Barney Frank is stumped. Trying to figure out why Maxine Waters is MIA is one thing, but picking the evil mastermind behind the shakedown of Ken Lewis is a completely different enigma.
Even if Paulson ordered the code red, the Sass from Mass is pretty sure that was the right thing to do because we need guys like HP on that wall. When you’ve got the imminent financial apocalypse knocking at your door, threatening a bank CEO of questionable sobriety cannot be handled by someone of meekness and mild temperament (ahem, B-squared).
Hank Paulson did before and he’d do it again. He’d just rather you said “thank you” and went on your way.
Frank Says No “Villain” in Bank of America-Merrill Lynch Deal [Bloomberg]
What Say You? Are Early Promotions a Crock?
It’s about the time of year where the Big 4 start announcing promotions and with promotions come the inevitable debate about who got promoted, who didn’t, hating on some, congratulating others, and ugly debates over those that were promoted early.
Early or skip promotions are never short on controversy. As one source put it “[early promotions] are completely arbitrary and situational, merit generally doesn’t play into it”.
The claim will often be made that someone needs to fill an empty role on a team. Sometimes it is a purely bullshit political situation and there have even been cases where older associates are promoted early based on their age and other work experience regardless of their performance with the current firm.
In one case, another source told us about an associate that was promoted to manager in three years (i.e. promoted early twice) but it was pretty clear to the most of team (i.e. staff) that the person was hardly ready for the pressures and responsibilities of being a manager.
The other side of this debate are the professionals that are actually performing at a high enough level to warrant the early promotion (no, really). Granted the situation has to arise where the individual has the opportunity to take on greater responsibility and thus proves him or herself but if someone does step up (read: working 24/7) to the plate on several occasions, maybe the promotion is warranted.
Because of the hierarchal nature of accounting firms, this may not even be an issue in your office but it does happen with freakish regularity at other offices. Let’s us know what your office has done in the past and what is going on this summer now that were in swing of promotion season. Feel free to discuss in the comments or email us your inside info to tips@goingconcern.com.
Center for Audit Quality Continues to Be Made Up of Firms Doing Bad Audits
Per Web CPA, the Center of Audit Quality has re-elected the four members of its governing board:
Ernst & Young chairman and CEO James Turley has been unanimously re-elected to serve a second term as chair of the governing board. Michele Hooper, co-founder of The Directors’ Council, and AICPA president and CEO Barry Melancon will extend their service as co-vice chairs. Harvard business administration professor Lynn Paine has been re-elected as a public board member.
BFD, right? Perhaps but it’s worth noting that the rest of the board is also primarily made up of representatives from large firms:
Crowe Horwath CEO Charles M. Allen, former SEC Commissioner Harvey J. Goldschmid, PricewaterhouseCoopers Chairman Robert E. Moritz (who replaced Dennis M. Nally on the CAQ board), Grant Thornton CEO Edward E. Nusbaum, Deloitte CEO Barry Salzberg, McGladrey & Pullen managing partner David R. Scudder, KPMG CEO John B. Veihmeyer (who replaced Timothy P. Flynn on the CAQ board) and BDO Seidman CEO Jack Weisbaum
In case you’re not counting, all Big 4 firms are represented along with BDO and Grant Thornton. That’s all well and dandy and I’m sure these guys could at least audit their way out of a paper bag but has it occurred to anyone that all these “representatives of the industry” work for firms that continue to have problems with AUDIT FAILURE?
The list is long of pending litigation but the firms don’t really seem to mind because they’ll claim TBTF. They have the AICPA set out this nice little group, focused on “audit quality” in order to put out press releases about the “work” they’re doing, meanwhile, audits still keep blowing up. Yeah, I guess re-electing the same people will be fine.
CAQ Governing Board Re-elected [Web CPA]
Our Speculation About the Motivation Behind Deloitte’s Most Recent Survey
Big accounting firms like doing surveys. We’ve often thought about the motivation behind the constant surveys and further wonder if firms ever josh the numbers around out of a personal vendetta against its rivals, enemies, former clients, etc.
Deloitte’s survey that states that American consumers are planning on spending less this back-to-school season causes us to speculate as to why the Big D would do such a survey? It’s a nice little press release we suppose. Shows that the firm is plugged into the current state of the economy, etc., etc. But then we got to thinking about how Heelys, the obnoxious shoes with wheels, recently dumped Deloitte because their fees were too high in favor of Grant Thornton.
Far be it from us to speculate about the temperament of a Big 4 accounting firm when it has business swiped away by a second-tier firm but isn’t it possible that Deloitte is bitter about the whole sitch? Isn’t it possible that Deloitte is merely putting out this survey as a way to scare consumers out of spending money on back-to-school junk like Heelys?
Back-to-School Shoppers Plan to Spend Less, Save More [Bloomberg]
Foxy Brown and Toni Braxton Hate Paying Taxes: Just Like the Rest of Us!

Being a celebrity is tough. You see all that money roll in and then when you find out you have to pay almost 50% in taxes on it, that might just piss you off a little. It pisses off some celebrities enough that they just decide they’re not paying Uncle Sam jack. Then there are those that just forget to pay (*cough* Willie Nelson *cough*).
The two newest members of the tardy tax payers are hip-hop artist Foxy Brown and R&B singer Toni Braxton. Brown owes the IRS $641,558 in back taxes for the years 2003 to 2006. Braxton owes just over $71k to the IRS but she’s got some history of financial trubs: she filed for bankruptcy in 1998 with over $1 mil in debts so she’s probably familiar with the collection-type protocols.
Our advice to the two ladies would be take the Lehman Brothers approach on this and get some of that Foxy Brown and Toni Braxton schwag on eBay.
Foxy Brown’s prison jumpsuit from Riker’s? Toni Braxton’s Grammy trophies (or maybe just the underwear-is-optional dress)? We want to hear what kind of mementos you readers would be willing to plunk down your hard earned cash for to help these ladies out.
Foxy Brown, Toni Braxton In Tax Trouble [AllHipHop.com via TaxProf Blog]
Scoping | 07.21.09
First, some shameless promotion:
• Breaking Media Launches Going Concern [Media Bistro]
• New Finance Blog Aims To ‘Make Accounting Sexy’ [Media Post]
• Site launched to follow accounting industry [Talking Biz News]
And the rest:
• California Budget Deal Reached By Legislators, Schwarzenegger – “The deal, reached by legislative leaders after two months of frequently acrimonious negotiations, would slash spending for schools, public works and welfare programs amid the longest recession since the 1930s. If approved by the full Senate and Assembly, the agreement will also siphon money from municipalities, force companies and individuals to pay income taxes sooner and make it more difficult to receive state aid.” [Bloomberg]
• Swiss Banks Freeze Out U.S. Clients – “In a sign that UBS AG’s high-profile spat with the Internal Revenue Service is chipping away at Switzerland’s private banking industry, some Swiss banks are cutting off or curbing business with American clients for fear of crossing U.S. authorities.” [WSJ]
• ‘Spy scandal’ hits Deutsche Bank – “Deutsche Bank has confirmed it faces a possible criminal investigation into spying allegations.” [BBC]
Review Comments | 07.20.09
• Lawyer: Ernst auditing helped sink Hinsdale’s Superior Bank – Plaintiff Alan Schein is still claiming conspiracy on E&Y’s part. [Daily Herald]
• Securities Lawsuits Plummet in 2009 – Because they’ve all been filed already [CFO.com]
• Stanford case spreads its tendrils – For a Ponz that simply offered CD’s with out of this world interest rates, the international law and jurisdictional aspects will turn your head in knots. [FT.com]
• TD Ameritrade Settles Securities Case – “TD Ameritrade Inc. agreed to buy back $456 million of auction-rate securities from its clients as part of a settlement with New York Attorney General Andrew Cuomo, the Securities and Exchange Commission and Pennsylvania securities regulators.” [WSJ]
Lehman Working to Pay Off Debt, One Tchotchke at a Time
In a couple months it will be at the one year anniversary of the collapse Lehman Brothers. In order to catch you up on the firm’s progess in paying off the $250 billion in debt owed to creditors, we proudly present The Lehman Store, courtesy of eBay.
So far the Lehman Store has 100% positive feedback with comments such as: “Great Lehman tie and excellent delivery time.” and “A+ SELLER”.
Lehman couldn’t be more pleased, “‘We are really excited to be able to offer this to the public because there is a demand,’ said Lehman spokeswoman Kimberly Macleod in a telephone interview.”
“There is a demand“, people. And since there are currently 66 items on the auction block, you’d better get on this, PRONTO.
Lehman Holds EBay Garage Sale, Hawking Trinkets to Pay Off Debt [Bloomberg]
IRS Agent Threatens to Kill Treasury Agents Then Throws a Conniption Fit
Perhaps buckling under the mere thought of looking through 52,000 different UBS accounts for tax evasion, an IRS Agent in Valencia, CA threatened Treasury Agents with “I’m going to kill all of you!” when they attempted to search his home.
When the agents tried to serve the warrant, Bront tried to rush back inside his home, where he kept three loaded guns, but a Treasury agent aimed a gun at him and another drew out a baton. After his arrest, he kicked the front seat of the law enforcement vehicle and pounded the door with his elbow before telling the agents he didn’t mean it when he threatened to kill them.
Not withstanding the seriousness of threatening federal officers, the image of a 49 year old man kicking the front seat of a car like a child that didn’t get any ice cream is almost too much for us to bear.
IRS Agent: ‘I’m Going to Kill All of You!’ [Web CPA via TaxProf Blog]
Ernst & Young Is Here to Help (For a Small Fee)!
We thought that Ernst & Young was advising the New York Fed on the winding down of AIG out of the goodness of their hearts but it turns out it’s actually about the money.
E&Y could make as much as $60 million advising the New York Fed, which is 50% more than the initial agreement, according to Bloomberg. The NYF is also reimbursing E&Y for expenses, up to 10% of the professional fees. This occurs after the parties had initially said $40 million would be the cap but $60 mil is it, we swear, no more.
And because E&Y is solid like that, the firm is billing out partners and directors at discounted rates ($775/hour). I mean, ’cause, let’s face it, this thing’s a mess and E&Y is going to be working hard, working late, working weekends.
Ernst & Young’s Maximum Pay for AIG Advice Swells [Bloomberg]
SHOCKER: Number of Fraud Cases in the Courts is High
In probably the most shocking news of the day, KPMG’s “fraud barometer” reports that the number of fraud cases in UK courts in the first six months of the year are the highest since the firm started issuing the report, 21 years ago.
Here in the states, the big sexy fraud gets all the attention but there is plenty of small fraud to go around. Plus, the bright side is, we’ve haven’t seen anything yet:
“These figures are bad, but the worst is yet to come,” Hitesh Patel, a partner at KPMG, said. “It will be a number of years before the impact of the recession fully feeds through into the fraud statistics.”
So our advice would be for any of you that are nervous about layoffs, look into getting transferred to the forensic accounting practice. You won’t be out of work any time soon.
Record total of fraud cases in court – and worse to come [FT.com]
Madoff Already has Respect in Prison and He Hasn’t Even Gotten Started
Whenever you’re the new guy, things can be awkward for awhile. Not for Bernie Madoff. The Master de Ponz has been in prison for less than a month and the guy is thriving already:
Some of his fellow inmates, in fact, respect him for being a stand-up guy who pleaded guilty without implicating any of the other people strongly suspected of helping him pull off the fraud that swindled more than 1,000 people out of more than $65 billion over two decades. “He got a lot of respect from other inmates because he didn’t tell on anybody, he didn’t take everybody down with him,” the source said.
That’s right people, RESPECT.
The Post, never short on the melodramatic, is focusing on the inmates that are looking to slap around ole Bern to get themselves a little respect. We don’t buy it. Anyone looking to rough him up will have a change of heart as soon as they hear about the outstanding year over year double-digit returns he’ll get you on those Lucky Strikes.
UPDATE, 3:37 PM: A guy sometimes gets a little distracted from personal appearance when he’s being trucked around. Check out DealBreaker for Bess Levin’s take on Butner’s new Mr. Popular.
BERNIE IN THUGS’ SIGHTS [New York Post]
