Going Concern

News

Quote of the Day: Auditors in Love | 02.10.10

Caleb Newquist
February 11, 2010

“[If I Were An Auditor] tells the story of two auditors (would-be auditors) in love, who view their relationship through the lens of accounting and auditing.”

~ Edith Orenstein, editor of the FEI Financial Reporting Blog on the rom com created by her and many others in Second Life (just in time for St. Val’s).

Big 4

AIG Adopts Big 4 “Forced Ranking” Method

Caleb Newquist
February 11, 2010

Good news servants of the capital markets! Remember how we talked last summer about forced ranking and how it’s rampant within the Big 4 performance ranking system? No? Put it right out of your minds? Had occurred to you because you’re delirious from the lack of sleep, poor diet, et al.?

Well as soon as busy season
is over, we’re sure it’ll come back to you; in the meantime, you’ll be happy to know that everyone’s favorite ward of the state, AIG is now joining you in implementing what might be the worst possible method of rewarding its employees.

American International Group Inc. is rolling out a plan to revamp how it doles out annual incentive pay to its employees, as the government-controlled insurance giant moves away from retention bonuses that have proved controversial over the past year.

The new initiative, called a “forced distribution” system, is being pushed by Chief Executive Robert Benmosche. Under the plan, thousands of AIG employees will be ranked on a scale of 1 to 4 based on their performance relative to their peers, and their annual variable compensation, which may include bonuses, will be determined by their rank. Individuals ranked in the top 10% will get far more relative to their peers.

Yes! The 1 to 4 ranking scale. That’s not quite as shrewd as PwC’s 1 to 3 scale and it’s at least simpler than KPMG’s 9 box but AIG employees have every right to be concerned about this arbitrary ranking system.

Warden Robert Benmosche doesn’t care though, there were too many rock stars, “Mr. Benmosche said performance-appraisal systems previously in place at AIG weren’t discriminating enough. In one case, he said, there was a ranking system with four categories, but about half of the people got the highest rating, and half got the second rank. ‘You can’t have 50% in the top,’ he said.” Bobby B also said that AIG is “unlikely to impose a requirement that underperformers leave.” Write that one down.

Our contributor Francine McKenna who has written both here and on her blog about forced ranking told us, “Investors will get contrived ‘performance’ enforced by cutthroat atmosphere that further encourages excessive risk taking.”

In addition, Ravin Jesuthasan a “talent-management” consultant (not involved with AIG’s change) who was quoted in the Journal (our emphasis), ” [Mr. Jesuthasan said] the approach can work in turnaround situations by helping to foster more accountability, but could be risky if not communicated well or “if links to consequences like compensation and employment are not properly thought through.”

Any of that sound familiar?

AIG Plans Revamp on Pay [WSJ]

CFOs
Fraud

(UPDATE) Ex-Hospital CFO Pleads Guilty to Tax Evasion, Health Care Fraud

Caleb Newquist
February 11, 2010

In dubious CFO news, Vincent Rubio, the former financial chief at Tustin Hospital and Medical Center, agreed to plead guilty yesterday for paying kickbacks to “marketers” who recruited homeless people from the Skid Row area of Los Angeles.

Rubio pleaded guilty to health care fraud and tax evasion; he was the fifth person to charged in the investigation that is still ongoing. He faces fifteen years in prison After the homeless people were treated, the hospital billed Medicare and Medi-Cal for unnecessary treatments.

The AP piece doesn’t have much to it so we’re got to wondering all sorts of things like: A) Who discovered this fraud? Was it — gasp — the auditors? B) what were these unnecessary treatments? We’re these displaced individuals getting checked for hernias or less intrusive procedures? C) how much was Medicare and Medi-Cal charged? Are we talking Madoff-esque numbers? D) When the homeless were finished up at the hospital did they strap them to a rickshaw and send them back out in the streets or did they try to help them for real?

We called the hospital to find out more and we were connected to a spokesperson, who told us that she could not comment on the matter. She informed us that our message would be relayed to the hospital’s President, James Young. At the time of posting, we had not heard back from him. We’ll update this post with any comment or further information.

Ex-hospital CFO pleads guilty in homeless scam [AP via SF Chronicle]

UPDATE Friday, February 12th: We received the press release from Pacific Health, the owner of the Hospital:

February 11, 2010

Press Release

Pacific Health Corporation learned of the allegation that a third party made improper payments to Vince Rubio on November 30, 2006. Upon receipt of the allegation, Pacific Health Corporation contacted its outside counsel to investigate the allegation.

Within one day of the allegation being received, Pacific Health Corporation took employment action in the matter, placing Mr. Rubio on leave. Within one week, Pacific Health Corporation terminated the employment of Mr. Rubio.

After the completion of the its internal review and taking the employment action, Pacific Health reported the matter to law enforcement officials. That took place in early 2007.

(UPDATE) PwC Did Not Foresee the Sexting Phenomenon

Caleb Newquist
February 11, 2010

We heard a rumor today that PwC is currently renegotiating their cell phone contract because, yes, they underestimated the amount of texting that would be done by employees on work phones. Foiled by Gen-Y again!

We realize it’s hard to believe that the numero uno Trainer would somehow not educate its people to avoid sending hundreds of sexually explicit messages to the person in the next row when they simply could have pull together some instructions on cubicle sex. This would have alleviated at least some of the problem.

Well it’s too late now, you randy fools. You’ve no doubt cost the firm millions in charges because you couldn’t compose yourselves.

On the other hand, who were the geniuses sitting around 300 Mad trying to figure out what the texting plan was right for P. Dubs? We know Bob Mortiz wasn’t in on it. Did they consider the fact that PwC employees might be a bunch of savages that would be spending every waking hour sending photos and dirty limericks to their spouses and FWBs?

We understand that firms are trying to save money these days but jesus, it’s common sense to spring for the unlimited texting plan.

UPDATE, Friday, Feb. 12th: We heard back from a source who shared this:

I think they give us something like 100 a month (not positive) which doesn’t affect me, but some people in my office laugh about how much they go over.

Let’s say it is 100 a month. Depending on your prowess, one sexting encounter could conceivably use up a whole month. Someone tell PwC Ops (or whoever is in charge of these things) to go for the unlimited plan.

Career Center

Job of the Day: Deutsche Bank Needs Your GAAP and IFRS Knowledge

GoingConcern
February 10, 2010

Deutsche Babk need someone to join their Finance Division; preferably someone that has knowledge of both U.S. GAAP, IFRS and bonus points for you if you know anything about German HGB accounting.

The position requires at least four years experience and a CPA/MBA is desirable.

Get more details after the jump.

Company: Deutsche Bank

Title: Finance Manager – VP

Location: New York, NY

Experience: 4 – 8 years

Selected responsibilities: All DB legal entity financial reporting for a number of subsidiaries supported in DE. This includes all general ledger balances, and reporting oversight for risk, intercompany reconciliation, regulatory and management purposes; Requires compliance with corporate and regulatory policies. Must be able to identify when a transaction may impact certain key policies, and know when to refer issues to key contacts in treasury, accounting policy, legal, tax and regulatory areas; Work with Accounting Policy and DB Advisory to properly apply GAAP (Generally Accepted Accounting Principles) and IFRS (International Financial Reporting Standards) to transactions initiated by business lines that will be recorded on legal entities.

Qualifications: BS/BA Accounting and 4-8 years work experience in financial accounting; CPA or MBA is desirable, but equivalent experience acceptable; Experience with SAP, Essbase and or BCS (Business Consolidation System) a plus; Good knowledge in IFRS GAAP and/or US GAAP needed. Any knowledge of German HGB accounting standards a big plus.

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

What Are Your Taxes Buying Hollywood?

Joe Kristan
February 10, 2010

The former head of the Iowa Film Office was charged this week with “unfelonious misconduct in office” for his role in a scandal in which filmmakers bought themselves everything from featherbeds to Benzes with money advanced by the taxpayers of Iowa.

The Hawkeye State fell big time for the film credit fad that swept the country in recent years. Iowa had two 25% tax credits, one for filmmakers and one for investors. As interpreted by Mr. Wheeler (but not the Attorney General), the credits together could add up to 50% of film costs incurred in state, making it perhaps the most generous such giveaway in the country.

Better yet, the credits are transferable, so filmmakers can sell them at a discount to raise money. The program had no caps, meaning that Iowa could give away money as fast as Hollywood could spend it.

The entire program was managed by Mr. Wheeler, almost by himself. And did he ever manage it. According to the Iowa Attorney General:

Defendant Wheeler permitted filmmakers… to utilize “payments in kind” including “services in kind” in support of claimed expenditures for tax credits. Under defendant Wheeler’s direction, Iowa’s film program became one of the few, if not the only, state film incentive program in the nation to allow credit for “services in kind.”…Examples included “sponsorship agreements” in which intangible assets (such as reciprocal web links, product placement and marketing agreements) were traded with no money changing hands. These non-cash “expenditures” sometimes constituted the majority of the filmmakers entire alleged budget.

For a brief glitzy moment, Iowa was overrun with film crews and starlets helping themselves to a bountiful harvest.

The party ended last fall with revelations that Iowans helped buy a Mercedes and a Land Rover for a producer via film credits. Mr. Wheeler lost his job, and now he stands charged with a “serious misdemeanor.” Two filmmakers are charged with felony theft for inflating their expenses while claiming credits.

But if Mr. Wheeler is criminally inept, what about the bosses that left him alone and unsupervised to give away over $30 million so far? And what about the 147 legislators — out of 150 — who thought it would be a good idea to give Hollywood a blank check? And you thought “Music Man” was fiction.

But lest you think too badly about the rubes in Iowa, forty-four states are giving taxpayer money to Hollywood. Chances are that your legislator is taking money from you and giving it to those nice Hollywood people. Remember that next time your legislator says you aren’t paying enough taxes.

Big 4
PwC

PwC Achieves Dynasty Status on Training Magazine’s Top 125

Caleb Newquist
February 10, 2010

Did you think that the Big 4 domination of all magazine lists was over? Jesus, were you wrong. Not only is PwC numero uno on Training Magazine’s Top 125, they’ve been in the top spot for three years running. Clearly this is solidifies the dynasty for P. Dubs.

Personally we don’t think it would be that hard to get on this particular list. You fly everyone to a relatively large city that has bars, casinos, and strip clubs near the hotel and you’ll get some positive feedback regardless of the boring topics discussed.

The magazine lists its criteria for measurement (and, shockingly, our criteria wasn’t mentioned) so we can understand how this index of companies was cooked up:

• Training tied to business objectives

• Demonstrable results

• Number of trainers

• Employee turnover and retention

• Leadership development

• Tuition assistance

• Training technology and infrastructure

• Certification

• Training budget and percentage of payroll

Because we know you’re wondering, only two other firms made it on to the list: KPMG at #5 and Grant Thornton at #103. So this begs the question: WTF E&Y and Deloitte? Completely SHUT OUT? Are your efforts being expended elsewhere? Deloitte’s diversity trainings don’t count? What about the Deloitte University plans; doesn’t that count for something? Sorry, E&Y; the donuts and secure bathrooms obviously don’t help you on this list.

Never mind those losers; back in Titletown, you had better believe P. Dubs put out a press release. Our favorite part being the last paragraph before the “About” section where it catalogs every list the firm has ever been on for the past decade and a half. We get the picture P. Dubs. You can make it on to lists. Good job. Please feel free to notify us directly for the next one.

Digitial Issue [Training Magazine]

Hallelujah! Church Accounting Miracles!

Adrienne Gonzalez
February 10, 2010

I had no idea how much a minister can make but now I do. Wait a minute, this just tells me how to bypass Service rules by writing checks in the church’s name. I might totally be in the wrong line of work.

Free Church Accounting (I’m not kidding) brings us a question from “Sharon” of Corsicana, Texas:

How much money does a minister have to make in order for money to be reported?

I started my church back up after 12 years vacancy. I do not have very many members. Right now we are 3 active members and other people stop in from time to time. I do not actually receive money. Since the church is striving I use the money to pay the light bill, get the grass moved.

Answer:

According to the IRS website, “Earnings of $400 or more are subject to self-employment taxes.” (that includes qualifying ministers)

If you are a church employee, income of $108.28 or more is subject to SE tax.

It would be better for you, if you opened a checking account in the church’s name and paid expenses out of it. If that’s not possible, just make sure and keep all of the receipts that show where the church funds are going.

Fascinating! I took the preliminary “Are You a Tax-Exempt Church” quiz on their website and failed miserably so I guess I’d make an awful 501(c)(3) but that’s probably for the best.

There are ways to fail at this of course, like the Spokane, WA priest who couldn’t keep his arms and legs (and other parts) inside of the vehicle at all times, financial mismanagement in the University of North Carolina system, and JDA favorite the University of Colorado’s wild credit card user with horrible hair.

I would never imply that more regulation is the answer; I’m merely pointing out that there’s a bit of work to be done in identifying non-profit fraud. Seriously, how can one detect fraud when the core basis of fund accounting is an imbalance between “expenses” and expenditures?

The Church of Jr Deputy Accountant Scientist? I’m down.

Accounting News Roundup: Former SEC Enforcement Chief Predicts More Lawsuits; Morningstar Buys Footnoted; Citi Teams Up with Gazprom | 02.10.10

Caleb Newquist
February 10, 2010

• Former SEC Top Cop Sees More Lawsuits [CFO]
Former head of SEC enforcement Linda Thomsen believes that the Commission will be looking to charge more companies for “aiding and abetting actions,” which means accountants, attorneys and investment banks will find themselves privy to more lawsuits.

Last summer Senator Arlen Spector introduced legislation that would expand the ability of plaintiffs to sue those that indirectly assist the commitment of fraud.

Ms. Thomsen cited the “scheme liability” theory in Enron cases against the likes of Citi, J.P. Morgan, and Merrill Lynch as being the most successful in holding aiding companies responsible for furthering a fraud.

• Morningstar acquires footnoted! [Footnoted.org]
Morningstar, the financial research firm, acquired footnoted.org the blog that digs through SEC filings to find little nuggets of treasure from obscene executive pay packages to shareholders cursing in letters to their board of directors.

Terms were not disclosed on the deal but founder Michelle Leder did state that “While I negotiated mightily for the keys to the Gulfstream, the corporate apartment in Paris, the company yacht, the lifetime consulting contract and, of course, a tax gross up — all crazy perks we’ve written about in various M&A deals — I came up empty handed. That’s because Morningstar doesn’t believe in those sorts of things. Nor do I.”

This was a perfect opportunity for the ultimate ironic moment but alas, it has passed. Congrats to Michelle and the rest of the footnoted team.

• Citigroup Courts Gazprom [FINS]
Being in business with a state-owned energy company can’t be a bad thing. Citigroup has been courting the Russian behemoth, Gazprom “to buy energy-intensity credits from three Tianjin heating utilities that had exceeded efficiency targets set by the city. The savings were then bundled into carbon-emissions allowances that could be sold or traded to other buildings that had over-polluted, according to the Journal.

The bank sees that this is an opportunity to get in on the bottom of the cap-and-trade schemes, “The bank and gas giant are effectively laying the framework for carbon trading to take off in Asia,” and teaming with Gazprom will allow that to happen.

News

Quote of the Day: Hank Paulson Tells No Lies | 02.09.10

Caleb Newquist
February 10, 2010

“We will get every penny we put into the banks back. I think when you look at all the other programs, we may be surprised at what we get back.”

~ Hank Paulson, to Warren Buffet on TARP.

News

Ex-PwC Associate Sues NYU to Get His MBA Back

Caleb Newquist
February 10, 2010

So waaaay back in the early to mid Aughts when Ayal Rosenthal was slumming over at 300 Madison, he got a little entrepreneurial (P. Dubs auditors don’t make shit, you know) with his Dad, two brothers and a host of others. They made a little bit of extra dough ($3.7 million) by running an insider trading scheme based on various tips, some of which were related to clients that Ayal worked on at PwC.

By the grace of God, the SEC caught on to the shenanigans and busted the gang in early 2007 (was this the reason they missed Madoff, Stanford?).

For this little stunt, NYU revoked AR’s MBA after the SEC brought the charges against him. He’s now suing the University because, “the university was ‘excessive and unfair,’ and that the proceedings violated his right to a ‘fair and timely hearing’ because NYU took nearly seven months before considering his case in September 2007.”

First of all, if an academic institution gets back to you in seven months, we’d say that’s a pretty decent response time. Second, “unfair” doesn’t work on anyone.

Having said that, we know full well how hard the young lad must have worked to get that MBA, so we’re not surprised that he wants the prestigious degree back.

If NYU really wanted an airtight reason for taking his degree they should have cited his inability to dupe the SEC for less than five years. Open and shut.

NYU sued for revoked MBA [NYP]
Insider Trader Ex-Con Sues NYU For His MBA [TBI]

Video

Accounting Has Finally Broken into the Hitler Meme

Caleb Newquist
February 10, 2010

Since the Times ran a story on this cultural trend in fall of 2008, and the following video was posted in December ’09, you might say that accountants are again, late to the party but whatevs. And of course it’s an IFRS spin.

While somewhat humorous, it’s still based on a Canadian company and there’s no mention of Sir David Tweedie, which we think is an unforgivable oversight. That being said, it is encouraging that there is at least one Downfall remake out there that encompasses accounting. Personally, we’d like to see some of the following topics addressed using the clip:

• Patrick Byrne getting the news that Overstock has to restate their financial statements, again.

• Tim Flynn learning that the KPMG Salt Lake City office actually accepted the Overstock audit engagement.

• Stephen Chipman receiving word that Grant Thornton was fired from the Koss engagement because VP Sue Sachdeva made off with $31 million and it was discovered by American Express.

• Barry Salzberg finding out that Deloitte only ranked 70th in the Fortune 100 (behind E&Y and P&M) after being #1 on the BusinessWeek list.

We’re sure there are other possibilities. We encourage you to get to work on this ASAP.

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