Tag: Facebook

Be Careful What You Tweet, Mary Schapiro Might Be Watching

We’ve considered why your firm might want a social media policy in the past but it’s clear now that it’s not only wise to keep employees in check but to keep the SEC from breathing down everyone’s necks.

Regulation FD (fair disclosure) is meant to prevent selective disclosure by issuers of materialon and insider trading liability in connection with a trader’s “use” or “knowing possession” of material nonpublic information. The rules are designed to promote the full and fair disclosure of information by issuers, and to clarify and enhance existing prohibitions against insider trading.


Without a social media policy, any employee of the company tweeting or blogging about company events could broadly be assumed to be company communications. Whether or not these people are officially representing the company or not is irrelevant; selective disclosure could be as simple as a poorly-timed post about a company secret (i.e. “our awesome new product will be released in two weeks!”) on an employee’s Facebook page, which is public but limited to the employee’s 100 or so family and friends. In theory, an astute friend could take this as a buy signal, knowing X product will cause quite a storm once it hits the market. Welcome to insider trading: social media edition. Notice here that the intention is not what is important but rather the event itself. The SEC doesn’t care if the employee meant to pump up his or her employer’s stock but rather that the employee chose to selectively disclose information not readily available to the public that the employee is privy to to a limited group of people.

How far could the SEC take this?

The SEC’s guidance set forth three considerations to help determine whether information posted on corporate websites is considered “public.”

* Whether a company’s Web site is a recognized channel of distribution;
* Whether information is posted and accessible, and therefore disseminated in a manner calculated to reach investors; and
* Whether information is posted for a reasonable period so that it has been absorbed by investors.

The guidance goes on to clarify that statements made on blogs or other interactive websites are subject to the anti-fraud provisions of the federal securities laws, and companies cannot require investors to waive protections under the federal securities laws as a condition of using such interactive websites.

The only control companies have in this is to have a very clear, intelligent social media policy that either limits or forbids disclosure of non-public information through blogs and social media. This isn’t new (this interpretation was released in August of 2008) but what is new is the rumor that the SEC is beginning to send deficiency letters to registered investment advisers it examines, specifically those who do not have a social media policy in place.

A document request list sent by the SEC to some advisers asks for a broad range of data related to social media use, according to a compliance alert from ACA Compliance Group. Among other things, the SEC is seeking to identify how often advisers use social media websites such as Facebook, Twitter, LinkedIn, YouTube, Flickr, MySpace, Digg, Redditt, as well as any blogs used by, or subscribed to, by the adviser. They are also looking at communications made by, or received by an adviser on any social media website including among others, blog postings, messages, and/or tweets.

According to the WSJ, an SEC spokesman declined to comment on the deficiency letters. However, an SEC official said at a compliance conference last month that misuse of social media is an issue on their radar in SEC examinations and enforcement. Misuse being defined as investment advisers who fake information on their LinkedIn profiles to buff up their appearance to investors.

Three Ways to Get on the IRS’s Good Side This Tax Season

All this resentment of the IRS has got to stop. It’s counter-productive, cowardly and most of all, annoying. The gang at Boulder, Colorado-based Webroot understands that you shoo away more IRS flies with honey than with vinegar, so they’ve made a simple suggestion: “This tax season get on the IRS’s good side.”

How does one do that, you ask? Well, Webroot has given you three options to show some love:


1. Send a flower to Doug Shulman – Behind that rough exterior, The Commish is a softee. Sign up for this option and a flower will be added to the bouquet and your name included on a card that will accompany warm his bureaucratic heart. You do have the option of donating a flower anonymously if you’re still not sure Dougie is nothing but a taxborg that gets plugged in every evening.

2. Pro-IRS Stamps – Don’t you just love it when you get unique stamps in the mail? Imagine how good you would feel if the stamp had a tattoo heart with your name in the middle of it. I’ll bet the IRS would like it if you used one to mail in your tax return. Those “Forever” stamps are boring anyway.

3. Like the IRS on Facebook – Seriously, people. Is there a better way to show your appreciation? Besides, I’ve seen what some of you ‘Like’ on FB and quite honestly, it’s far more embarrassing than liking the IRS.

Jim Turley Explains Why You Should Work at Ernst & Young Rather Than Facebook

JT spoke to NYU students earlier this week and of course during the Q&A, Diane Brady, a senior editor at Bloomberg threw him a softie, asking if the firm was hiring, to which Diego responded, “we’re always hiring.” This, of course brought the house down (laughs, raucous applause).

Anyway, Brady decided to throw Jim a curve and asked why a young recruit would pick E&Y over Zuckerland.

“Should students ever consider starting at a big firm of yours?” Brady said. “Why not just go out there and make the billions with Facebook? What is the attraction at Ernst & Young?”

Turley responded by saying that most entrepreneurs, despite common misconceptions, are not just out to make money.

“[Entrepreneurs] go out there to find a need,” he said. “At Ernst & Young, you have opportunities to be extraordinarily mobile and move around the world.”

His advice? “First, find something that you love doing,” Turley said. “Second, align with an organization that actually thinks about where the world is going. And lastly, find an organization that wants you to change them as opposed to them to change you.”

See, if you can’t find a need then you need care about being “extraordinarly mobile.” Seems like a fair trade-off, especially since billionaires don’t travel much.

And just curious, how would the members of Ernie’s army like the firm to change? We’re assuming JT goes with the “whatever is good for the goose” mantra. Leave your suggestions below.

Ernst & Young CEO speaks at Stern [WSN]

Accounting News Roundup: Tax Cut Political Football Goes Flat; Google’s Remarkable Tax Planning; Yes, IRS Agents Are Strapped | 10.21.10

Tax Cuts Slide To Back Burner On Campaign Trail [WSJ]
It’s a sign that a decision by Democratic leaders, to put off a vote on extending the tax cuts until after the Nov. 2 elections, may be paying off politically.

“It’s harder to write an ad portraying a vote that hasn’t happened yet,” said Brian Gaston, a former senior aide to House GOP leaders and now a lobbyist at the Glover Park Group.

Google 2.4% Rate Shows How $60 Billion Lost to Tax Loopholes [Bloomberg]
Google y $3.1 billion in the last three years using a technique that moves most of its foreign profits through Ireland and the Netherlands to Bermuda.

Google’s income shifting — involving strategies known to lawyers as the “Double Irish” and the “Dutch Sandwich” — helped reduce its overseas tax rate to 2.4 percent, the lowest of the top five U.S. technology companies by market capitalization, according to regulatory filings in six countries.

TUI Travel CFO Quits After Accounting Error [Dow Jones]
In an embarrassing admission, the company said an ongoing audit for the fiscal year ended September 2010 had highlighted the accounting error in the integration of IT systems in its U.K. mainstream business that had accrued over a period of four to five years and which increased its total write-off for 2009 from GBP29 million to GBP117 million.

Chief Executive Peter Long told Dow Jones Newswires that the issue had been identified when it reported its third-quarter results but continued to investigate the matter and “only last night were we able to determine the scale of the problem.”

Banks Clueless on Foreclosure Mess Severity [Jonathan Weil/Bloomberg]
The biggest U.S. mortgage lenders and servicers say they’re putting the foreclosure mess behind them, and that it never was a major problem. The reality is these companies are so big and unmanageable, the people in charge of running them have no way to know if that is true.

One thing that remains unknowable is how many flawed home- mortgage records and foreclosure proceedings are out there waiting to be unearthed. Dozens of federal and state agencies are investigating. It’s anyone’s guess what they might turn up.


NJ man cashes $158G check IRS mistakenly sent him [Asbury Park Press]
He figured no one would notice.

For ‘B-to-B’ Companies, Finding Facebook ‘Friends’ Can Be a Struggle [WSJ]
These days, even small “business-to-business” concerns like Bill.com are experimenting with social media, perceiving the popular online hangouts as low-cost, easy-to-use venues for attracting new customers and retaining existing ones. But unlike their consumer-focused counterparts—retailers that sell smartphones, jeans, games and other personal products—so-called B-to-B businesses seem to be having a harder time connecting with their target audience.

Some IRS agents carry guns, too, agents tell UAB accounting student group [Birmingham News]
“My first day on the job, I thought, ‘Why are they carrying guns?'” said Donald Smith, a UAB graduate and special agent with the IRS-Criminal Investigation unit.

Korea wants G20 to delay accounting standard consolidation [Korea Times]
Apparently they have a say in the matter

How Much Time Is Too Much Time to Spend on Social Media?

The following post is republished from AccountingWEB, a source of accounting news, information, tips, tools, resources and insight–everything you need to help you prosper and enjoy the accounting profession.

It’s likely that your employees spend a sizeable percentage of their time using social media. As work/life balance continues to blend into one homogenous string of activities, social media activity is happening in your workplace whether you realize it or not.

But isn’t social media just a big waste of time?

It can be, but lumping all socito the same unproductive bucket is unfair, and also unwise. Social media can be an effective tool for many key business activities – including business development, client retention, and employee retention and recruitment.

Because platforms like Facebook often blend personal and business colleagues, it’s very challenging to set black and white rules when governing the use of social media.


Free reign on social media = Trust

At Chrometa, we take a mostly laissez faire approach to our employees’ use of social media, with no official policies or restriction on what employees are allowed to do. I know this thinking is counterintuitive to what many accounting and consulting firms believe, but I think this boils down to a control issue more than anything else. It’s sort of similar to being told as a child not to get into the cookie jar. If firms set up policies dictating certain actions, employees are more likely to violate these policies if they feel they can get away with it without being noticed.

Each of our employees is encouraged to set up and maintain a presence on “The Big 3” social media channels – Twitter, Facebook, and LinkedIn. Their participation levels, on the other hand, are completely up to them. A couple of our employees really enjoy and benefit, both personally and professionally, from their time on Facebook and Twitter. Ironically, our chief technical officer generally dislikes social media and personally avoids it.

At the core of our free reign is trust. We trust that our employees are 100 percent devoted to the success of our company, mission, and brand. As a result, I have complete trust they will not represent us poorly; to do so would be like representing themselves poorly. This level of trust is only possible if an employee does completely self-identify with his or her job and firm.

How much time is too much time?

I personally have spent too much time on many occasions on the Big 3 and blogs, as well, without achieving what I’d consider a reasonable ROI on my time. Going forward, I know I need to more accurately gauge the amount of time I should spend on each medium.

It’s not completely fair and accurate when people proclaim, “Twitter is a complete waste of time” because they probably just don’t understand what it can do. Twitter can be a drain, but it also can be useful if used properly and marketed to your stakeholders. Like anything, if you spend too much time on Twitter, you can end up wasting a lot of time if you don’t use it wisely.

How-much-time-too-much-time is something everyone must figure out for themselves. I give our employees the leeway to decide how much time is too much. I know they honestly want to be productive and perform their roles to the best of their ability. Because I know this, I find it’s better if they figure out these types of limits and best practices themselves, instead of having them come as edicts from above.

It’s About Time is a series of articles devoted to practice management techniques that focus on efficiency and productivity.

About the Author:
Brett Owens is CEO and cofounder of Chrometa, a Sacramento, CA-based provider of time-tracking software that records activity in real time. Previously marketed to the legal community, Chrometa is branching out to accounting prospects. Gains include the ability to discover previously undocumented billable time, saving time on billing reconciliation, and improving personal productivity. Owens also is blogger and founder at CommodityBullMarket.com and ContraryInvesting.com, as well as a regular contributor to two leading financial media sites, SeekingAlpha.com and BeforeItsNews.com.

Facebook and Twitter Get Used in a Penny Stock Scam

Before we can get into this particular penny stock scam, it would be wise to define the penny stock scam for the uninitiated. It’s a pile-in, financial porn pump and dump. These particular crooks decided to take to Twitter and Facebook to get new fish to buy into their easy to fill 2×1 matrix. Since Twitter is inundated with all level of bizarre MLM bots and pyramid scheme tweet spam, it’s easy to see how an effective a tool it can be in perpetuating financial fraud.


The Manhattan DA’s office says 11 of the 22 participants used Twitter feeds and websites to lure “investors” (read the fine print, people) to buy a bunch of cheap stocks they’d artificially inflated. They made off with $3 million and “investors” lost $7 million.

I use the word “investor” loosely. If you’re getting your stock picks from some spammy Twitterfeed that isn’t even run by a human being (or solely from one who is, so far you aren’t required to register with the SEC to talk about stocks on Twitter) maybe you had it coming. So far we haven’t seen the offending tweets, if you know where to find them let me know.

Penny stock scams are not limited to Twitter and even former SEC lawyers have been convicted of using them to take advantage of gullible “investors.” Like this guy, who brought civil cases against white collar criminals for 15 years in Fort Worth and ended up getting 8 years in federal prison for his pump and dump activities. It’s unclear if he used social media in his crimes but if he came from the SEC, chances are he’s more into porn than Twitter.

Filed under: doing it wrong

Facebook & Twitter used in stock fraud: U.S. prosecutor [Reuters]

Accounting News Roundup: ‘Won’t Somebody Think of the Small Businesses?!?’; Facebook’s New Arbitrary IPO Date; Debunking The ‘Failure’ of Bush Tax Cuts | 09.28.10

Analyzing the Small-Business Tax Hysteria [You’re the Boss/NYT]
“The rhetoric on this subject has become counterproductive. It can’t be helping consumer confidence, and it’s certainly not creating any jobs. In what used to be a running joke on ‘The Simpsons,’ whenever trouble arose, Reverend Lovejoy’s wife would shriek, ‘Won’t somebody please think of the children?!!!’ The emerging counterpart to that cry in our real-life politics seems to be, ‘Won’t somebody please think of the small businesses!’ “

AOL in Talks to Buy TechCrunch [WSJ]
“A deal would mark a high-profile marriage between the Internet giant and one of Silicon Valley’s most high-profile blogs, which has often been discussed as a possible acquisition target.

It would also be the latest in a series of alliances between content and Internet companies, which are seeking to draw more users and advertisers by pumping out inexpensive articles on popular topics like fashion, news and sports.”

Facebook IPO likely after late 2012: board member [Reuters]
“Facebook, the world’s largest online social network, is likely to go public sometime after late 2012, a board member said, satisfying investors’ appetite for a slice of one of the Internet’s biggest growth stories.

A stock market debut by a company valued in the tens of billions of dollars would be one of the most highly anticipated initial public offerings of the decade.

But Facebook board member, venture capitalist and PayPal co-founder Peter Thiel stressed on Monday that will not happen until after late 2012, and would depend on the company hitting certain revenue targets and how its business model develops.”

Auditors Aren’t Forcing Full Repurchase Risk Exposure Disclosure [Re:The Auditors]
Auditors looking the other way for their banking clients. Again.

BlackBerry Maker RIM Enters Tablet Scrum [WSJ]
“RIM Co-Chief Executive Mike Lazaridis on Monday showed the device, dubbed the PlayBook, at a conference for BlackBerry developers in San Francisco. The PlayBook has a seven-inch touch screen and high-definition cameras on the front and back sides, but the device won’t connect directly to cellular networks.

RIM said its tablet won’t go on sale until early next year in the U.S. and the second quarter elsewhere in the world, meaning it will miss the key holiday season. The timing also puts RIM behind iPad competitors from Samsung Electronics Co., Dell Inc. and others.”


IRS won’t be mailing tax forms next year [AP]
They’re saving $10 million a year, presumably on stamps and envelopes.

News Corp. SVP Kevin Halpin named Dow Jones CFO [AP]
Kevin Halpin is taking the reins from Stephen Daintith.

Correlation Proves Causation, David Cay Johnston Edition [Tax Foundation]
“I agree with Johnston that tax cuts are not the correct response to every economic situation, and I do not believe that letting the Bush tax cuts expire would cause an economic armageddon. If the federal government’s proclivity for deficit spending can’t be curbed by reducing tax revenue – the ‘starve-the-beast’ approach – then permanently extending the Bush tax cuts for any and all taxpayers is a worse policy than letting the cuts expire because the country will drive off the fiscal cliff even sooner.”

Accounting News Roundup: How Secure is SaaS?; Highest Marginal Tax Rates by State Under Dem, GOP Plans; Familiar Rich People | 09.23.10

Blockbuster Files for Bankruptcy After Online Rivals Gain [Bloomberg]
“Blockbuster Inc., the world’s biggest movie-rental company, filed for bankruptcy after failing to adapt its storefront model to online technology pioneered by rivals such as Netflix Inc.

The company listed assets of $1.02 billion against debt of $1.46 billion on a Chapter 11 petition filed today in U.S. Bankruptcy Court in New York. The company said it reached a deal with a group of bondholders on a plan of reorganization and secured a $125 million loan to finance operations.”

SaaS security: McAfee’s response [AccMan]
“One question that gets raised time and again: Is SaaS secure? The answer depends on with whom you speak. My take is that any vendor that cannot answer a set of well defined questions is probably not going to meet the minimum requirements for me to recommend a service.

Earlier today I attended a Salesforce.com presentation and among the speakers were Dell, Wells Fargo and McAfee. Both companies are deploying Salesforce and in particular its Chatter service to thousands of users. I put the question to Marc Benioff, CEO Salesforce: ‘How do you demonstrate to users that services such as yours are secure without going down technical rat holes?’ “

Friended for $100 Million [WSJ]
“Mark Zuckerberg, the 26-year-old founder and chief executive of Facebook Inc., plans to announce a donation of up to $100 million to the Newark schools this week, in a bold bid to improve one of the country’s worst performing public school systems.”

Senate Holds Hearing Today on Lessons from the Tax Reform Act of 1986 [TaxProf Blog]
“Senate Finance Committee Chairman Max Baucus (D-Mont.) will convene a hearing [today] to examine the lessons from the Tax Reform Act of 1986 and look at ideas for tax reform that will make the code simpler and fairer, while helping American businesses compete in the global economy.”


Top Marginal Effective Tax Rates by State under Rival Tax Plans from Congressional Democrats and Republicans [Tax Foundation]
The big winner is Hawaii with California taking first runner-up.

The Richest People in America [Forbes]
The usual: Gates, Buffett, Ellison, a lot of Sam Walton offspring, a pair of Kochs and Hizzoner.

Five More Facebook Fan Pages For Accountants

Our friends at FINS recently posted some must-fan Facebook pages specifically for accountants and though we agree with their suggestions, we thought it would be prudent to add a few of our own.

Before we get to those, though, let’s talk about the five FINS listed.


1. The Big 4 (all of them, if you’re really really excited to land that dream public accounting gig you’ve always dreamed of… hooRAH!)
2. AICPA
3. Journal of Accountancy
4. CPA Technology Advisor
5. Local CPA Societies

These are all great suggestions but let’s be real about it, a good number of us use our Facebook pages for so much more than professional networking. So how about some real-world suggestions for the accounting folk out there?

1. Vodka. I don’t care if you prefer martinis or homebrew, by fanning vodka you are reiterating your commitment to professionalism in all you do as per the AICPA Code of Professional Conduct. Trust us, it’s a lot easier to be ethical and bring in clients when you’ve been on a weekend-long bender and simply don’t care anymore.

2. Accountants do it with double-entry. There’s no need to perpetuate stereotypes of the boring accountant, go ahead and shock your conservative pals by fanning this group to show that you DO, in fact, have a sense of humor and even choose to exercise it every now and then.

3. Accountants are sexy. Well? They are, dammit, especially if you followed our advice and got into the vodka. A couple of those and that mousy chick in the cube next door will be EXTRA sexy.

4. Stuff Accountants Like. Even though SAL has taken a possibly permanent vacay from blogging, reading through past entries is still entertaining if you haven’t read them before. Great for when you’re taking a break between vodka and reconciliation.

5. Going Concern. Listen, FINS, we aren’t offended that you accidentally left us off your list. But don’t expect us to share any of our vodka with you.

Here’s Why Facebook Should Buy ING Direct

This story is republished from CFOZone, where you’ll find news, analysis and professional networking tools for finance executives.

It was revealed this week that Facebook is valued by its private shareholders at over $33 billion, more than Ebay, Yahoo and Dell. For a private company with little more than a year of revenue this is extraordinary.

When the company goes public it will have a hard job living up to this valuation without a significant increase in revenue streams.

One option may be for it to do a transformational transaction prior to its listing. In this way it could incorporate a pumped up revenue stream into its high IPO valuation. One such deal could be for it to buy ING Direct US, the largest online bank in the country.


Under the terms of the Dutch government bail out, ING has to sell ING Direct in the US and Canada by 2012. They will have no shortage of bidders from the financial world, but could it make sense for a non-bank to actually buy the company? And if so, what about Facebook?

Half a billion people now live their online lives through Facebook. It has huge brand value and customer loyalty. For it to generate revenue streams it needs to do more than just offer up ads and sell games.

To get from being a social network site to a commercial network site it needs to drive business, and one of the biggest impediments to online retail business is payments. By owning a bank-and thus a payment platform–Facebook could make it very easy to transact online.

Clearly there would be lots of legal hurdles for such a deal to happen, not least because regulators do not like non-banks owning banks. More specifically, Facebook has had difficulties in the past respecting people’s privacy.

But by allying the huge number of people on the site with an easy to use payments and banking business, Facebook could revolutionize its business and the way that 500 million conduct personal commercial activities on the web.

It could also learn from the clever people at ING Direct about how to protect customer data. It may be a long shot, but the two companies could complement each other very well.

Why Your Firm Needs a Social Media Policy

If you work for a larger firm, chances are you’ve already got a social media policy that encompasses everything your firm does not want you to do online. For smaller firms and private practices, a social media policy can be the very last thing management considers implementing, assuming you will use your better judgment when conducting yourself online and don’t need the rules laid out. Oftentimes this mentality comes more from management’s unfamiliarity with social media than anything else. If they don’t use Twitter, how can they tell you how to conduct yourself on it?

But your online social life isn’t the same as a cocktail party at which you are representing your firm. Should you be able to say whatever you want on Twitter after hours? Can you post pictures of yourself getting wasted on Facebook?


The line is cut and dry when you are at a firm event or at a client but are you expected to represent your firm even when tweeting on your own time? If your firm does not have a social media policy, the answer is you have no way to know until it’s too late and you’ve pissed off the boss.

For firms, not having a social media policy can open the company up to all sorts of tricky trouble. Without knowing exactly what is expected of them, employees are forced to use their own judgment when it comes to their online behavior. Most are smart enough not to bash the boss in 140 characters or post embarrassing holiday party photos on Facebook but what’s to stop them from starting a blog that management finds offensive or keep them from tweeting about their work life in general? Absolutely nothing.

With hyper-connected Gen Y more than established in the workplace, a social media policy makes even more sense. Very few us get through a day without a Facebook update or a tweet and for some of us, our online persona can be a point of contention with management. Case in point, yours truly and Jr Deputy Accountant. Working in the industry meant that I had to be careful not to needlessly bash firm failures (like PwC and Satyam), lest I ruffle any feathers that could connect my site to my employer. Sometimes a disclaimer is helpful – something along the lines of “my opinion is my own and independent of any personal or professional affiliations” – but without having clear lines drawn between how you behave at work and how you behave on your own time in front of the entire Internet, it can be difficult to know what’s appropriate and what is not.

Last week we gave you some tips to keep your online life safe in the event that you don’t have a social media policy but that doesn’t mean your boss gets a pass. A social media policy is always a good idea and in this day and age there’s no getting around it, it’s necessary.