manager

Location: New York, NY

Description: This position will be responsible for all aspects of accounting for Morgan Stanley real estate leases and associated fixed assets. This position will work closely with the space reporting, strategic analysis, lease administration, space planning and property management groups.

Responsibilities: Review of new leases to ensure financials are accurate in the Real Estate System; Calculate and record straight-line rent adjustments as well as prepare monthly reconciliation and analysis; Promptly respond to requests of internal & external auditors by providing lease documentation and supporting schedules; Month end close and expense accruals; Prepare balance sheet reconciliation of all rent & rent-related accounts; Accrue & monitor all costs associated with abandonment of space & assess adequacy of vacant space reserves on a quarterly basis; Review all Corporate Services fixed assets to ensure they are accounted for in accordance with Fixed Asset policy and are assigned to the right locations; Monthly analysis of space & occupancy variances and drivers; Compute and record Interest on Fixed Asset allocations; Assist with all aspects of accounting for the Morgan Stanley Smith Barney joint venture; Support the Global Reporting Space Initiative; Ad hoc reports.

Qualifications/Skills: Strong Accounting skills with detailed working knowledge of the General Ledger; 3-5 years of accounting experience; Must have advanced Excel skills, including use of Pivot Tables and Lookup functions; Detail oriented with strong analytical and interpersonal skills; Proven track record of good organizational skills, sound time management, and ability to prioritize and multitask; Team oriented; Systems experience: Omega, REM, BOXI; Communication and presentation skills; Bachelors in Accounting; Background in Real Estate Accounting; PC Skills: MS Excel, Access, Word, PowerPoint, Mainframe General Ledger.

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

Small Business

Don’t Get That Excited About the Growth in SBA Loans

GoingConcern
May 6, 2010

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

It’s time to dial down all the fuss about SBA loans.

First, there are the reports about increases in SBA loan dollar volume, thanks to the stimulus bill. For example, according to the SBA, over a period of about a year, average weekly loan dollar volumes increased more than 90 percent in the two most popular programs, 7(a) and 504, from the average before the passage of the stimulus bill. 7(a) loans can be used for such purposes as working capital and the purchase of equipment, while 504 provides long-term, fixed-rate financing for buying real estate and other fixed assets used for expansion or modernization.

But, a recent analysis by Scott Shane, professor of entrepreneurial studies at Case Western Reserve, shows this conclusion should be taken with a big pitcher of salt. According to Shane, the level of growth is only impressive when compared to the previous year’s poor results. That is, in 2009, the volume was about $180,000,000. So, the approximately $300,000,000 for the first 27 weeks of the 2010 fiscal year represents a big jump. But compared to, say, 2006 and 2007, it’s about the same.

Then, there’s the more important matter of just how many small businesses get SBA loans in the first place. The answer is: Not many. Take the 7(a) program, which comprises 90 percent of SBA loans. According to Shane, last year, less than one percent of small businesses with employees received one of these babies. If you look at non-employer businesses, which comprise the majority of all small companies, their share was between one tenth and one twentieth of one percent–about 50,000 small businesses out of 29.6 million.

Of course, 2009 was a lousy year. But, the data still suggests that all the attention being given to the SBA-loan program may not be warranted. That, in turn, has some pretty serious implications for government policy. Those businesses that got SBA loans undoubtedly were helped, possibly increasing their sales and, perhaps, their hiring. But, to reach more companies, the programs just aren’t enough. Another approach is needed to help the vast majority of businesses that don’t use these loans at all.

Friendly Reminder: Going Concern May 2010 Survey

GoingConcern
May 6, 2010

Sorry to interrupt your regularly scheduled dose of accounting and tax-related news, views and inflammatory nonsense again but TPTB wanted us to remind you to take two, fill out our little survey and give us some feedback on how we’re doing.

We’ve been assured that it’s painless and you have a chance to win a $100 AMEX Gift Card so what do you have to lose? Click on the link below to access the survey, answer a few questions and you’ll be back to your spreadsheets in no time.

Going Concern May 2010 Survey

Thanks for your participation!

Closely-Held Corporations May Want to Take a Bullet Over the Pending Dividend Tax Hike

Joe Kristan
May 6, 2010

As a role model, Andrew Jackson has serious shortcomings, not least his penchant for genocide. But some of his policies are back in vogue, like the casual destruction of the national banking system. Taxpayers may be choosing to be like Andy in another way before the end of t had the bad fortune to get crossways with Charles Dickinson, one of the best pistol shots in Tennessee, when dueling was still fashionable. He met his antagonist across the state line in Kentucky, where duels were legal. Jackson was serious about this one, so he decided to take all the time he needed to do Dickinson in. Given Dickinson’s marksmanship, that meant accepting a bullet. Sure enough, Dickinson’s shot hit home:

The bullet struck him in the chest, where it shattered two ribs and settled in to stay, festering, for the next 39 years. Slowly he lifted his left arm and placed it across his coat front, teeth clenched. “Great God! Have I missed him?” cried Dickinson. Dismayed, he stepped back a pace and was ordered to return to stand on his mark.

Blood ran into our hero’s shoes. He raised his pistol and took aim. The hammer stuck at half cock. Coolly he drew it back, aimed again, and fired. Dickinson fell, the bullet having passed clear through him, and died shortly afterward.

Taxpayers owning C corporation stock might also want to take a bullet, figuratively speaking, this year. That’s because the tax rate on dividends will either leap or soar in 2011.

The increase in the dividend rate is a consequence of the scheduled expiration of the 2001 Bush tax cuts after this year. Prior to the Bush administration, dividends were taxed as ordinary income. As dividends are distributions of corporate income already taxed at a corporate rate as high as 35%, that meant a combined rate of 57.75%. The Bush tax cuts tied the dividend rate to the capital gain rate, now 15%.

When the Bush tax cuts expire, the capital gain rate is set to return to 20%. But without Congressional action, dividends will again be taxed as ordinary income. Given the size of the deficit, the poisonous election-year political atmosphere, and that the President promised to hold the dividend rate to 20%, it’s likely that dividends will be taxed as ordinary income in 2011. That would means a 164% increase the top dividend rate.

But wait, there’s more! Starting in 2013, Obamacare will tack another 3.8% to the top rate on investment income, resulting in a top dividend rate of of 43.4%, making the total tax increase over 189%.

This makes it tempting to take the bullet – a big 2010 dividend out of a closely-held C corporation. It will be especially attractive for shareholders who lack the ability to suck out corporate cash using the usual tricks of shareholder bonuses or rent payments.

Yes, it means taking a bullet. Taking dividends out of closely-held corporations breaks the rules of the C corporation tax planning crib book. Taxpayers go to elaborate lengths to avoid taking income before they have to. But a 189% tax increase might be enough to make some taxpayers take the bullet, like Andy, for the greater good.

ANR
News

Accounting News Roundup: Will an International Audit Regulator Become a Reality?; GMAC Shopping for a CFO Candidate; FASB Sued for Antitrust Violations | 05.06.10

Caleb Newquist
May 6, 2010

Audit chief welcomes debate on international regulator [Accountancy Age]
The idea of an international audit regulator is being kicked around in the EU with about as much seriousness as returning to the moon. That is, it’s absolutely something to be discussed but at this point nobody’s firing up the boosters just yet. IFRS has been proved to be, putting it lightly, a challenge but ever since the Lehman Brothers/E&Y fiasco, reform of the auditing business doesn’t seem far behind.

And while the idea is being entertained, the hurdles to an international regulator sound a little familiar:

Ian Powell, senior partner at PwC UK, said the establishment of an international regulator is “worthy of debate” but believes global consensus among nations may prove difficult.

“Most countries think their regulation is good and it is their system which should be applied – that is going to make it difficult to convince them to give up their system,” he said.

“If you talk to virtually any regulator in any country they do want to see more globalisation of regulation, but the big problem is there are certain political issues that are different in different countries.”

GMAC Said to Consider Ex-Citigroup Banker Yastine as Next CFO [Bloomberg Businessweek]
GMAC is hot on the trail for a new CFO after their last one bolted in March shortly after his TARP testimony. The ward of the state is said to be considering Barbara Yastine, who formerly was the CFO at both Credit Suisse’s and Citigroup’s investment banking groups.

FASB Defendant in Suit Alleging Antitrust Violations and Patent Misappropriation [Silicon Economics, Inc. Press Release]
Silicon Economics, Inc. is suing the FASB, alleging “antitrust violations and with willfully attempting to misappropriate patented technology,” according to the San Jose-based company’s press release.

The lawsuit concerns Silicon Economics’ EarningsPower Accounting™ (EPA™) – a patented method developed by the company to improve the accuracy, validity, and usefulness of financial statements. Silicon Economics recommended the merits of EPA to FASB in response to FASB’s request for public comment on the objectives of financial accounting (No. 1260-001, July 6, 2006). FASB claims that its website terms and conditions gave it ownership of Silicon Economics’ technology, even though such terms were not part of FASB’s invitation for public comment or otherwise disclosed to Silicon Economics.

Quote of the Day

A CEO’s Reaction After Losing $8 Billion in Three Months

Caleb Newquist
May 6, 2010

“Though more needs to be done, we are seeing some signs of stabilization in the housing market, including house prices and sales in some key geographic areas.”

~ Charles Haldeman, CEO of Freddie Mac. The “more needs to be done” includes additional government funds.

Fraud
SEC

Seems Hard to Believe That a Pre-Loaded Sponge Company Would Have to Resort to Fraud

Caleb Newquist
May 6, 2010

Today in “they just made the numbers up” news, it’s shocking that a company with this business description:

We design, produce, market, and distribute cleaning products primarily for vehicular use utilizing patented technology relating to sponges containing hydrophilic, or liquid absorbing, foam polyurethane matrices and other technologies. Our products can be pre-loaded with detergents and waxes, which are absorbed in the core of the product then gradually released during use. We have designed and are conducting additional research and development for products and applications using hydrophilic technology and other technologies for kitchen and bath, health and beauty, auto, medial and pet use, which we intend to market and sell as part of our product offering. There is no assurance that we will successfully be able to market and sell products for kitchen and bath, health and beauty, auto, medial and/or pet use.

…would have to make up five customers out of thin air to account for 99% of their revenue:

According to the SEC’s complaint, after several years of relatively little business with a single customer comprising the bulk of Spongetech’s limited sales, Metter and Moskowitz began to paint a more promising and misleading picture of Spongetech’s business. Beginning in approximately April 2007, Spongetech issued dozens of phony press releases touting increasingly larger, yet fictitious, sales orders and revenue. The press releases fraudulently exaggerated the demand for pre-soaped sponges by referencing millions of dollars in sales orders, business, and revenue from five primary customers that purportedly accounted for 99 percent of Spongetech’s business, yet none of those customers actually existed.

Yes, they had an auditor. According to the the last 10-KSB filed it was Drakeford & Drakeford, LLC who has had their own share of trouble.

SEC Charges Spongetech and Senior Executives in Pump-and-Dump Scheme [SEC Press Release]
SEC v. Spongetech, et al. [SEC]

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