Please ensure Javascript is enabled for purposes of website accessibility

Search Results for: Satyam

Accounting News Roundup: Budget Stalemate Continues; Satyam Saga Far From Over; Roy Jones, Jr. Gets TKO’d by Tax Lien | 04.07.11

Obama Presses for Budget [WSJ]
President Barack Obama emerged from a late-night meeting Wednesday with House Speaker John Boehner and Senate Majority Leader Harry Reid saying the two parties had moved closer to a spending agreement to avoid a government shutdown Friday, but no deal had been struck. “What [the talks] did was narrow the issues and clarify the issues that are still outstanding,” Mr. Obama said. He was confident a deal could be reached to fund the government for the rest of the fiscal year, he said, but “it’s going to require a sufficient sense of urgency from all parties involved.”

IRS Commissioner See Tax Filing Process [Bloomberg]
U.S. Internal Revenue Service Commissioner Douglas Shulman outlined a “vision for a more real-time tax system” that would reduce the need for audits after returns are filed. Shulman said the IRS should receive all paperwork such as W-2 and 1099 forms before individuals file their returns. That would allow the agency to flag potential problems before it processes tax returns, instead of sending out refund checks and then starting audits.

Mayor Drops Accident Tax After Criticism [WSJ]
Mayor Michael Bloomberg has decided to drop his administration’s controversial plan to charge motorists involved in accidents for emergency-response services, a coup for City Council Speaker Christine Quinn. A Bloomberg administration official confirmed Wednesday afternoon that the mayor withdrew the proposal in the wake of opposition from Ms. Quinn. “The speaker made a strong case against it,” the official said.

Warren ‘Do-Right’ Buffett Gives Errant Kiss [Bloomberg]
[W]e can admire his talent for securities analysis, and his success at building an empire and making himself and lots of other investors rich. But let’s put to rest the exaltations about his plain talk and his eye for strong character. He’s a corporate chief executive officer, for goodness sake. These are the kinds of dodges we’ve come to expect from many CEOs. Buffett, whose record of reputational hits is long and varied, is no exception.

Price Waterhouse India Settles With Regulators But Satyam Saga Not Over [Forbes]
Settlements with Price Waterhouse (PW) India, the US-registered audit firm of PricewaterhouseCoopers (PwC), and Satyam, the Indian outsourcing company that blew up in a dramatically public and fraudulent fashion in early 2009, will probably provide significant ammunition to private lawsuits still pending in New York and court hearings in India.

Eliminating opportunities for fraud in companies [Fraud Files]
Fraud prevention policies and procedures sometimes have a tendency to focus on the smaller thefts. While those types of defalcations occur most often, they are not the most expensive. The financial statement frauds are the most devastating monetarily, and therefore must be fought aggressively.


Uncle Sam pummels boxing great Roy Jones Jr. [Tax Watchdog]
Boxers seem to only trail hip-hop artists in tax compliance futility.

Who Benefits From Those Tax Breaks? All of Us. [TaxVox]
“We have met the enemy and he is us,” said the cartoonist Walt Kelly. He was talking about preserving the environment, but he could have been describing our national addiction to tax credits, deductions, and exclusions.

Accounting News Roundup: Satyam Hustles to Get Back on U.S. Exchanges; Honesty Motivates People to Pay Taxes; Grant Thornton Names New Head of Wisconsin Practice | 04.06.11

Satyam Expedites Legal Settlements [WSJ]
The new management at India’s Satyam Computer Services Ltd. wants to overcome all of the legal hurdles facing the fraud-hit company as fast as possible – even if it means shelling out a few bucks – so it can get back on the U.S. exchanges. Late Tuesday, the U.S. Securities and Exchange Commission said Satyam has agreed to pay $10 million to the regulator to settle charges that the software exporter engaged “in a massive accounting fraud.”

Two guilty pleas in NJ in $880 mln Ponzi scheme [Reuters]
Roberto Torres, 76, and his son Alejandro, 39, a former Capitol accountant, each admitted to one count of securities fraud on Monday before U.S. District Judge Susan Wigenton in Newark, New Jersey, U.S. Attorney Paul Fishman said. The pleas follow the guilty plea last Sept. 15 by Nevin Shapiro, Capitol’s chief executive and a Miami Beach, Florida resident, to securities fraud and money laundering counts. Prosecutors said each defendant admitted that more than 50 investors lost between $50 million and $100 million in the scheme, which ran from January 2005 to November 2009 and helped Shapiro repay earlier investors and fund a lavish lifestyle.

Dish Network Wins Auction for Blockbuster [DealBook]
After a bankruptcy auction that extended into the early hours on Wednesday, Dish Network announced that it had emerged as the winner of Blockbuster’s assets, with a bid valued at $320 million. Dish, the satellite television company, is set to pay roughly $228 million in cash, after accounting for certain adjustments. And the deal is expected to be completed in the second quarter.

Would You Let Your Employer Track You? [FINS]
When asked if they would accept a “dream job” if it required GPS tracking via Blackberry, 52% of 545 respondents said “yes” in the FINS.com online question forum Sign or Decline. But when asked if they would accept the job if the tracking was done via a microchip implant, only one in five respondents said yes.

Why People Pay Income Taxes [Economix/NYT]
Mostly because people are honest…yes.

White House Releases New Tax Calculator [Tax Foundation]
Don’t worry, it doesn’t appear Joe Biden had anything to do with it.


IRS: Japan Earthquake-Tsunami Constitute ‘Qualified Disaster’ for Tax Purposes [TaxProf Blog]
If it was anyone other than the IRS, we’d think that this determination took a little longer than necessary.

Grant Thornton names new managing partner for Wisconsin [MJS]
Grant Thornton LLP said Tuesday that Jeff Robinson has been appointed office managing partner for the firm’s Wisconsin practice. Robinson replaces Melissa Koeppel, who will move into a national role, working directly with Grant Thornton’s chief operations officer on strategic projects.

PwC India Affiliates Settle with SEC, PCAOB Over Satyam Audit Failures

The affiliates – Lovelock & Lewes, Price Waterhouse Bangalore, Price Waterhouse & Co. Bangalore, Price Waterhouse Calcutta, and Price Waterhouse & Co. Calcutta – must pay $6 million to the SEC, $1.5 million to the PCAOB and are barred from accepting U.S.-based clients for six months. The SEC fine is the largest ever levied against a foreign-based accounting firm in an SEC Enforcement Action and the PCAOB fine is the largest in the regulator’s history. PW India must also “establish training programs for its officers and employees on securities laws and accounting principles; institute new pre-opinion review controls; revise its audit policies and procedures; and appoint an independent monitor to ensure these measures are implemented.” The SEC’s press releasilures “were not limited to Satyam, but rather indicative of a much larger quality control failure throughout PW India.”

More from Bob Khuzami & Co.:

“PW India violated its most fundamental duty as a public watchdog by failing to comply with some of the most elementary auditing standards and procedures in conducting the Sataym audits. The result of this failure was very harmful to Satyam shareholders, employees and vendors,” said Robert Khuzami, Director of the SEC’s Division of Enforcement.

Cheryl Scarboro, Chief of the SEC’s Foreign Corrupt Practices Act Unit, added, “PW India failed to conduct even the most fundamental audit procedures. Audit firms worldwide must take seriously their critical gate-keeping duties whenever they perform audit engagements for SEC-registered issuers and their affiliates, and conduct proper audits that exercise professional skepticism and care.”

For the PCAOB, Chairman James Doty:

“The reliability of global capital markets depends on auditors fulfilling their obligation to investors to perform robust audits, resulting in well-founded audit reports. Two of the PW India firms, PW Bangalore and Lovelock, repeatedly violated PCAOB rules and standards in conducting the Satyam audits. These confirmation deficiencies contributed directly to the auditors’ failure to uncover the Satyam fraud.”

And Claudisu Modesti, the Director of Enforcement:

“Accounting firms that audit U.S. issuers, including affiliates of international accounting networks, provide an essential bulwark for investors against issuer clients that are committing fraud. PW Bangalore and Lovelock repeatedly failed to meet their obligation to comply with PCAOB standards, and these failures contributed to PW Bangalore and Lovelock failing to detect the fraud committed by Satyam management.”

You can see both the enforcement actions on the following pages. As for the firm, here’s a portion from PW India’s statement:

The SEC and PCAOB orders found that PW India’s audits of Satyam did not meet US professional standards and, as a result, did not discover the fraud underlying Satyam’s 2005-2008 financial statements. The orders make clear that Satyam management engaged in a years-long fraud, going so far as to create scores of fictitious documents for the purpose of misleading the auditors.

These settlements, in which PW India neither admits nor denies the U.S. regulators’ findings, apply only to the U.S. regulatory enquiries into Satyam. Neither of the orders found that PW India or any of its professionals engaged in any intentional wrongdoing or was otherwise involved in the fraud perpetrated by Satyam management. The settlements mark the end of the Satyam-related U.S. regulatory enquiries concerning PW India and are a positive step and important milestone in putting the Satyam issue behind PW India. PW India remains hopeful of resolving the outstanding enquiry with the Indian market regulator.

Sounds a little defensive, doesn’t it? Here’s what PwC International Ltd. had to say:

PricewaterhouseCoopers International fully supports PW India’s decision to resolve these issues with the US regulators and is hopeful that an agreed resolution will also be reached with the Indian market regulator. The PwC network will continue to work closely with PW India as it fulfils its commitments to its regulators, its clients, and to the Indian and global marketplaces.

PricewaterhouseCoopers International is committed to a PwC presence in the vibrant and fast growing Indian marketplace.

“India is a key market for PwC and we are committed to working with our colleagues in India to build on a successful practice with quality at the centre of everything it does,” said Dennis Nally, Chairman of PricewaterhouseCoopers International. “The last two years have been challenging for PW India but I believe that PW India has learned the lessons of Satyam, made the right changes and is on a sound footing to move forward, dedicated to quality work.”

This may be a foreign firm but it makes us wonder if the SEC and PCAOB are just getting warmed up. Mr Doty and SEC Chief Accountant James Kroeker will be on the tomorrow’s panel that we will be live-blogging and it will be interesting to hear what they have to say.

SEC_PW India

PW_India

Apparently There’s a Food Chain for Satyam Blamestorming

The head of the Institute of Chartered Accountants in India seems to feel as though 2009’s massive Satyam failure was not, in fact, a failure of the auditors but levels before the auditors and then the auditors. “There were promoter shareholders, executive directors and directors, and the auditors were the last rung. On the other side, there were independent directors, one of whom was a dean of the Indian School of Business, but nobody questions the role of independent directors.”


Amarjit Chopra feels corporate governance (or should that be complete lack of…) is to blame, not the PwC auditors who somehow missed the following:

• $1.09 billion in artificially inflated cash and bank balances (psst, baby auditors, that’s called a material amount)

• $81.59 million in accrued interest that was accrued out of thin air and never existed

• An understated liability of $266.91 million

• An overstated debtors’ position of $575.27 million that was more like $106.33 million (oops)

Maybe PwC should have waited for Chopra’s comments. Had they done so, they wouldn’t have already come out and admitted they missed a few issues on the September 30, 2008 Satyam balance sheet:

The former [Satyam] chairman has stated that the financial statements of the company have been inaccurate for successive years. The contents of the said letter, even if partially accurate, may have a material effect (which is currently unknown and cannot be quantified without thorough investigations) on the veracity of the company’s financial statements presented to us during the audit period. Consequently, our opinions on the financial statements may be rendered inaccurate and unreliable.

So if that’s the case, someone remind me why we even have auditors then? Sure financial statements belong to management but aren’t auditors there to give everything a good once-over to ensure giant fraud is not staring them directly between the eyes? You’d think at least one of those brilliant Indian first years would have realized that cash was a tad high once they started doing the work.

Release of Satyam Founder Ensures That No Progress Will Be Made in the Investigation for the Foreseeable Future

We’re getting used to this.

Chances of a speedy resolution to l’affaire Satyam receded on Wednesday with the Andhra Pradesh high court granting bail to the company’s founder and former chairman, B. Ramalinga Raju, freeing, albeit temporarily, the last of the accused in a corporate fraud that came to light in early 2009 with Raju’s confession and whose magnitude has since doubled to a claimed `14,000 crore.

Raju’s release is a setback for India’s federal investigating agency, the Central Bureau of Investigation (CBI), which is yet to produce him in court in person. Arrested on 9 January 2009, Raju has been undergoing treatment for Hepatitis C at Nizam’s Institute of Medical Sciences, Hyderabad.

On 16 August, he retracted his confession in the trial court by responding in the negative to questions posed by the court about the fraud. The burden of proof for Raju’s fraud now rests with CBI. And now, he is out on bail—for two sureties of `20 lakh each.

India’s minister for corporate affairs Salman Khursheed insisted that Raju’s release would not “hamper the ongoing investigation”.

Satyam case weakens with Raju’s release [Live Mint]

The Restatement That Never Ends: KPMG Hasn’t Received Necessary Docs for Satyam

Back in June we told you about Satyam requesting just a wee bit more time to nail down their restatement of their financial statements. It wasn’t because KPMG and Deloitte weren’t working their asses off, it was more of commitment to get things right. Putting good numbers out there, repairing broken trust, so on and so forth.

Well! The three month extension ends next month but as you might expect, there’s a bit of a problem. More specifically, KPMG is now saying that they haven’t received the documentation necessary to finish the job. Unless everyone is okay with some wild-ass guesses, in which case they can proceed.

[F]or all its documents, KPMG had to depend on the [Central Bureau of Investigation (“CBI”), which is investigating the scam.

NDTV has learnt that KPMG’s analysis of the documents don’t match with the CBI’s. There is a discrepancy between the two which amounts to over [$200 million].

CBI has based its calculations on estimates of Satyam’s assets and liabilities while KPMG says they need documentation to base their estimates.

KPMG says that they didn’t get all the documents needed to make a clear assessment which is why the accounts are likely to be re-stated full of riders.

But again, if you’re cool with some double-entry hocus-pocus, that can be arranged. There’s a merger at stake after all, “This confusion in the numbers could hold up Satyam’s merger with Tech Mahindra, which needs the go ahead from market regulators in India and the US, since Satyam is also listed in the US.”

Good luck getting that U.S. approval.

Satyam accounts restatement: KPMG’s analysis differs with CBI’s [NDTV]

Satyam: Does Anyone Mind if We Take Another Three Months to Finish Our Restatements?

With just a couple weeks until the June 30 deadline for the company to issue its restated financial statements, Satyam is requesting just a little more time to get this mulligan nailed down. Three months to be precise.

Yes, they’re completely aware that it’s been nearly 18 months since the shit hit the fan. And yes, this is the third time they’ve asked India’s Company Law Board (“CLB”) for an extension on the filing but at this point they figure expectations are so low, no one will get too worked up over it.


Except for an “analyst with a leading brokerage house.” who is quoted in the Business Times, “There is no clarity on what is happening within the company. They should have at least provided the current sales figure or the bench strength. How is the shareholder supposed to rate their stock?”

Since more than a few people might be caught up in “sales figures” and whatnot, Satyam went to the trouble to let everyone know that they’re working hard, ordering in, etc. etc. so you can rest your pretty little heads:

A Satyam official said, “The records have been under the custody of investigating agencies and we recently got a court clearance. Also, our auditors (KMPG and Deloitte) told us they need some more time for the restatement. It’s only a matter of a quarter.”

See? It’s just a matter of a quarter. Plus, you can’t really blame them – KPMG and Deloitte are the ones saying they need more time. Satyam has likely been bugging them for months about wrapping up but KPMG and Deloitte are probably complaining, saying things like, “we can’t find any documentation to supports these numbers” and “this doesn’t add up.”

So, TFB if some whiny analysts don’t like it. We’ll just find out just how big of nightmare these financial statements will be in due course.

Accounting News Roundup: Satyam Auditors Barred by PCAOB; TheStreet.com Pulls an Overstock.com; How High Are Your State’s Property Taxes? | 03.18.10

• US accounting watchdog sanctions Satyam’s auditors [Reuters]
Siva Prasad Pulavarthi and Chintapatla Ravindernath, the two auditors that were arrested in India for their roles in the Satyam fraud, have been barred by the PCAOB from “being an associated person with a registered accounting firm.”

The Board who released the two orders against the men on Monday, that describe their efforts to get them to testify about their roles in the engagement last spring but they refused to cooperate, “After several attempts to accommodate Respondent with respect to the dates and location of testimony, including a delay to allow new counsel to become familiar with the matter after Respondent changed counsel, Respondent, through counsel, informed the Division in January 2010 that he would not comply with the Demand for testimony.”


• TheStreet.com To File Annual Report Late On Accounting Review [WSJ]
TheStreet.com announced yesterday that it was pulling an Overstock, delaying the filing of its 10-K for 2009. The Company, founded by sound effects specialist Jim Cramer, said that in a filing that it and Marcum (its auditor) needed to “focus attention on matters related to the Company’s previously-announced review of the accounting in its former Promotions.com subsidiary.”

In other words, the SEC is snooping around the accounting which typically is not a good sign (just ask Jim!). Despite this little bump in the road, the company assures everyone that it will “be able to file its 2009 Form 10-K on or before the fifteenth calendar day following the prescribed due date.”

• Lowest and Highest Property Taxes [Tax Policy Blog]
This map, courtesy of Tax Policy Blog, shows Texas claiming top prize for highest property tax (as a % of median home value), with New Jersey not far behind:

Accounting News Roundup: KPMG Survey: Half of Execs Want Option to Adopt IFRS Early; PW India Plea Rejected on Satyam; Two-thirds of States Have Raised Taxes Since Recession Began | 03.09.10

• Half of US execs want to use IFRS early-survey [Reuters]
KPMG surveyed some shot-callers and lo and behold, half of them are ready to get down with International Financial Reporting Standards before the SEC’s target date of 2015. That’s if the SEC is even down with the whole idea.

KPMG’s surveyed also discovered that executives would like the SEC to be a little more transparent with their plans re: IFRS. You know, other than more meetings.

“Many U.S. companies with subsidiaries around the world are already using IFRS for statutory reporting,” said Janice Patrisso, partner and national IFRS leader at KPMG. “For them, having the option to synchronize it all up front at the U.S. company is a positive.”
…
Patrisso said companies with international subsidiaries that have already made conversions to IFRS were looking at the way those units had chosen to use the rules. They are also preparing for changes U.S. and international accounting rulemakers are making to converge the two sets of rules.

It’s nice to see some pushback to the SEC’s waffling. Despite where you fall on the IFRS debate, most people would agree that allowing businesses to make their own decisions about what financial reporting method to use (as long as it is consistent and high quality). Especially since the AICPA recognized the IASB as an official standard setter, thus giving private companies the go-ahead on IFRS, shouldn’t public companies be allowed the same freedom?

While the SEC spends the next five years trying to figure out what all this means, some businesses already see where this is going and don’t want to waste time. The SEC isn’t so enthused.

• PW plea on Satyam probe rejected [Business Standard]
Pricewatherhouse India really wants everyone to forget about Satyam. Their latest plea to the Securities regulator in India, the Securities and Exchanges Board of India (SEBI) has been rejected BUT apparently the firm is going to try making their case again. Sigh.

Don’t get any illusions about this case making any progress, “The next step is for ICAI’s disciplinary committee to send notices to the PW auditors charged by law enforcement agencies in the fraud case…this could happen only after the auditors, under judicial remand, are in a position to argue their case before the committee.” And we complain about the bureaucracy here.

• CBPP: 33 States Have Raised Taxes by $32 Billion/Year [TaxProf Blog]
You may have noticed a state fiscal crises here or there in the last couple of years and by God, they’re trying to do something about it. Unfortunately, the most common solution, according to the Center on Budget and Policy Priorities, is the raising of taxes. Thirty-three out of 50 states have taken a number of measures from eliminating tax exemptions and broadening tax bases to good old fashioned higher sales, income, or property tax rates.

Accounting News Roundup: Satyam Auditor Gets Bail; SEC Drops Civil Charges Against Broadcom Execs; PCAOB Launches Redesigned Website | 02.05.10

• PwC auditor Srinivas gets bail in Satyam case [The Economic Times]
According the Economic Times, the Supreme Court in India “said since the case was based on documents, all of which has already been seized by the Central Bureau of Investigation (CBI), it would be of no use to keep the accused in jail, where he had been lodged since his arrest in January 24 last year.” They also report that the “chargesheet [runs] over 55,000 pages” which seems like a good enough reason to just forget this whole thing.

Seriously, they were just able to come to the conclusion that he didn’t need to be in jail because the documents were TLDR? What army of accountants is on this thing? Will this never end?


• Ex-Broadcom Officials off SEC Hook [WSJ]
Despite all the horn tooting the SEC has been doing, they still manage to mess things up pretty regularly. After criminal charges were dropped against Broadcom executives due to “evidence in the criminal case showed prosecutors tried to influence the testimony of three key witnesses, improperly contacted witnesses’ attorneys and leaked information about grand jury proceedings to the media,” the civil charges have been subsequently dropped.

The Broadcom case if you recall, involved a back-dating scandal but far more interesting were the allegations that Broadcom co-founder William Nicolas III was “conspiring to distribute illegal drugs, including methamphetamine and cocaine,” and providing prosties to clients in underground quarters built specifically for said purposes.

But now Nicolas is sober and it’s all been thrown out and the SEC once again looks like idiots. Sobriety and an incompetent SEC makes for a feel good story.

• PCAOB Launches a Redesigned Web Site [PCAOB Press Release]
It was official yesterday although the new look seems to have been up all week. Acting Chair Dan Goelzer managed to wake from his nap to throw in his boilerplate statement, although by the looks of the guy, were not sure he knows how to use email let alone give an opinion on the website: “The redesigned Web site enhances the PCAOB’s transparency efforts by making registration, inspection, standard setting and enforcement information more accessible and user-friendly to the investors, auditors and other interested parties who use our site.”

In other news, it appears that despite the decent salary no one wants to be the non-acting Chairman. Not that it’s an important position or anything.

Dennis Nally: Satyam Scandal Has Damaged PwC Brand

While kicking it in Davos, Dennis Nally had to have known that eventually he was going to have to answer questions about his mother of all nightmares, Satyam. Having just passed the one year anniversary of the cat being let out of the bag about, you know, totally bogus numbers, everyone is talking about it. In India.

CNBC India caught up with Nalls and considering everything that’s going down, DN doesn’t seem worried. He’s leading P. Dubs full steam ahead into India; there’s no crying over failed audits, “Without question the firm has had real challenges in India but that has not changed my outlook and view on the importance of India economy to global economic picture.”


Stoic; as he should be. Not that the firm hasn’t had to do a little damage control. But no worries; Dennis is a man with a plan, “We just need to continue to deliver, service our clients, respond to their needs, help them deal with their issues and challenges. If we do that and we do that consistently over a period of time the PwC brand in India will be as strong and as good as it has been in the past and where we want it to be into the future.”

Plus, this is a blip, an outlier, a rare occurrence, “Any one-off instance can do harm to your brand and that is the reality. Our job is to make sure we are doing everything and we have done a number of things in India to ensure that this would not happen again,” so there’s no cause for concern.

This isn’t Tiger Woods brand damage we’re talking about. It will all be a distant memory before you know it.

Satyam scam has hurt PwC brand: Global Chairman [Money Control]

Happy (Belated) First Anniversary Satyam Fraud!

One.jpgTechnically it was last week but dang, it’s been a helluva year for Satyam and PwC.
Two auditors in jail, the PwC Chairman resigned, Jim Quigely couldn’t wait to tell everyone that Deloitte was the new auditor and P. Dubs would really, really be stoked if everyone just forgot the whole thing ever happened.
Despite the non-existent coverage in the U.S., our contributor Francine McKenna has covered this story from the beginning so we got her thoughts:

What do we know about the scandal one year later – its causes and how to prevent similar frauds in the future? Not much. The experts we should look to for answers, Satyam’s auditors Price Waterhouse India, are accused of being complicit and are still in jail. Who’s guarding the guardians? We’ll have to wait for the shareholders’ lawsuits and the SEC here in the US to hear what really happened, who all benefitted, and who is ultimately responsible.

Judging by the pace of things, we’re guessing the lawsuits won’t be resolved in our lifetime. While we are around however, we’ll keep you updated on what does happen whether it’s reasonable requests from PwC to jailhouse brawls (please God).