Going Concern

Accounting News Roundup: Sarbanes-Oxley’s Credibility Takes a Major Hit; You Shouldn’t Hate the IRS; You Especially Shouldn’t Tell Inappropriate Jokes About the IRS | 03.15.10

Caleb Newquist
March 15, 2010

• The Valukas Report on Lehman Brothers: Sarbanes/Oxley’s Credibility Takes a Dive [Re:Balance]
Has the Vakulus report exposed Sarbanes-Oxley as a, dare we say it, a waste of time? Perhaps that’s a stretch but the question of its effectiveness in the case of Lehman Brothers is certainly worth noting, “if Sarbox didnÃ¢Â€Â™t have an impact on Dick Fuld and Lehman, what possible good has it wrought?” asks Jim Peterson.

CNBC tried having this discussion on Friday although it didn’t seem to get anywhere. And some may say that SOx has resulted in a many positive developments, although this latest disaster may indicate that overwhelming support of legislation should be a sign that something doesn’t smell right, “the hindsight revelation of the Valukas report is that the inability of Sarbox to reach global-scale problems shows the futility of legislation so politically anodyne that it passed the US Senate by a vote of 96-0.”

In other words, SOx was sold as the cure-all to the problems revealed by Enron et al. and it made for some nice pandering during an election year. Once the election was over, Congress figured their work was done and nearly eight years later people are asking questions. The question now is, who will pick up the Lehman/E&Y torch in this cycle? There’s less than eight months until election day!

• Why I Don’t Hate the IRS — and Neither Should You [Politics Daily]
Okay, so maybe the IRS isn’t perfect but using planes, guns or more subtle forms of dissatisfaction doesn’t really help matters.

“While it may be superficially gratifying, it is absurd to use the IRS as a whipping boy. Is there anyone who really believes that we could live in a world where citizens expect the government to provide benefits without raising the taxes needed to pay for them?”

Last we checked, the answer to that question is yes, starting with the fans of Joe Stack’s Facebook page.

• TIGTA Is Investigating 70 Jokes/Inappropriate Statements About the Attack on the Austin IRS Office [TaxProf Blog]
Aaaannnd another thing. If you think you can tell semi-serious jokes about the IRS plane crash, you will be dealt with in a swift and serious manner. Expect to receive yearly financial rectal exams for the rest of your time on Earth. Someone in Utah should be paying especially close attention.

Quote of the Day: Ernst & Young Partners Losing Sleep? | 03.12.10

Caleb Newquist
March 13, 2010

“A successful lawsuit against E&Y could result in a court finding that the failure to properly advise the audit committee prevented Lehman from taking genuine steps to substantially reduce its leverage, which may have saved the firm from bankruptcy. Which is to say, E&Y could find itself blamed for all the losses to Lehman shareholders. That would be a stretch – such a claim would be speculative – but it still should be scaring the heck out of the partners.”

~ John Carney

News

One Accountant Was Enough to Discuss Lehman’s Accounting on CNBC

Caleb Newquist
March 13, 2010

Maybe it’s because everyone is still working like crazy and couldn’t get away for a TV appearance. Maybe Jim Turley couldn’t find decent footwear but how CNBC managed to get only ONE accounting expert in on this panel to talk about the Ernst & Young, Dick Fuld, et al. Sarbanes-Oxley and the Repo 105 is beyond our comprehension. Throw in four journalists and a “fellow” and you’ve got yourself quite the free-wheeling discussion on the double-entry system.

Personally, “[N]ot technically violating the rules, that’s why the auditors could kind of sign off on it even though it was incredibly misleading and deceptive,” was our favorite line.

But the poor accounting expert seemed to be a nervous wreck. Aren’t wet bars standard?

Three Things to Remember When Changing Accounting Careers

Daniel Braddock
March 13, 2010

Happy Friday, folks. Hopefully with busy season ending soon, this marks the end of your work week. If not, well, keep reading. Maybe we can change that.

As I mentioned on Tuesday, you might be feeling the tides of change in the next few weeks in your office, whether that be with your personal career or with co-workers dressing better than usual.

• It’s about the total package – Even in the glory days of post-SOX rulings and lush amounts of advisory services work, public accounting has never paid close to what the private sector provides. When looking for new positions, know that you should not be expecting to find 50%-100% salary increases. It can be expected to find base salary increases to fall into the 10-15% range. Why? Because honestly, the stories told over warms beers at your last work function were grossly overblown. Sure, the occasional rock star accountant makes the leap from newly christened manager to controller of a small fund and landing on a cushy financial pillow. The monetary difference between public and private (and I’m speaking of financial services) rests in the annual bonuses:

Senior Associate, Big 4: $70,000 salary + $5,000 bonus = $75,000

Fund Accountant, XYZ Hedge fund: $80,000 salary + $30,000 bonus = a no brainer

These numbers are general but realistic for today’s market. Keep these in mind as you reach for that red wax pencil.

• Be realistic about your next job title – You’re an accountant. No, you can’t be a trader. No, front office is not for you (yet). You need to be honest with yourself and really scrutinize the experience you’re building in your current role. Working on a private equity fund-to-fund will not prep you enough to slip into a fund accounting role at the P/E firm of your choice. Mold your career experiences to fit what you want to do. The right recruiter will manage your expectations, which leads us to…

• Start out with multiple recruiters – Finding the right recruiter is like finding a career counselor. Some will be pushy and force unwanted jobs on you. Others will take the time to polish your resume, help you realize the steps you need to take to work toward your ideal job, and only pass along relevant job opportunities. Consider a recruiter like this a blessing. And don’t forget to pass that person’s contact information on to your buddies. They helped you; return the favor.

Big 4

Are Big 4 Auditors Irrelevant?

Caleb Newquist
March 13, 2010

Okay people, the calls for the complete obliteration of the accounting world have begun. Check that. It’s more or less the accounting world as it relates to auditors of public companies (i.e. Big 4 auditors).

Steve Goldstein at MarketWatch, for one, is NOT A FAN, “What precise purpose does it serve to have a supposedly independent auditor (paid for by the company) sign off on accounts? From Enron to Lehman to Satyam to Parmalat, it’s clear that the major accountants lack either the skill or the determination (or both) to ferret out fraud.”

So in case you didn’t catch it, he’s calling into question the Big 4’s (our assumption) integrity, competence and fortitude. Oh and before you start huffing about “it’s not the job of the auditor to detect fraud,” we’d argue that’s not even the point any more. Lehman was engaging in what a former CFO calls “shenanigans” that E&Y knew about for years and went along with it. Why? Because Lehman said everything was kosh.

Goldstein goes on:

Company executives already are forced to sign off on their accounts. When they are caught lying, companies face liability over disclosure.

So the threats that keep (some) companies honest are there regardless of whether the reports are audited. The outside auditors themselves are assigned a negligible value by the market.

A solution? Here’s two admittedly out-there solutions that the Securities and Exchange Commission probably won’t adopt.

One is quite simple: get rid of accountants. Who cares? They add no value, and their expenses weigh on the bottom line.

The other would be for someone else to hire the accountant. How about the company’s top five shareholders? While the likes of Fidelity would grumble about the added costs and the free-rider benefit for smaller shareholders, they would certainly have an interest in securing a far tougher audit.

Okay, Big 4 auditors, here’s your homework: explain why auditing for public companies isn’t irrelevant. We’ll listen, we swear. Or just start shooting off at the mouth if you feel it necessary. Goldstein isn’t the first to make this determination. Francine McKenna and Jim Peterson have argued that the value of an auditor’s opinion has been nil for quite some time and they’re both Big 876454 alums. It’s okay if you admit it. Acceptance is the first step.

What exactly is the point of having accountants? [MarketWatch]

Fraud
News

Five Questions with Tracy Coenen

Caleb Newquist
March 13, 2010

If you’re currently engaged in fraudulent activity at your company, eventually you’re going to find yourself in Tracy Coenen’s Fraud Files Blog. She has published two books on the subject, Expert Fraud Investigation: A Step-by-Step Guide and Essentials of Corporate Fraud and more than a 100 articles in industry publications.

When she’s not writing about all things fraud, Tracy runs Sequence, Inc., providing forensic accounting and fraud examination services. The Sue Sachdeva/Koss fiasco happened in her backyard of Milwaukee and she’s been all over it, providing fine quotes on the matter.

Why do you blog?
Somebody has to expose the frauds and scams!

Why should you accountants read your blog?
Because I have interesting insights and I’m not afraid to state my very strong opinions.

Who is your favorite blogger?
Mike Masnick at Techdirt

Best thing about blogging for accountants?
There is a wide open market for accounting bloggers to be thought leaders (and to market themselves) because so few accounting and finance professionals are blogging about their profession.

The biggest issue facing accountants today is…
Truly understanding how fraud happens and how to find and prevent it.

Career Center

Job of the Day: Fannie Mae Needs a Senior Accountant

GoingConcern
March 12, 2010

Fannie Mae needs an experienced accountant that will perform day-to-day accounting operations for Fannie Mae’s investments in Low Income Housing Tax Credit & CI partnerships, including the impacts of consolidating those assets.

The position requires a four to six years experience and a CPA license.

Get more details on the position, located in Washington, DC after the jump.

Company: Fannie Mae

Title: General Accountant, Partnership Accounting

Location: Washington, D.C.

Experience Required: 4 – 6 years

Description: Apply comprehensive knowledge of accounting principles, concepts, practices, and standards in performing complex duties related to preparing and analyzing financial information to record transactions, prepare reports, and review and verify accuracy. Work with consultants, auditors, and others to analyze and provide information on operational, reporting, or system impact related to policy changes and new products. Contribute to special projects. May train staff.

Responsibilities: Compile, review, analyze, and record financial information to the general ledger. Complete monthly closings; Prepare balance sheet and profit and loss statements, consolidated financial statements, and other accounting schedules and reports; Prepare daily, weekly, and monthly reconciliations to ensure general ledger account information is accurate, consistent, traceable, and auditable; Execute and manage timely, accurate transactions; Identify control weaknesses, communicate to management, and participate in making remedial changes to tighten and enhance controls; Provide requested information to auditors, consultants, and others on significant matters requiring coordination; May design, modify, install, and/or maintain accounting systems to ensure adequate recognition of financial transactions; May perform moderately complex accounting projects or participate as a team member on highly complex projects; Understand and analyze partnership financial statements and Schedule K-1s.

Qualifications: Bachelor’s Degree or Equivalent; CPA; 4-6 years or equivalent experience.

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

Three Ways the CPA Exam Could Change in the Near Future

Adrienne Gonzalez
March 12, 2010

If you’ve been trying to pass BEC since the CPA exam went computerized in 2004 (you can laugh all you want, I know a few people…), rejoice! The AICPA, NASBA, and Prometric have committed to another 10 year contract to administer and oversee the computerized CPA exam in 55 US jurisdictions.

“This 10-year extension of the exam contract from 2014 to 2024 continues the close and highly successful collaboration of the three organizations in the delivery of the computer-based examination for the past six years,” said Barry Melancon, AICPA president and CEO. “The CPA exam is the gateway to the accounting profession and under this arrangement we have seen the exam improve and grow. About 93,000 candidates took the examination in 2009 – a record.”

Now we imagine it must have been editorial privilege to leave out the actual passrates of those 93,000 2009 CPA exam candidates and we’ll not wildly speculate that the record is a direct result of threats that the exam will be jam-packed with IFRS come 2011.

What will the CPA exam of 2024 look like? Obviously no one knows but looking at the evolution of exam content since 2004, we can take a stab at guessing.

• BEC will be a big priority – As we move from two simulations in FAR, AUD, and REG to 6 “simlets” (smaller, unrelated simulation problems) with communications being moved to BEC, I imagine it will be a big priority for the AICPA. It’s been notoriously “random” and filled with the bits and pieces that the AICPA couldn’t seem to make relevant in other CPA exam sections; the junk drawer of the exam, as it were.

• IFRS – A lot is riding on implementation of IFRS questions (anyone volunteered to write those yet? I think the AICPA is still patiently waiting for help).

• Scoring discussions planned after the first two quarters of 2011 – In other words: if you guys do well, the AICPA might leave it alone. Bomb and they might have to consider grading on a curve, invalidating that whole psychometric testing thing they’ve got going now.

Good luck with that. Really.

CPA Examination Contract Renewed in the U.S. Through 2024 [Press Release]

The Latest Homebuyer Tax Credit Scam: Now with HUD!

Joe Kristan
March 12, 2010

That the First-time Homebuyers Credit is riddled with fraud is old news. Like all refundable credits, where the government writes you a check if the credit exceeds the tax shown on your return, it’s a magnet for grifters. What’s new is cross-agency efforts enable First-Time Homebuyer Credit fraud, with video.

James O’Keefe, notorious for donning pimpwear and taping ACORN officials happily facilitating tax fraud and child prostitution, and then for getting arrested in Louisiana, took his act to Detroit and Chicago offices of the U.S. Department of Housing and Urban Development posing as a tax credit scammer. One conversation went like this:

The law says that the tax credit maxes out at $8,000 for an $80,000 home. On the tape, O’Keefe asked a staffer, “What if I bought a place for $50,000, but the seller and I agreed to write down $80,000 as the purchase price?”

“Flip it any way you want,” the staffer replied.

What if the place is worth much less — like only $6,000?

“Yup, you can do that.”

This version of the Homebuyer Credit scam can get around the checks the IRS has in place to prevent fraud. The primary IRS anti-fraud check for the homebuyer credit is a requirement that a copy of an HUD-1 form or settlement statement be attached to the 1040 claiming the credit. If the buyer and seller collude to dummy up a HUD-1 form, the “buyer” is reasonably likely to get the credit as long as there isn’t some other item on the return that flags it – such as an address that’s different from the one for the “home” on the settlement statement.

The scammers wouldn’t be out of the woods by any means. The IRS might well catch up with the scammers. But then again, they might not, or if they did, the money could be long gone. For someone living in in a Detroit neighborhood where houses sell for as little as $1,000, splitting $8,000 with a scammer might be one of the less-risky opportunities at hand.

Ernst & Young Was ‘Comfortable’ with Lehman’s Shady Accounting

Caleb Newquist
March 12, 2010

Late yesterday, U.S. Bankruptcy Examiner Anton Valukus released a 2,200 page report that details the collapse of Lehman Brothers. It points the finger at Lehman execs for engaging in shady accounting that Ernst & Young knew about and was comfortable with. Lehman’s Board of Directors were not informed of the questionable accounting treatment.

To put it in more technical terms: Ernst & Young is in deep shit. The lead partner on the Lehman audwed more times than Dick Fuld for crissakes.

The accounting in question was known inside Lehman as “Repo 105.” These transactions moved billions of dollars off of Lehman’s balance sheet that were described by emails in the report as “basically window dressing” and their global financial describing them as having “no substance.” The Times reports that the treatment was so crucial to LEH that one executive, Herbert McCade, was known internally as the “balance sheet czar” and that he described in an email that the treatment was “another drug we r on.”

The really bad part for Ernst & Young is that they were okay with the “drug.” From the report, the lead partner stated that E&Y “had been aware of Lehman’s Repo 105 policy and transactions for many years.” For you wonky types, Lehman was accounting for these “Repo 105” transactions based on guidance from Statement on Financial Reporting Standard 140, Accounting for Transfers of Financial Assets and Repurchase Financing Transactions.

E&Y’s “team had a number of additional conversations with Lehman about Repo 105 over the years,” although they were not involved with drafting the policy nor did the firm provide any advisory services related to the transactions. According to the lead partner on the engagement, the firm simply “bec[a]me comfortable with the Policy for purposes of auditing financial statements.”

The problem, according to the Examiner’s report is that E&Y was okay with the treatment based on the theory:

Ernst & Young’s view, however, was not based upon an analysis of whether actual Repo 105 transactions complied with SFAS 140. Rather, Ernst & Young’s review of Lehman’s Repo 105 Accounting Policy was purely “theoretical.” In other words, Ernst & Young solely assessed Lehman’s understanding of the requirements of SFAS 140 in the abstract and as reflected in its Accounting Policy; Ernst & Young did not opine on the propriety of the transactions as a balance sheet management tool.

According to Lehman’s Global Financial Controller Martin Kelly, “Ernst & Young ‘was comfortable with the treatment under GAAP for the same reasons that Lehman was comfortable.'” Don’t you love it when things work out like that?

Ernst & Young has issued a statement that simply addresses the final audit that the firm performed: “Our last audit of the company was for the fiscal year ending Nov. 30, 2007. Our opinion indicated that Lehman’s financial statements for that year were fairly presented in accordance with Generally Accepted Accounting Principles (GAAP), and we remain of that view.”

SO! E&Y is in a bit of a pickle. Civil suits have already been filed against both firms and more investigations will certainly be coming. If you’ve got some time over the weekend, take a flip through this beauty. We know there is accounting porn in there for some of you.

Report Details How Lehman Hid Its Woes as It Collapsed [NYT]
Examiner: Lehman Torpedoed Lehman [WSJ]
Lehman Brothers Holdings Inc. Chapter 11 Proceedings Examiner’s Report [Jenner & Block]

Accounting News Roundup: Lehman Failure Was a Team Effort; Boston Provident Ex-CFO Faces Prison After Guilty Plea; Who Wants to Watch a Toxic Asset Die? | 03.12.10

Caleb Newquist
March 12, 2010

• JPMorgan, Citigroup Helped Cause Lehman Collapse, Report Says [Bloomberg]
There’s so much blame to go around: Dick Fuld! Every Lehman CFO that ever worked there! JP Morgan, Citi, Ernst & Young (who we’ll get to shortly), you’re all at fault too! But mostly Dick Fuld. He was putting lots of pressure on Lehman’s balance sheet magicians to reduce the bank’s debt. The report states that Fuld was “at least grossly negligent” and if it gets worse than that, you’ll certainly hear about it.

According to the Bankruptcy Examiner’s report, there was plenty of parties that didn’t help matters. JP Morgan and Citi were demanding more collateral from Lehman as the firm tried to stave off death while E&Y sat back as LEH got all hocus-pocus with their accounting. So pick a company or person you don’t like and point the finger. It sounds like an argument can be made.

All this amounts to largest bankruptcy in history and boy will it sell a helluva lot of books, movie tickets, and HBO subscriptions. Silver lining!

• Trader faces up to 6 1/2 years in prison [Bloomberg via Boston Globe]
Former Boston Provident CFO Ezra Levy pleaded guilty to securities and wire fraud after being accused of stealing $3 million from New York-based Boston Provident Partners, LP. Levy told the judge that he used the money to pay ‘personal expenses’ although no word on what the loot was. Presumably not a fleet of limos.

• We Bought A Toxic Asset; You Can Watch It Die [NPR]
Ever dreamed of owning just a small piece of a toxic asset just watch the slow, agonizing death? Of course! Some reporters at NPR chipped in to invest $1,000 in a bond with over 2,000 bad, really bad mortgages all for the sake of journalistic interest. If the team somehow manages to make money it’s going to charity.

Quote of the Day: No Ponzi Scheme Bailouts | 03.11.10

Caleb Newquist
March 12, 2010

“[I]t is hard to justify giving special compensation to the investors of Mr. Madoff and Mr. Stanford just because they lost significant amounts of money with little prospect of any recovery.”

~ Peter J. Henning, on Madoff and Stanford victims lobbying members of Congress for a law that would compensate them for some of their losses.

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