Accounting News Roundup: Lehman Unsecured Creditors Want Ernst & Young Docs; Court Doesn’t Allow “Geithner Defense” for Non-Geithner Taxpayer; Contenders for the Head of Deloitte UK Shape Up | 04.20.10

Lehman unsecured creditors seek probe Ernst & Young [Reuters]
The unsecured creditors of Lehman are justifiably nervous about getting anything bank in the wake of the Lehman Brothers bankruptcy. The next best plan of attack, as you might of expect is poke around E&Y to see what they’ve got laying around. Of course Ernst & Young won’t just turn over “certain documents” and make “its employees and partners submit to an oral examination” so the creditors are asking the bankruptcy court to order them to do so.


Tax Court Rejects “Geithner Defense,” Says Reliance on TurboTax Does Not Excuse Taxpayer From Penalty for Errors on Tax Return [TaxProf]
Please note for any of you that will try to pull that excuse:

“Although the Court concludes the errors in petitioners’ tax preparation were made in good faith, petitioners have not established that they behaved in a manner consistent with that of a prudent person. Before the trial petitioners stipulated that they did not consult a tax professional or visit the IRS’ Web site for instructions on filing the Schedule C.

We do not accept petitioners’ misuse of TurboTax, even if unintentional or accidental, as a defense to the penalties on the basis of the facts presented.”

Contenders shape up to replace John Connolly – Deloitte’s big hitter [Times Online]
The head spot for Deloitte in the UK will be up for grabs next year as John Connolly will step down after ten years at the helm. The Times Online reports that even though two candidates have been identified by sources, no campaigning will be allowed, “Mr Connolly conceded that the issue of succession was “in the air” but said that the firm wanted to avoid open competition between potential successors. “We don’t allow people to go around the country calling meetings and giving presentations about why they will be a great leader,” he said.”

Deloitte Offers Insight on How It Plans to Retain Its Workforce

Continuing with Wednesday’s attempt to provide insight on some KPMG H.R. banter, I will try to do the same with a recent Deloitte press release.

What seems to be their attempt to provide the private sector advice on how to prevent an exodus of talent actually sounds like a fluffy internal HR memo. Perhaps the Big 4 should review Deloitte’s top ten list of ways to not get slaughtered by the ever-improving job market:

1. Take advantage of the continuing globalization of talent and leadership markets.

DWB – Raid your competitors of their best talent, downplayed earlier this week.


2. Know your critical leaders and most critical talent. Keep your talent pipeline robust enough to deliver those critical skills.

DWB – Pay your top performers in order to keep them happy. If they receive an offer elsewhere, counter-offer their asses. Because the only inevitable outcome is the loss of some talent, see #1.

3. Prepare for a workforce that is more mobile and quicker to pursue new career opportunities.

DWB – Keep tabs on your people. Job loyalty has gone the way of the dinosaurs Baby Boomers. The “what’s in it for me” mentality is keeping job markets saturated with talented individuals looking for a better deal.

4. Tailor your strategies to address the generational and geographic diversity of your workforce.

DWB – Old people and young people don’t get along. They’ve never gotten along. They never will get along. Accept it and move on.

5. Show your employees both the money and the love. Communicate your employer brand as clearly to employees as you communicate your product brand to customers.

DWB – One part water plus two parts HR spin, stirred. Pour over ice. Serve.

6. Know what it takes to stay ahead of your competitors in retaining critical talent, developing new leaders, implementing workforce planning and driving innovation.

DWB – I don’t have a clue what you’re supposed to learn from this. Money is the main driving force. Money makes people dance for joy or jump ship. If your retained talent is net positive, suhhhweeet.

7. Create clear career paths for employees at all levels.

DWB – I like this one if implemented correctly. The traditional career trajectories are well known; communicate practice-to-practice and geographic rotations. Change – even short term – can refresh one’s career and create a greater sense of loyalty to the firm.

8. Align your leadership development programs with your long-term business goals.

DWB – Every firm has ‘the chosen ones” and invests in additional training, retreats, and leader cultivation courses. This should come as no surprise.

9. Know the real impact of talent retention and voluntary turnover on your bottom line.

DWB – Newsflash: it is not cheap to replace talent. Considering most hires begin their careers as interns, we’re talking years of financial investment in every staff member. From pen giveaways to amusement park tickets, there’s a steep price for every staff member lost!

10. Be a beneficiary — not a victim — of the resume tsunami.

DWB – Perhaps you should revisit point #1.

Accounting News Roundup: Deloitte ‘Encyclopedia’ to Join IASB; South Carolina’s $60 Million Accounting Snafu; CFO Job Market No Longer ‘Totally Dead’ | 04.16.10

Deloitte’s Paul Pacter Appointed to IASB [Web CPA]
Paul “Financial Reporting Encyclopedia” Pacter will resign his part-time position at Deloitte to take a seat on the IASB. Since 2000, he has been on Deloitte’s IFRS leadership team and has worked as the Director for small and medium sized entities for the IASB.

Sir David Tweedie said in a statement that “Paul is a walking encyclopedia on global financial reporting. He served as the determined leader of the development of the IFRS for SMEs, is an expert in both IFRS and U.S. GAAP, and in his spare time has run one of the most popular financial reporting Web sites on the Internet. He will bring a global perspective and immense energy to the board.”


Nearly $60 million accounting error means state budget cut [Charleston Business Journal]
Relative to other states that shall remain nameless, South Carolina’s problems aren’t really a BFD but somehow $60 million being “erroneously…counted as part of the state’s general fund,” as opposed to being earmarked for specific appropriations is still not good.

As a result of this little booboo, $60 million in budget cuts must be found with less than three months until the end of the state’s fiscal year. Such a short time frame could presumably lead to some desperate slash and burn methods. And here we thought the subversive organization legislation would have been a huge revenue stream for the Palmetto State.

Is There a Pulse in the CFO Market? [CFO]
Apparently the CFO job market is no longer ‘totally dead’ as it was from December 2008 to October 2009 and since some are feeling ‘overworked and under appreciated’ (just like you!) there promises to be a bit of a CFO exodus.

Accounting News Roundup: More Dodgy Accounting from Lehman Brothers; Deloitte Announces $100 Million Investment in China; Less Than 100% of Tea Partiers Believe They are Overtaxed | 04.13.10

Lehman Channeled Risks Through ‘Alter Ego’ Firm [NYT]
That alter-ego firm is Hudson Capital and the Times reports that while HC “appeared to be an independent business, it was deeply entwined with Lehman,” citing a Board of Directors controlled by the bank, Lehman’s 25% ownership, and many former LEH employees working at HC. Hudson reportedly provided LEH with financing “while preventing ‘headline risk’,” but the relationship was designed specifically to maximize the utility of Hudson “without jeopardizing the off-balance sheet accounting treatment,” according to memo cited by the Times.


Deloitte To Spend More Money In China For Business Expansion [Dow Jones]
Deloitte is investing $100 million in China over the next three to five years, hiring 1,000 to 2,000 new employees per year, per Global CEO Jim Quigley and Deloitte China CEO Christopher Lu. This follows a five-year, $150 million investment by the firm announced in 2004.

Quigely told Dow Jones, “When I have made my investment decisions as the CEO of Deloitte, the market where we are investing the most is in China. We’ve now expanded. So another $100 million is coming this direction as we continue to want to grow our business here, and take advantage of the opportunities available to serve China companies and to serve companies outside of China who want to invest here.”

66% Say America Is Overtaxed [Rasmussen via TaxProf]
If you needed a poll that shows that Americans hate taxes in order to convince you, Rasumussen is all over it. 66% of people surveyed believe Amecians are overtaxed, as opposed to 25% who disagree. The issue is severely divided politically with 81% of Republicans believing they are overtaxed as opposed to Democrats who were split on the issue. 73% of those surveyed that did not affiliate with either party believe they are overtaxed while 96% of the Tea Party movement believe they are overtaxed.

Jim Quigley Takes Exception with the Notion That Deloitte Isn’t the Biggest Firm in India

You don’t need to tell Jim Quigley that it’s only a matter of time before Deloitte is the largest accounting firm ON EARTH.

In a Q&A with India’s Business Standard, Quigs was asked about the shrinking gap and you better believe the man is all over it like a hard-hitting interview at Davos:


After five years, we have eliminated the gap. They were once $2 billion larger than us.

At $26.1 billion for FY ’09, Deloitte is all over PwC ($26.2 billion in FY ’09) for the Biggest of the Big 4 in terms of revenue. However, JQ was a little more defensive when asked about the firm’s presence in India.

But if one looks at India, the perception is that you are the smallest amongst the Big Four.
I think we are the largest in India when you look at the number of people. We have 12,000 Deloitte people in India and we are on our way to 20,000 people.

In other words, “Thanks for bringing that up but since India revenue isn’t known, head count is how we’ll measure this. And in that particular case, we’re the largest. Next question.”

But a lot of them are your [Business Process Outsourcing] employees at Hyderabad.
Yes, we have about 8,000 people there. And we are growing that towards 15,000. They are focused on serving the global market place.

We have the number one audit share in India. Our audit share of the listed companies is larger than any of the competitors. My goal is to go for balanced growth in India. I want to be one-third audit, one-third tax and one-third consulting. Growing the tax and consulting businesses is easier than it is to move the audit share because companies don’t change auditors often. The fact that we start with the largest audit share is a terrific foundation for us. My aspiration is that I want to be the absolute leader in professional services, especially in important emerging markets like India.

Translation: “Are BPO people not employees? Why wouldn’t we count them? And since we are counting them we’re going to double that number, FYI. Oh, and we have the biggest audit share in India and it we’ll eventually be biggest in everything so then they’re won’t be room for ‘debate’ (making the air quotes).”

In how many years?
In three to five years, I want to be the absolute leader here. I have more people here than anyone else today.

That is, “Deloitte numero uno by 2015! Did I mention that we have the most people here?”

Then the best part, comes a little later when Quigs gets the Satyam question:

How has Deloitte strengthened its internal controls after the Satyam scandal?
I don’t think you can say that if one firm has had an issue with Satyam, therefore all professional services firms have a problem.n the aftermath of that fraud, and it was a management fraud first, to make sure that we did not have comparable circumstances, we went back and reviewed our 50 largest audits. We challenged our partners and thinking. We were satisfied that we have completed procedures that will reduce to a relatively low level the risk that an undetected error could occur. Our commitment to quality is tireless. And that is what you want the market leader to be.

So it sounds as though Satyam will be NBD for Deloitte, unlike some firms. We know India is a fraud paradise so it wasn’t was their fault; they were duped. Deloitte is undupable.

‘Deloitte wants to be the absolute leader here’ [Business Standard]

Promotion Watch ’10: Deloitte Slowly Lengthens the Corporate Ladder

Yesterday we told you about the unofficial “our bad” from Deloitte on the layoffs that happened last spring. While that doesn’t necessarily address any of the subsequent layoffs, it’s a start.

And we have a little update from our previous query about Deloitte compensation increases as well as some promotion time-frame news:


A Green Dot familiar with the situation told us the following:

– There will be raises this year
– People shouldn’t expect raises like the ones back in the SOX days
– As always, there will be an effort to reward strong performers

At the same time, promotions may be a different story, at least for the R-space, where they want to move away from the “3 years to senior” mentality, towards a “ready to be a senior” mentality. Promotion time-frames are expected to be lengthened, although comp will remain competitive.

We should note that the raises in this case refer to the NE AERS, so if you’re hearing different in your region, let us know. The “won’t be like the SOx years” message also reiterates what DWB said on Tuesday about curbing your enthusiasm, so at least try to be realistic.

Regarding the promotion news, the effect on “R-space” which for you non-Deloittes means the “Advisory Practice,” our source indicated that this has been in the works for some time but has been poorly enforced in the past, with most eligible promotees getting the bump after three years in the trenches.

Further, it sounds as though the extended promotion time-frame (i.e. replacing “ready” with a given number of years) will occur at all levels, especially from senior manager to partner. Our source then mused, “Since Partners own their [senior managers]… it’ll be interesting to see how turn-over ends up.” That will certainly resonate with those that already consider senior manager to be a parking lot on the road to partner.

Deloitte isn’t the only firm that has given serious consideration to the lengthening of the corporate ladder. Last December we discussed KPMG’s always-being-discussed plans to move away from the six-year manager track in their audit practice. Back then we said:

The rumor that the KPMG bigwigs have been considering a six year timeline to make manager in the audit practice has been kicked around for at least a couple years. Naturally, there were two schools of thought:

• Managers thought it was good idea

• SAs thought it was a terrible idea

Deloitte insisting that salaries will remain competitive should quell some concerns although there are some out there that do get hung up on titles. So while it seems that Deloitte will be getting back to merit increases for FY ’10, they’re being much quieter about it and may be getting serious about adding some rungs to the ladder. Climb with patience.

Deloitte Admits to Handling Layoffs ‘Poorly’

That “All-Hands” meeting we told you about on Monday sounds like it was a real snoozer, however, a source who was there did share two interesting details:

The guys in charge basically told us the following:

– They handled the [May 2009] “headcount adjustment” poorly. It was a necessary action; but more communication was necessary to keep people informed.
– Deloitte is better poised to grow over the next few years as compared to their competitors (we saw projections, but no comparisons…)

That took about 1.5 hours.

Since this was an “all-hands” we’re assuming tax people were there? If so, the ones still trudging towards the 15th (one week!) had to be suffering borderline panic attacks. Or maybe it was a brief oasis? Either way it’s unfortunate that nothing came up about increase in comp. Maybe Deloitte is the one firm that is saving it as a big surprise. If the cat gets let out of the bag on comp, get in touch with us.

Former Deloitte Intern Not So Good at Gambling on Corporate Card, Lying About It

In blatant-misuse-of-the-corporate-credit-card news, a former Deloitte “trainee/student” (let’s assume an intern, shall we?) has admitted to racking up over £8,800 in gambling debt on his Deloitte issued credit card.


Umar Qureshi, using his Deloitte laptop no less, managed to lose the money in just a couple of months, October and November of 2008. At that point, Qureshi, rather than admit to being a horrendous gambler, lied about the charges, telling Deloitte that they were fraudulent. Depending on when this particular lie took place, he only managed to keep a straight face, at the most, for two months, as Deloitte terminated his contract in January of ’09.

Which is understandable. Gambling can be nerve-racking on its own but losing your ass on the Corporate Card has got to be a real pant-crapper. This makes for the second Big 4 degenerate loser to make headlines this year in the UK. Back in February, a ex-KPMGer really was rolling, slamming over £25,000 on his expense report.

Accountancy Age reports that the Institute of Chartered Accountants in England and Wales (“ICAEW”), “ordered that the defendant cease to be a provisional member and be ineligible for re-registration for six months, and that he be severely reprimanded.” As we mentioned in the KPMG case, we’re not sure what a “reprimand” entails but a weeklong diversity training with Barry Salzberg could be a possibility.

Luckily, for Qureshi a relative was kind enough to pay the debt owed to Deloitte, who must have really wanted the money back. It’s just principle.

Former Deloitte student admits £8k bill from online gambling [Accountancy Age]

Compensation Watch ’10: Is Deloitte Joining the Party?

In the past week or so, merit increases have been communicated or reiterated by three of the Big 4. While the news of the resurrected raises is widespread, most people we’ve talked to (and commenters) are not believers. Most see it as a preventive measure to delay the exodus (or at least keep it within expected ranges).


Since the rest of the Big 4 have already been covered (KPMG, E&Y, PwC) we decided to get proactive on finding out the scoop on Deloitte. We contacted a reliable source and it turns out there may be some communication very soon:

[S]o far nothing. I’m going to an all-hands meeting tomorrow in NYC, so maybe they’ll mention something there. For now, all that I can really say is that there’s whole big bunch of people waiting to jump ship, pending the results of this year’s comp, so they better put some serious increases in…

So it’s safe to presume that if the Deloitte brass doesn’t communicate a satisfactory message, the streets may be flooded with Green Dots. If you’ve gotten guarantees, denials, or anything that remotely resembles an official word on this year’s Deloitte comp, get in touch.

Maybe Deloitte Should Give Up Doing Business in Italy

Deloitte has managed to get itself into more trouble in Italy. After settling the lawsuit with freakishly long-life milk company Parmalat, the firm may be facing charges of “market manipulation, false accounting and obstruction of justice, as well as fraud,” according to Bloomberg.


In this particular Italian job, Deloitte is lumped in with a couple of Deutsche Bank employees, who were allegedly complicit in losses at Banca Italease SpA, “Milan prosecutors are probing Italease after potential losses accumulated by clients on interest-rate swaps swelled in 2007 and the bank’s unprofitable positions ballooned. The Bank of Italy fired the company’s board in July 2007 for lack of internal controls.”

While zee Germans are standing behind their two boys, Francesco Giuliani and Dario Schiraldi, Deloitte didn’t comment for the article but the firm is certainly familiar with the tenacity of the Italians are not be trifled with. The Parmalat case dragged on for over six years before investors finally received a settlement from the firm so you can expect that the screwed investors of Italease will be equally as determined.

Deutsche Bank Employees, Deloitte Said to Face Charges in Milan [Bloomberg BusinessWeek]

Accounting News Roundup: Treasurer Is Not a Disclosure-Worthy Position at Overstock.com; SEC Investigating Repurchase Accounting; Deloitte Considers Camping at World Financial Center | 03.30.10

Another Key Departure at Overstock.com: It Went Unreported, Too [White Collar Fraud]
Criminal-turned-forensic sleuth Sam Antar is reporting on his blog that SEC problem child Overstock.com had another key employee depart the company but this time, the Company failed to report it publicly. Gary Weiss was tipped off about the departure of Richard Paongo, the former Treasurer at OSTK, in an anonymous post that was confirmed on Mr Paongo’s LinkedIn profile.

It appears that Mr Paongo’s departure occurred around the same time as ex-CFO David Chidester’s which was reported to the SEC.


Sam notes the requirements of an 8-K disclosure:

If the registrant’s principal executive officer, president, principal financial officer, principal accounting officer, principal operating officer, or any person performing similar functions, or any named executive officer, retires, resigns or is terminated from that position, or if a director retires, resigns, is removed, or refuses to stand for re-election (except in circumstances described in paragraph (a) of this Item 5.02), disclose the fact that the event has occurred and the date of the event.

So maybe OSTK figured that Paongo’s was worth sharing with investors? Sam says, “Apparently, it’s Overstock.com’s position that none of the above applies to Rich Paongo. However, Paongo’s departure from Overstock.con [sic or maybe not?] can be viewed as a material event requiring disclosure amid an expanding SEC investigation and given Paongo’s role at the company.”

Whether or not Paongo’s departure qualifies as a disclosable event might be arguable but the timing of his departure is certainly noted. In semi-related news, Overstock still has a couple of days before the 10-K extension runs out, so we’re likely to hear more out of SLC.

S.E.C. Looks at Wall St. Accounting [NYT]
With Repo 105 on everyone’s brain, the SEC figured it should snoop around and see who else is using the repurchase agreements. Bank of America and JP Morgan have already admitted that they use repurchase agreements but Mary Schapiro remains coy about what companies are getting the crook-eye.

Deloitte eyes sticking with World Financial Center [Crain’s New York]
Deloitte is in the market for about 600,000 square feet to house some its New York employees and one possibility is that the firm will set up camp at World Financial Center where it is currently the largest tenant. The firm is also reportedly considering 825 Eighth Ave.

Crain’s reports that Casa de Salzberg was looking for 1 million square feet last year, considering possible locales at 11 Times Square and 277 Park Ave. Deloitte insists that it was never looking for 1 million square feet and will be perfectly happy to cram the employees from the current two non-WFC locations into one place.

Jefferies Follows Select Comfort’s Lead, Dumps KPMG for Deloitte

So this makes two SEC clients lost for KPMG in as many days. Again, Jefferies had no disagreements with KPMG yada yada yada. Jefferies didn’t even receive a GCO like Sleep Number. However, KPMG did include this language for this year’s (i.e. December 31, 2009) audit opinion:

“As discussed in Note 1 to the consolidated financial statements, in 2009 the Company retrospectively changed its method of accounting for noncontrolling interests in subsidiaries and earnings per share due to the adoption of new accounting requirements issued by the FASB.”


BFD, right? Could Jefferies really be so bent of shape over that to make the auditor switcheroo?

The other point is — and maybe we’re making a mountain out of a molehill here — this is the second example of a non-standard auditor opinion from the House of Klynveld followed by clients kicking them to the curb for the clean scalped, mustachioed comfort of Deloitte.

One thing is for sure and that is that Deloitte is clearly on the offensive here after losing so many SEC clients last year. Still, we’re curious about a few things: 1) Is Big D going after KPMG clients specifically? 2) Is there a secret weapon being employed to woo these clients (e.g. Barry does a dead-ringer Dr. Phil impression during the presentation)? 3) Are KPMG clients upset about Tim Flynn stepping down as chairman? OR are they upset that the Radio Station is still camping out in Iran?

If you’ve got concrete knowledge, crackpot theories or just want to take a shot in the dark (since most of you are probably drinking by now) on this new and emerging (?) trend, fire away.

8-K [Jefferies]
10-K [Jefferies]
Jefferies Announces the Engagement of Deloitte & Touche LLP as the Company’s Independent Registered Public Accounting Firm [Business Wire]