Going Concern

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.

There’s a Very Good Reason Why Harry Markopolos Shouldn’t Be SEC Chairman

Caleb Newquist
March 12, 2010

The man is a forensic sleuth, no question. Is he a hero? What’s a hero? Could he train young SEC grasshoppers to be fraud detecting machines like him? Probably. David Weidner — among others — isn’t enthused, especially with Harry’s idea about who should play him in a movie (Hanks, Damon, Cage).

And we’ll just go on record to say that we aren’t on board for Marks to take over either. Forget about our constant griping about the pipe dream that is accounting rule convergence and how HM’s input won’t likely amount to squat. That’s not what’s important.

What’s important to remember is that the man cannot control his bodily functions. As you may recall, the ACFE named Markopolos as their Fraud Examiner of the year and he spoke at their big to-do in Vegas where he admitted that he regularly soiled himself while investigating Bernie Madoff. This is unacceptable.

Look, maybe this isn’t a big deal for some of you but if the man wants to be in the big chair he can’t be changing his undies every couple of hours when he’s trying to crack a big case. Do you think Mary Schapiro has drawer full of extra VS? NO. WAY. So before you jump on the Marks bandwagon for the next Chair of Enforcing the Financial Universe, let’s not forget that when he gets nervous, he’ll be extra unpleasant to be around.

Harry Markopolos, SEC Chairman? [WSJ]

The Purpose of H&R Block’s Free Shred Day Is Not to Demonstrate How to Destroy Evidence

Caleb Newquist
March 12, 2010

As you’re all aware, accountants suffer a myriad of stereotypes. The public’s notion that we shred anything and everything with pure, unadulterated joy to cover our asses is due mainly to folks like David Duncan, the Arthur Andersen partner who so famously ordered the shredding at Enron. That sort of thing inspired this spot for Heineken:

So H&R Block, parent of RSM McGladrey, has decided that it will educate some of the fine residents in Spartanburg, South Carolina about the less dubious purposes of shredding financial information.

In order to increase awareness of the importance of being financially secure, H&R Block is hosting a Shred Day at Cleveland Village, 1564 Asheville Hwy in Spartanburg from 10am – 2pm on Saturday, March 20. The public is invited to attend to safely dispose of sensitive paper materials, learn about how to protect their ID, and find answers to any tax related questions.

We think this is fine idea on the part of H&RB although we foresee one problem. Since South Carolina has gone to great lengths to regulate “subversive organizations”, will this little demonstration of document destruction backfire? Will it allow the terrorists in the Palmetto state to destroy any and all evidence that would otherwise declare their intentions to overthrow the government? Is Glenn Beck aware that this being allowed to happen?

H&R Block Hosts Free Shred Day [Spartanburg News]

Big 4

Why Isn’t Deloitte Ranked Higher on DiversityInc’s Top 50 List?

Caleb Newquist
March 12, 2010

What a relief. We were really concerned that we would get half way through March without hearing about a list of companies being good at something that included the Big 4. Fortunately, DiversityInc comes to our rescue today with their list of Top 50 Companies for Diversity for 2010.

Aaaand as you might exall present and accounted for, although some firms may wish to be higher(?). How does one determine success on these lists? Just being on it? Making the top ten? Is it an honor just to participate in the survey?

Speaking of the survey, the website describes the methodology so you can get an idea of how this particular jumble falls together. The survey is broken down into four areas:

• CEO Commitment

• Human Capital

• Corporate and Organizational Communications

• Supplier Diversity

Digging further, we found more details:

The survey consists of more than 200 empirical questions (no subjective or qualitative information), which have predetermined weightings. Ratios between key factors, such as demographics of managers compared with managers who received promotions, play a significant factor in determining point scores. Companies must score above average in all four areas to earn a spot on the list. CEO Commitment is the most heavily weighted area because if a company lacks visible leadership, its diversity-management efforts will fail to be a priority.

SO! While this explains some things, it certainly brings up more questions. Since we spend the majority of our day perusing the web for every instance of Big 4 CEOs simply breaking wind, we’d like to think that any “CEO Commitment” as it relates to diversity would be noticed by us or our team of monkeys that work around the clock.

That being said, we’d be hard pressed to find a bigger diversity go-getter than Deloitte’s CEO Barry Salzberg. The man is tirelessly pursuing diversity at every waking moment. Even after Deloitte announced its freshly minted Chief Diversity Officer, Bar gave a speech earlier this week on as part of the DiversityInc festivities demonstrating that he’s still on this.

So then, our question is, how does Ernst & Young rank 5th, PwC 6th, KPMG 15th and Deloitte bring up the rear at 25th?

Perhaps the other firms display diversity fliers with their CEOs mugs on them to serve as constant reminder to all employees of the diversity in their firm but if CEO commitment is measured by MSM talking points, how does anyone beat Barry Salzberg? The only thing we can think of is there is some sort of secret anti-male pattern baldness bias at DiversityInc that quietly knocks Deloitte down the list. Sure Dennis Nally is slowly going Costanza there but Moritz in the tighty-whities probably made up for it.

So the efforts of Deloitte’s diversity commitment are rewarded but did they get the recognition they deserved?

The Unveiling of the 2010 DiversityInc Top 50 [DiversityInc]
The DiversityInc Top 50 Companies for Diversity [Full List]

Technology

Brightbook Knows That Dead Heads Need Accounting Applications Too

Caleb Newquist
March 12, 2010

As you’re acutely aware, the canvas that is your life as a spreadsheet jockey is full of less-than exciting palates. Everything from the dull grey hue of your perfectly squared section on the cube farm to the taupe paint that encompasses every wall in your office.

This is not lost on the creators of Brightbook. They also realized that your lives are devoid of dinosaurs and topless cartoon girls:

We discovered this little treasure of online accounting by way of Dennis Howlett at AccMan. If you’re familiar with Dennis, then you won’t be surprised that he’s less than enthused with this particular effort, “Its appearance has all the allure I’d expect of something aimed at the Hannah Montana fans.”

Perhaps Dennis has a point but personally we think it has more a Grateful Dead feel to it. Girls in bikinis with hula-hoops? Dinosaurs in party hats? COME ON. Get a sheet and this will be the grooviest accounting you’ve ever done.

PLUS! Since the folks at Brightbook know that not all of you are into psychedelics, they also included the “Rabbit Hole” a “a fun and healthy distraction within Brightbook.” Obviously this can be enjoyed by anyone, not just those looking to expand their minds.

So whether you consistently go down the rabbit hole or not, Brightbook appears to be making the offer, even if it is in the financial reporting sense.

Put on your sunglasses: Brightbook [AccMan]

Earlier:
Capitalizing on the Idea that “Accounting Is Boring”

Career Center

Job of the Day: VP, Finance Activities Credit Review & Audit at BNP Paribas

GoingConcern
March 11, 2010

BNP Paribas is looking for someone to join their North America Audit Group as a VP for Finance Activities Credit Review & Audit.

An ideal candidate will have a blend of both credit review and audit experience.

The position requires a minimum of five years experience, MBA, CPA or CFA is required and French language skills are a plus. Some travel is required to offices in San Francisco, Chicago, and Dallas/Houston.

Get more details on the position, located in New York, after the jump.

Company: BNP Paribas

Title: VP, Finance Activities Credit Review & Audit

Location: New York

Experience Required: 5 – 10 years

Description: BNP Paribas is seeking a candidate for a VP position in its North America Audit Group as a member of the credit review team to perform credit reviews and traditional audit aspects of these reviews.

Responsibilities: responsible for the audit and credit review coverage of all banking groups and related support areas including: Corporate Banking, Energy & Commodities, Media & Telecom, Merchant Banking, Asset Securitization, Security Industry, Portfolio Management and Risk Management.

Qualifications: Bachelor’s degree in Accounting or Finance; MBA, CPA (or equivalent), or CFA required; 5 – 10 years financial services work experience; Credit analysis skills with a solid understanding of the credit process and controls; French language skills a plus but not required

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

CFOs

GMAC CFO Bolts Two Weeks After TARP Testimony

GoingConcern
March 11, 2010

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

Private equity firm Providence Equity Partners announced on Tuesday that it had hired Robert S. Hull, GMAC Financial Services’ chief financial officer.

Hull will join the firm, which specializes in media, entertainment, communications and information companies, as its CFO in early April. He succeeds Raymond Mathieu, who will become a managing director focused on special projects for the firm.

The 46-year-old Hull was CFO at GMAC since 2007. He was a member of the beleaguered lender’s executive committee and served briefly on its board of directors.

Previously, he held a series of finance positions at Bank of America from 2001 to 2007, most recently as chief financial officer of the company’s global wealth and investment management business.

GMAC has received $17 billion in government bailout funds and hasn’t recorded a quarterly profit since the fourth quarter of 2008. Indeed, it has lost money in nine of the last 10 quarters and lost over $10 billion in 2009.

Hull was paid $4.9 million last year.

The departure comes just two weeks after Hull had to testify before a Congressional Oversight Panel regarding the U.S. government’s assistance to GMAC under the Troubled Asset Relief Program.

In a report regarding Hull’s departure, Standard & Poor’s laid out GMAC’s many troubles, which include “resolving strategic considerations for several business lines, most notably the mortgage operation; executing its plans to diversify beyond providing auto-finance products and services to GM and Chrysler dealers and retail customers; and coping with a still-fragile economy.”

Given all those challenges, the rating agency concluded, “it is not surprising to see turnover at all levels of the institution.”

Perhaps that lack of surprise is why GMAC, for its part, didn’t even bother putting out a press release over the departure, opting to make only a two-sentence filing with the SEC:

“GMAC Financial Services today announced that Chief Financial Officer Robert S. Hull has elected to depart the company at the end of March to pursue another career opportunity. The company will conduct an internal and external search for potential CFO candidates in the interim.”

Six Small Business Tax Strategies for the Entire Year

Caleb Newquist
March 11, 2010

March 15th is just four days away so many of you amped for this first corporate deadline of the year. Tax planning gets a lot of attention during January – March time frame but what about the rest of the year? Should you be thinking about planning for three lousy months out of the year? Please.

But because the timing is not lost on us, we reached out to a CPA who has been around the block a time or two for some tax advice as we approach the corporate filing deadline.

Mike Callahan is a tax director at Spicer Jeffries LLP in Greenwood Village, Colorado. Mike has been sharing his tax wisdom with clients for over thirteen years with an expertise in securities taxation, organizational structure and international taxation of investment partnerships. Mike has been involved in many areas of tax research and planning, including advising broker-dealers and hedge funds, international taxation, multi-state tax planning and compliance and estate and financial planning.

Mike will be paying us a visit with some tax advice or the next week or so as the we head down the stretch in tax season 2010.

Starting off, he gave us six strategies for small businesses that you can keep in mind for yourself or your clients throughout the year, just not for year-end planning:

• Consider a 401(k) safe harbor – If your pension contributions are limited because your employees don’t contribute much to their accounts, contributing 3% of your employees’ compensation to their accounts allows you to maximize your contributions.

• Retirement Plan Credit – Small employers are eligible for a credit of up to $500 for 50% of the administrative cost of setting up a retirement plan.

• Section 179 – Deduct (instead of depreciating) the cost of equipment and furniture on up to $134,000 of additions in 2010 ($250,000 in 2009) under Section 179.

• Hire your children since you give them money anyway – Of course they do have to actually work. Their tax bracket is probably less than yours, some of the income is tax free and they are eligible for traditional or Roth IRA contributions.

• Watch out for the alternative minimum tax (AMT) – It impacts more and more people each year. Tax projections by your CPA are a must! It may be beneficial to defer some deductions until next year instead of paying them this year.

• Work from home? – If your home office is your principal place of business for administration and management of your company, a portion of your rent, utilities, maintenance, etc… are deductible. This also helps reduce your self employment tax.

News
The JDA

Three Ways That Patrick Byrne Can Apologize to Sam Antar

Adrienne Gonzalez
March 11, 2010

As you’re probably aware (if not, check the links below), it hasn’t been the friendliest of exchanges between criminal CFO/forensic accounting sleuth Sam Antar and Overstock.com CEO Patrick Byrne. Sam being Sam, he recently reached out to Patrick Byrne to see if he would be interested in a mea culpa:

From: Sam E. Antar
Sent: Monday, March 08, 2010 11:02 PM
To: Patrick M. Byrne
Subject: Overstock.com Restatement
Importance: High

Hi Patrick:

Will you finally admit that I was correct when I reported in my blog that Overstock.com violated GAAP by using a phony gain contingency in light of the company’s recently announced restatement?

You owe me a public apology.

Regards,

Sam

Our understanding is that Pat hasn’t responded to Sam’s request for an apology yet (we’re hopeful!) so Team GC thought we’d offer some suggestions to Dr Byrne should he decide to take the high road and apologize to Sam. Having been in this situation more than once myself, I can honestly say sometimes you’ve just got to suck it up, buy some flowers, and admit that you’re an ass but totally repentant.

Overstock.com gift cards – Nothing says I’m sorry like free stuff that the aggrieved party can pick themselves. Bonus, the overhead on Byrne’s own inventory must be low. You know, because it’s his, not because there is any monkey business going down on OSTK’s financials.

An SEC Gift Shop Goodie Basket – I busted Sam in an SEC baseball hat at Stanford last week so wouldn’t it be cute if Byrne got him a whole basket full of fun regulatory shwag? Awww, what a precious moment it would be watching Sam pull out DoJ beer cozies and a color-changing SIGTARP coffee mug. Who doesn’t love tchotchkes? PB can’t go wrong! I’d even throw in a pair of NY Fed Pistol Team patches for that added touch of flair.

Cupcakes – Come on, no one can resist cupcakes, not even Sam E. Antar’s hardened criminal ass. You know, might as well send some to the GCHQ while he’s at it, we’ve been putting up with this Overstock shit for months too. Hopefully even Patrick Byrne knows when it comes to cupcakes, it’s best to invest in high quality, over-priced boutique cupcakes. Even my cheap ass knows that.

Earlier:
Winners and Losers in the Overstock Restatement
Even Earlier:
Is Patrick Byrne’s Facebook Friends List Motivated by a Farmville Obsession?

Accounting News Roundup: Record Number of ‘Nonpayers’ of Income Tax in ’08; IRS Getting Used to Threats?; Donations for Chile Bill Passes House | 03.11.10

Caleb Newquist
March 11, 2010

• Record Numbers of People Paying No Income Tax; Over 50 Million “Nonpayers” Include Families Making over $50,000 [Tax Foundation via TaxProf Blog]
For all the bellyaching Americans do about taxes, a large portion of them have managed to turn “Tax Day into a payday.” What the hell does that mean? It means that a growing number of people are considered to be “nonpayers” or people that get back every dollar withheld on their paycheck.

Sounds great, right? It’s my money, F the government, etc, etc. Well, the Tax Foundation is a little concerned because as the federal budget continues to grow, the income tax system becomes a less effective method of financing expenditures:

“[R]ecently released IRS data for the 2008 tax year show that a record 51.6 million filers had no income tax obligation. That means more than 36 percent of all Americans who filed a tax return for 2008 were nonpayers, raising serious doubts about the ability of the income tax system to continue funding the federal government’s ballooning expenditures.”

The Foundation concludes that if the trend of credits continues, the more people will get used to the idea that their refund from the Feds is annual windfall rather than an even greater inefficient government. “As the number of refundable tax credits continues to grow, more and more tax filers are seeing the IRS as a source of income, not something to which taxes are paid.”

• Eye Opener: Threats against IRS workers continue [Federal Eye/WaPo]
Despite so many people being “nonpayers” people still hate on the IRS, as we’ve covered. And actually, the IRS is okay with that. It’s expected:

“It would be a little naïve to think that we don’t get some threats over the course of doing business,” said IRS Communications Director Terry Lemons.

Perhaps it would be naïve but there seems to be shit going down every week. When does the ‘over the course of doing business’ become “day-to-day challenges that we deal with”?

• House Passes Chile Earthquake Donations Bill [Web CPA]
Yesterday, the House approved the extension of the deadline for donations made to victims of the earthquake in Chile, to considerable less fanfare than the Haiti bill from back in January. Presumably, Congress is under the impression that voters aren’t that concerned about what goes on in the southern hemisphere, thus the need for grandstanding on this issue isn’t needed.

The bill, sponsored by new Ways & Means Chair Sander Levin (D-MI) and Dave Camp (R-MI), would allow donations made through April 15, 2010 to be included on your 2009 tax return.

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