Going Concern

Ernst & Young Pays $8.5 Million to Settle Charges with SEC Over Bally Fraud

Caleb Newquist
December 18, 2009

Six current and former partners at Ernst & Young were charged, along with the firm, by the SEC late yesterday in relation to the audits the firm performed of Bally Total Fitness’ financial statements from 2001 to 2003.
Bally settled accounting fraud charges with the SEC in 2008 that were related to its financial statements from 1997 to 2003.
Because everyone and their dog was freaking out over Enron in screws to their clients to follow GAAP, E&Y had identified Bally as “one of E&Y’s riskiest 18 accounts and as the riskiest account in the Lake Michigan Area.”

Floyd Norris:

The firm forced Bally to stop recording revenue in an improper manner that allowed it to claim earnings earlier than was allowed by accounting rules.
But in doing that, the firm allowed Bally to not admit to having violated the rules in the past, an action that would have forced it to restate its accounts and admit that losses in previous years had been much larger.

Mr. Norris also reported that a source of his at the SEC has stated that “he knew of no previous enforcement cases in which a partner of a major firm was cited for his actions as head of a national office.”
The partner in this case is Randy G. Fletchall, the partner in charge of E&Y’s National Office. He along with Mark V. Sever, E&Y’s National Director of Area Professional Practice, and Kenneth W. Peterson, the Professional Practice Director for the Lake Michigan Area office are the current E&Y partners who settled the charges with the SEC.
The former partners include: Thomas D. Vogelsinger, the Area Managing Partner for E&Y’s Lake Michigan Area through October 2003, William J. Carpenter, the E&Y engagement partner for the 2003 audit, and John M. Kiss, the E&Y engagement partner for the 2001 and 2002 audits.
While the news of a current partner of such lofty heights is notable, an extra twist that isn’t being reported in the MSM comes from GC contributor, Francine McKenna, who tells us that Mr. Fletchall served as the former AICPA Chairman from 2007-2008 and Mr. Sever, a former chairman of the Accounting Standards Executive Committee:

What none of the stories that just hit tell you, though, is that at least two of the EY partners charged, Fletchall and Sever, held leadership positions with the AICPA in the past.
…
Did Mr. Fletchall get off with a slap on the wrist given his AICPA leadership position, AICPA PAC contributions and significant campaign contributions to Senator Christopher Dodd? Mr. Fletchall is used to telling the SEC what it should do. Quite used to it.

These are interesting questions that the SEC probably doesn’t want to address. The connection, in appearance, is shady and we can only speculate as to what happened during the negotiations of the settlement.
The Commission, remaining stoic, gave a standard issue boilerplate statement, saying:

“It is deeply disconcerting that partners, even at the highest levels of E&Y, failed to fulfill their basic obligations to the investing public by not conducting proper audits. This case is a sharp reminder to outside auditors that they must carry out their duties with due diligence. The $8.5 million settlement, one of the highest ever paid by an accounting firm, reflects the seriousness of their misconduct,” said Robert Khuzami, Director of the SEC’s Division of Enforcement.

So it appears E&Y is getting sent to their room here, despite the $8.5 million fine being “one of the highest ever paid by an accounting firm.”
The firm also agreed “to undertake measures to correct policies and practices relating to its violations, and agreed to cease and desist from violations of the securities laws.”
Were the AICPA connections enough to keep them out of really hot water? At the very least, it didn’t hurt anything. If you have any information regarding this story, get in touch with us, and we will update you with any developments.
SEC Charges Ernst & Young and Six Partners for Roles in Accounting Violations at Bally Total Fitness [SEC Press Release]
EY Settles SEC Charges Re: Bally’s Fraud-Lives To Audit Another Day [Re: The Auditors]
Ernst to Pay the S.E.C. $8.5 Million [Floyd Norris/NYT]

Preliminary Analytics

Preliminary Analytics | 12.18.09

Caleb Newquist
December 18, 2009

• Stalling on Sarbox – “The regulatory-reform bill passed by the House last week suggests that lawmakers will either exempt smaller companies from getting internal-controls audits or put off the decision for yet another year.” Hell, it’s only been seven years. What’s one more? [CFO]
• Agencies in a Brawl for Control Over Banks – “Connecticut Democrat Christopher Dodd, the Senate Banking Committee chairman, has proposed revoking almost all of [FDIC Chair Sheila] Bair’s powers to supervise banks, as part of a sweeping financial-regulation bill now under consideration in the Senate.” [WSJ]
• Blue Ribbon Panel On Private Company Accounting Standards Formed – Blue Ribbon Panels always mean that something is about to get serious. Right? [FEI Financial Reporting Blog]
• Should Gay Couples Pay the Same Taxes as Straights? – Even if a state allows gay couples to marry, they aren’t recognized on the federal level and that causes problems, “[M]any businesses now provide spousal benefits to gay couples, the value of the non-employee’s benefits is taxable for unmarried couples, but tax free for those who are married.” [Tax Vox]

Review Comments

Review Comments | 12.17.09

Caleb Newquist
December 18, 2009

• Rangel Introduces Mutual Fund Tax and Regulation Bill – Charlie Rangel. Working for you. [TaxProf Blog]
• SEC: Negative Equity Doesn’t Mean No Impairment – This implies that this rationale worked on someone at some point. [Compliance Week]
• Is Your NFP in Danger of Losing Tax-Exempt Status? – “The IRS requires that if an organization has not filed any version of the Form 990 for three consecutive years, it will automatically lose its tax-exempt status on the due date of the third year.” [CB&H Not-for-Profit Blog]
• Senate Panel Backs 2nd Bernanke Term – Much to the dismay of some. [WSJ]

Luckily for Nicolas Cage, Ghost Rider 2 Is In Development

Caleb Newquist
December 18, 2009

Today in getting-sued-by-your-ex-but-my-name-isn’t-Steven Cohen news, Nicolas Cage is now being sued by his ex-girlfriend, Christina Fulton for $13 mil.
She’s claiming that Ghost Rider and his accountant, Samuel Levin (no relation), were really not very fucking good with the money and now she owes $1 million to the IRS annnnnd she has $250,000 in credit card debt annnnnd she lost her house.
If that’s not enough, Cage and Levin already don’t think too much of each other as they’ve been suing/countersuing each other over whether Cage sucks more at spending money ($1.6 million comic book collection) or Levin at managing it (risky real estate investments).
Good luck lady. The ex-Mrs. C’s chances seem better.
Nicolas Cage’s Ex Sues Him and His Former Accountant [Web CPA]

Uncategorized

Accenture Is Giving Tiger the Arthur Andersen Treatment

Caleb Newquist
December 18, 2009

You’ve got to hand it to Accenture, if you’re not the ‘metaphor of high performance’ any more (i.e. a married man with two kids screwing everything that moves), they will make Enron audit workpapers out of you.
After the hammer came down on Sunday, the marketing crew — who spent the last six years making T. Dubs’ mug the mug of Accenture — has some work to do:

By Monday afternoon, Accenture staffers had swept through the company’s New York office and removed any visible Tiger posters. The next day, marketing and communications employees around the world were asked to turn in any remaining Tiger-emblazoned posters and other materials.

Considering the fact that Accenture is one of the remaining derivatives of Arthur Andersen, destroying all this stuff should be a piece of cake (shredder sure but we’re guessing they’ve got an incinerator chute). The best part for them is, they aren’t obstructing justice, they’re maintaining their sterling (?) reputation.
Maybe easier said than done since they spent “$50 million on advertising in the United States last year, and Mr. Woods appeared in 83 percent of the company’s ads.”
They really just need to get someone (anyone!) else in there ASAP to make us sorta forget (but not really) that T Dubs was shilling for them for six years.
Accenture, as if Tiger Woods Were Never There [NYT]

Deloitte

Deloitte Survey: The Next Generation of Employees Will Not Stand for the Inability to Update Their Status

Caleb Newquist
December 18, 2009

In Deloitte’s Survey Du Jour we learn that your future underlings are going to want — nay — DEMAND the ability to move up in Farmville while they’re at work (at least one person understands your obsession).
Okay, demand is a stretch but dammit the kids these days are an ethically conscious bunch so you can trust them to get their work done while checking all their hot friend of friends.

Nearly nine-in-10 (88 percent) teens surveyed use social networks every day, with 70 percent saying they participate in social networking an hour or more daily. More than half (58 percent) said they would consider their ability to access social networks at work when considering a job offer from a potential employer. This comes as many organizations have begun implementing policies that limit access to social networks during the workday due to concerns about unethical usages, such as time theft, spreading rumors about co-workers or managers and leaking proprietary information, among other reasons.
Most of the teens surveyed feel prepared to make ethical decisions at work (82 percent) and a significant majority of teens say they do not behave unethically while using social networks (83 percent).

There’s really no cause for concern when you’ve got newbies out there asking their friends to vote for their sluttiest co-worker using a work email address. We do realize that some people make better decisions than others.
Overall, we don’t see what the BFD is. Commercials on the tube portray “responsible” adults on Facebook so to allude that the next wave of corporate soldiers would be the only ones that wouldn’t take a job with limited access to social networks seems weak. There’s plenty of people working already that have that point of view. Plus, pretty soon everyone on FB, Twitter, et al. will have phones that can run those apps. Just let people do what they want and they’ll be much happier.
Now excuse us, we’ve got strawberries to harvest.
No Facebook at Work? No Thank You! Teens Expect Access to Social Networks On-The-Job [Junior Achievement/Deloitte Poll]

CPA Exam

More CPA Exam Scores Are Released for the October/November Window

Caleb Newquist
December 18, 2009

NASBA has announced via Twitter that more scores have been released for the final window of the year. Bad news is that it takes 24 – 48 hours for them to post. Our recommendation would be to jump over to NASBA and spend the next 24 hours refreshing the page until it posts. Or chew your fingernails until they bleed, whatever works for you.
If you end up with an early Christmaskuh gift, please share. If you got coal, also share before you go into the corner sobbing.

Career Center

Job of the Day: Bring Your Extensive GAAP Knowledge to Fannie Mae

Caleb Newquist
December 17, 2009

It’s already been determined that Fannie Mae is TBTF so any concerns that you have about company security should be put to rest.
Plus, as a quasi-government entity (or is it just a government entity now?) your country will owe you a debt of gratitude.
Get the details for a Senior Manager of Accounting Policy position in Washington, D.C. after the jump.

Company: Fannie Mae

Title: Senior Manager – Accounting Policy

Location: Washington, D.C.

Minimum experience: 4 – 6 years public accounting experience or equivalent experience

Description: This Senior Manager of Accounting Policy will work with his/her Director and peers to ensure up-to-date company-wide accounting policies in compliance with relevant authoritative accounting literature. The Senior Manager will interact with internal customers (e.g., business units, Accounting Operations and financial reporting) to understand new transactions/business changes, research technical accounting literature and provide applicable accounting guidance.

Responsibilities: Evaluate new business initiatives, products and changes to the business through interaction with internal customers, understanding the facts and researching applicable technical accounting guidance; Write accounting policy memos documenting facts and applicable accounting policy guidance and discuss proposed accounting guidance with Directors, VPs and others within Accounting Policy Address implementation issues and questions; Interact and coordinate with consultants, auditors, and other stakeholders; Monitor accounting developments through the accounting setting process, communicate status of projects and impact to Fannie Mae, and provide guidance on the implementation of new accounting standards; Prepare and review SEC and other external reporting relating to assigned areas.

Skills: CPA required; Experience in the interpretation and application of SFAS No. 166, SFAS No. 167, FIN No. 45, SFAS No. 133, SFAS No. 5/114, SFAS No. 15/65, SFAS No. 115 and/or SFAS No. 157; Relevant SEC experience preferred

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

KPMG

Rumor Mill: Tim Flynn Paying a Visit to Montvale Today?

Caleb Newquist
December 17, 2009

That’s what we’re hearing! A source has informed us that TF is in the Garden State today “announcing a significant amount of outsourcing within the IT practice of the firm.”
Our source also indicated that TF — currently running second in the Accountant of the Decade vote — is:

…making general statements about the firm as a whole in regards to outsourcing. We were told that if we were getting outsourced there would be “advanced warning” or that they would try to move people around without letting them go, etc.

“Advanced warning” like a flare gun? Church bells? A lighthouse? The people need something more specific, TF.
It sounds both internal IT and advisory IT professionals are getting the pleasure of the pep talk so if you were there (or going this afternoon, rumor is there’s two meetings), send us your thoughts and discuss.

On Campus

Accounting Program Rankings: Open Thread

Caleb Newquist
December 17, 2009

A tipster pointed us to a link that went up on Tuesday over at the College of William & Mary’s Mason School of Business that announced the school as the “number one ranked small school for both their undergraduate and Master of Accounting programs.”
The website gives us the lowdown on the Public Accounting Report’s 2009 Annual Survey of Accounting Professors :

For the first time, the rankings have been split into three categories: small, medium and large schools, according to the number of teaching professors at the institution. The school rankings are based on professors’ ranking of accounting programs on a 1 to 10 scale in answering the question, “which programs consistently turn out students capable of some day attaining partner status?”

Judging by our partner thread poll over 60% of you aren’t interested in making partner and only a small percentage of you will actually become parters, so the question seems narrow to us.
We did some looking around and the only other school we’ve found that is making any noise about this so far is the University of Texas’ McCombs School of Business:

Following a venerable tradition in the PAR, McCombs continues to excel across all three rankings–undergraduate, graduate, and PhD.–each of which ranks the top 25 programs in the nation.

tu UT ranks #2, #1, #1, and #1 in undergrad, grad, doctoral (teaching), and doctoral (research). The #1 ranked school for the undergrad program was the University of Illinois at Urbana-Champaign but nothing appears on the website yet.
So if only two schools are making a fuss about this, the question is worth asking: do the rankings mean anything? The Big 4 recruit at many schools and it’s no secret that academic “prestige” does not guarantee professional success so are schools making a BFD out of something of marginal importance?
Our question is merely our own musing so opine it if you like but this is an open thread on accounting school rankings so discuss at nauseam whatever you like. If your school has sent out an announcement related to the “Public Accounting Report’s 2009 Annual Survey of Accounting Professors” toss it our way and we’ll update the post with other rankings.
UPDATE: Check out select placement stats for the College of William & Mary and UT Austin here.
McCombs Tops List of Accounting Programs in Latest Ranking [McCombs Today]

Don’t Forget about the Ernst & Young Holiday Rager Tonight!

Caleb Newquist
December 17, 2009

In case you’ve been so distracted by the Tiger Woods story that everything else has been pushed to the back corners of your mind, we’ll remind you that New York FSO Holiday Party is tonight from 6 to 10 pm over at Tavern on the Green.

For the less fortunate of you, this may be your last chance to get some shameless ass-grabbing done. So if you’ve got nothing better to do, we suggest you check it out.

On the booze front, we’re keeping our fingers crossed that you’ll have open bar, but judging by the actions of other E&Y offices, you might want to stop by the ATM just in case.

Our invite appears to have gotten lost so if someone wouldn’t mind sending ours over that would be great. We’ll accept especially festive pics in lieu of an invite (read: JIM. TURLEY. DANCING.) Have a great time, and don’t forget who you’re representing (?).

Preliminary Analytics

Preliminary Analytics | 12.17.09

Caleb Newquist
December 17, 2009

• Ben Bernanke: Time’s “Person of the Year” – The JDA almost fools you into thinking that she wasn’t that upset over Time’s selection. [JDA]
• BofA Taps Moynihan as CEO – The search is now on for the location for the Ken Lewis send-off. [WSJ]
• Proxy Disclosure Of Stock-Based Comp To Change Under SEC Final Rule Approved Today [FEI Financial Reporting Blog]
• SAC Capital, Steve Cohen (And His Brother) Sued By Ex-Mrs. C – She’s alleging insider trading, concealing of assets during their divorce, and wants $300 mil for her trouble. [DB]
• Citi to Suspend Foreclosures for 30 Days – “The New York-based bank said Thursday the suspension will run from Friday through Jan. 17. It applies only to borrowers whose loans are owned by Citi. Borrowers who make payments to Citi but whose loans are owned by other investors are out of luck.” [AP via NYT]

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