Accounting News Roundup: Bank Tax Scrapped; Deloitte Cleveland Names New Managing Partner; What’s the Future of Internal Audit? | 06.30.10

Financial-Rules Redo Passes Major Hurdle [WSJ]
Who knew that lobbyists could be so effective? “Democrats initially proposed the $18 billion tax on the nation’s largest banks and hedge funds to cover the cost of expanding gof financial services, among other things. But the small number of Republicans crucial to the bill’s passage balked at the fee, which was added at the last minute to the legislation.

With more than a year’s worth of work in the balance, Democrats ditched the levy on Tuesday. Instead, they agreed to offset the bill’s costs by winding down early the $700 billion Troubled Asset Relief Program and assessing a more modest fee on banks through the Federal Deposit Insurance Corp.”

Volcker Said to Be Disappointed With Final Version of His Rule [Bloomberg]
If you go to the trouble of getting your name on the rule, with specific ideas in mind about what said rule entails, you’d be pretty upset if lobbyists hacked up to the point that it’s hardly recognizable. Plus octogenarians are probably used to getting their way.

“Volcker, the 82-year-old former Federal Reserve chairman, didn’t expect the proposal to be diluted so much, said a person with knowledge of his views. He’s content with language that bans banks from trading with their own capital, the person said.

‘The Volcker rule started out as a hard-and-fast rule on risky trades and investments,’ said Anthony Sanders, a finance professor at George Mason University School of Management in Fairfax, Virginia. ‘But through negotiations, it was weakened and ended up with many loopholes.’ ”


How Not To Look Desperate When Looking for Your Next Finance Job [FINS]
Because we know there are plenty of you out there.

Deloitte names Craig Donnan managing partner in Cleveland [Crain’s Cleveland]
Cake party? Mr Donnan takes over for Pat Mullin who has been the managing partner of the office since 1999.

The future of the internal audit profession [Marks on Governance]
“If we are to be relevant, chief audit executives (CAEs) have to refocus on providing assurance regarding how well management identifies, evaluates, responds, and manages risks – including the controls that keep risk levels within organizational tolerances.”

The Problem With Unreported Income [You’re the Boss/NYT]
The problem being that if you’re going to have one helluva time selling your business if a decent portion of its revenues are unreported.

“Legal and moral issues aside, there is only one way to view unreported income when it comes time to sell the business: forget that money ever existed. If you can only manage what you can measure in business, then the same holds true for what you can sell.”

AIG hires ex-Lehman lawyer as compliance head [Reuters]
As long as AIG doesn’t ask about arcane accounting disclosures, this should work out fine.

Crowe Horwath Audit Partner Uses “The Tax Department Is on Another Floor” Defense

Auditors and audit firms have few options when it comes to defense strategy when they are sued for missing a fraud. If fraud occurs and an auditor partner claims to know everything that one should about his/her client, then the partner was probably in on it. That’s a little tricky.

However, if fraud occurs and the partner claims that he/she had no knowledge of any unscrupulous activity, then that means the audit sage is really just a two-bit glad-hander that couldn’t tell a debit from a credit.


And that appears to be the case of William Brizendine, a Crowe Horwath partner, who is claiming that he didn’t know about the relationship between executives of Peoples Bank of Northern Kentucky and Bill Erpenbeck who were engaged in scheme that artificially inflated the purchase price of model homes. Brizendine claims that he couldn’t possibly known that his client was involved with such a shifty character A) the bank’s execs didn’t tell him until after the shit hit the fan and B) this Erpenbeck character’s name only came up on the tax returns and why on Earth as an audit partner, would he look at those?

The bank’s lead attorney, Ron Parry, tried to establish that Brizendine was in a unique position to expose the fraud before it became large enough to take down the bank. Parry said auditors had to be aware of the business relationship because they also did the taxes of the company Finnan and Menne created with Erpenbeck.

[…]

Brizendine claimed he didn’t know of the relationship because he was just involved in the auditing of the bank and that JAMS tax returns were done by the tax department on another floor of the company’s offices.

Parry was able to show, however, that JAMS tax documents were sometimes sent directly to Brizendine. Brizendine claimed he never looked at those documents since his department didn’t prepare taxes.

Brizendine also admitted on the stand that he was the person who brought in the contract to do JAMS taxes.

Promotion Watch ’10: Ernst & Young Names 126 New Partners in the Americas

To please you hair-splitters, that number includes principals. E&Y also named 62 new executive directors and 19 new directors.

It’s been a couple weeks since the announcement but we finally were able to run down a few details on the new partners at E&Y:


We’re not sure why Howe had to slip in the diversity soundbite there but he did. Thoughts?

In terms of the breakdown, right now we only have a few specifics so far out of the Northeast:

Of the offices in NY, MA, CT, RI, and NJ, we had a total of 16 new execs: nine tax, four advisory, and a whopping three assurance.

If you’ve got more details, let us know. Congrats to the new PPEDDs at E&Y!

BKD Partner Found Dead at His Office

[caption id="attachment_12673" align="alignright" width="120" caption="Source: Springfield Business Journal"][/caption]

Fifty-one year old Daniel Hayworth was found dead at the BKD offices in Joplin, Missouri on Sunday afternoon.

The Springfield Journal Reports that Mr Hayworth had several leadership positions with the firm including the firm’s national construction and real estate group, national manufacturing and distribution group and chair of the manufacturing and distribution committee.


According to Newton County Coroner Mark Bridges told us that Mr Hayworth had a history of hypertension and high blood pressure, accordingly his office ruled that the cause of death was a massive heart attack.

Our email to a BKD spokesperson was not immediately returned.

John Wanamaker, the managing partner of BKD’s Souther Missouri unit was quoted by the SBJ, saying, “Dan was such a great guy, and this is such an unexpected and untimely event. He was clearly a great man, a great husband to his wife, Lynn, a great BKD partner, and a great friend, and he will be unbelievably missed.”

Accounting News Roundup: Ernst & Young Wants Lawsuit Dismissed; KPMG Study Finds Goodwill Impairments Slowing; Deloitte Names New Tax Partners | 06.07.10

Lehman, Nortel, Bank of America, Google in Court News [Bloomberg BusinessWeek]
Dick Fuld and the rest of the ex-Lehman Brothers management team as well as Ernst & Young asked a judge to throw out the lawsuit against them brought by the Alameda County Employees’ Retirement Association in Oakland, California, and the Government of Guam Retirement Fund.

This lawsuit focuses on the failed disclosure by Fuld et al. of the use of Repo 105 and E&Y’s confirmation of its usage as being in accordance with U.S. GAAP.


George Clinton in funk: Accountants sue Parliament-Funkadelic star over fees [NYDN]
GC engaged Wlodinguer Erk & Chanzis to audit his royalties from Universal Records and EMI in 2003. The firm claims that they have only been paid $25,000 while the agreement they had stated that WEC would receive 20% of the $1.2 million settlement Clinton received.

KPMG Study Shows Tapering Off in Goodwill Impairment [Compliance Week]
How bad of a year was 2008? KPMG’s recent study of goodwill impairment charges of 1,700 U.S. public companies found that ’08 was a bloodbath “KPMG’s study shows goodwill impairment charges across the 1,700 companies fell from $340 billion in 2008 to $92 billion in 2009. Only 12 percent of companies in the study took a charge for goodwill impairment in 2009 compared with 17 percent in the prior year.”

And of that bleeding, banks were considerably less involved, “The study showed the technology hardware sector accounted for 23 percent of total goodwill impairment charges in 2009, followed by telecommunication services. Banks had the highest level of goodwill impairment charges in 2008, but represented only 4 percent of the total goodwill charges in 2009.”

Inquiries mount after PwC ‘failed to notice’ mistakes [Times Online]
JP Morgan settled with the UK’s Financial Services Authority (“FSA”) last week over its mishandling of client funds, fining the bank £33.3 million. Now the Financial Reporting Council and the Institute of Chartered Accountants in England and Wales, who both oversee accountants in the UK, are now expected to launch inquiries into PwC’s role in JPM misallocation of client funds of £1.3 billion to £15.7 billion between 2002 and July 2009:

In addition to serving as principal auditor, PwC was retained by JP Morgan to produce an annual client asset returns report — a yearly certification to prove that customers’ funds were being effectively ring-fenced and therefore protected in the event of the bank’s collapse. But PwC signed off the client report even though JP Morgan was in breach of the rules.

MOVES-Barclays Wealth, Deloitte, BlueCrest Capital, RFIB [Reuters]
Reuters reports that Deloitte’s tax practice promoted eight new partners: Pippa Booth, Andy Brook, Stephen Brown, Christie Buck, Sue Holmes, Anbreen Khan, David McNeil and Marcus Rea and three associate partners: Andrew Cox, Ashley Hollinshead and Claire Wayman.

Promotion Watch ’10: PwC Admits 83 New Partners

[caption id="attachment_12392" align="alignright" width="260" caption="83 pairs of undies just like ours!"][/caption]

Is it a complete coincidence that it’s National Donut Day?

Besides complimentary undies any thoughts as to what comes in the gift bags? We called Pricew�������������������� folks to find out but so far there’s no word.

But we did hear there’s a little party going down at 300 Madison circa now to introduce the new partners. If there are tears, fist fights, or old partners icing new partners, get in touch with the details (and pics).


First a word from TPTB:

It is with great pleasure that I share the names of the 83 individuals who are being admitted into the PwC partnership as a result of our internal admissions process on July 1, 2010, along with the names of the partners who are retiring from the firm on June 30.

The level of talent in this year’s class of new partners is tremendous and gives me great confidence in our ability to create value for our clients and continue to invest in and develop our people in even more meaningful ways. For those of you who know some of these outstanding professionals personally, you know that they are on this list for good reason. While they have individual talents, skills and experiences, they all share certain qualities. These include a passion for serving clients, a relentless focus on quality, a talent for coaching and mentoring, and the ability to add value to every interaction among our various stakeholders — all while helping grow our business and leading our firm into the future. In addition to their cumulative credentials, two-thirds have worked in more than one office, about a third have changed roles or line of service, and close to a third have done an international tour or have spent significant time overseas. These statistics emphasize that high performers are open to change and willingly step out of their comfort zones.

At this time of the year, we not only say congratulations to our new partner class, but we also say thanks to those moving from being an active partner to a retired partner. This group of partners has collectively contributed to the success and overall brand of our firm. It’s difficult to acknowledge them as a group, as each of these partners has made unique contributions and leaves behind a distinct legacy. I’m proud to say I know many of them personally, and I have learned a great deal from them. Many have been excellent at serving our clients and have been exceptional coaches, mentors and role models for our future leaders. Overall, during their careers at PwC they have made a noticeable difference — for our clients, for our people, for our communities, and for one another.

Refreshing our partnership with new talent each year is one way we continue to drive innovation and a fresh perspective on our business. I think it’s appropriate to celebrate the contributions and legacy of our retiring partners as we welcome a new class of partners to take that legacy and shape it into something inspiring and new. Please join me in wishing our retiring colleagues and friends much success and happiness as they begin the next phase in their journey, and in celebrating our new partners and wishing them ongoing success as they help support the firm’s goal of being the #1 professional services firm!

Here’s a brief breakdown by service:

Assurance – 32
Tax – 40
Advisory – 11

And by city:

Denver – 1; Philly – 3; Houston – 7; Moscow – 1; DC Metro – 4; Florham Park – 6; Minneapolis – 2; Detroit – 3; Hartford – 2; Boston – 5; NYC – 12; Chicago – 7; Tokyo – 3; St. Louis – 1; Baltimore – 1; Indy – 1; Columbus – 1; Pittsburgh – 1; Raleigh – 1; Cleveland – 1; San Jose – 6; Atlanta – 3; Stamford – 2; San Fran – 2; L.A. – 1; Dallas – 3; San Juan – 1; Washington, DC – 1

Congrats to all the new partners!

Allegedly, a Few Ernst & Young Partners Just So Happened to Join PwC

Never having the pleasure of attending a partner-only soiree, we don’t have much knowledge about the haps at these events but we do imagine catering slightly better than what you would find at an in-house training but served by oompa loompas. And an open bar, natch.

Likewise, we’ve never heard about Big 4 partner mixers where, for example, an PwC partner might chat up a E&Y partner talking IFRS, where they fall on the staff’s hottie list and “oh by the way, waddaya say you join our firm?” To save face, we imagine said E&Yer responding with a “No, I will not make out with you” retort followed by open-faced slaps and ripped Jos. A. Bank until the beefy security pulled the two apart (at which point the P. Dubs partner gives his target the “call me” sign).


We bring all this up because the Times Online reports that there has been a fair amount of defection from Ernst & Young to PricewaterhouseCoopers in the Middle East (no sissies allowed). PwC’s Middle East practice was purchased by the UK firm last year and now the Times reports that 20 E&Y partners have been poached by P. Dubs:

According to people familiar with the situation, the defections — amounting to almost a fifth of Ernst & Young’s partners in the Middle East — were in several locations across the region. Most were from Ernst & Young’s consulting business, The moves began last summer but were kept secret because of a settlement between the two firms. PwC agreed that it would not approach any more Ernst & Young staff in return for Ernst & Young agreeing not to take legal action to block the departures.

Neither firm would comment for the Times article except to boast about their numbers in the region, “PwC confirmed that it had recruited 25 new partners and 400 staff in its Middle East offices in the past 12 months,” and “A spokesman for Ernst & Young said that it remained ‘easily the largest’ of the Big Four in the Middle East,” so both firms’ communication departments seem to be operating as normal.

Whether such (alleged) deliberate defections have happened in the States, we don’t know but we hear it is quite the spectacle (marched out by the OMP the second the news got dropped) when one partner notifies his/her intent to leave for a competitor, so all out war could reasonably be expected.

PwC raids rival before Middle East step [Times Online]

Apparently PwC Partners Aren’t Eligible for Anti-Bullying Protection

When you become a partner at a Big 4 firm, the culture rewards you with certain privileges. Some of these include: 1) the ability to strut out the door before 5 pm and no one gives you the stink eye; 2) stealing food out of the fridge without fear of retribution; 3) “Black” Starbucks cards; 4) private bathrooms that blast “You’re the Best” when you walk in the door, among others.

Unfortunately, it turns out that sometimes you lose some privileges when you take seat at the big table.

We previously mentioned Colin Tenner, who is suing PricewaterhouseCoopers for disability discrimination, alleging that he was fired after taking time off due to depression and anxiety. His suffering was caused, he claims, by a client bullying him (e.g. taking his lunch money, using emails as TP and returning them) and PwC’s mishandling of the situation.

His fellow partners weren’t buying it, claiming that he was a total wuss, “partners simply do not get sick” and possibly just faking it.


At first, we thought this sounded a little harsh but the Times Online is now reporting that there is a perfectly good explanation for partners’ reaction. They had a policy to back them up:

Mr Tenner, 45, said that a junior member of his team had raised a formal complaint against the same individual, which was investigated by PwC.

Although he complained about his treatment from the individual on several occasions over six months and had asked PwC to implement specific procedures in its anti-bullying policy, “nothing was done”, it is alleged.

Instead, Mr Tenner said, several senior managers told him that he was not protected by the anti-bullying policy because he was a partner.

Now this makes sense. Had this been one of P. Dubs’ rank and file, certainly there would have been hell to pay for this type of treatment by a client. But since a partner was involved, they figure your bully tolerance should be at such a keen level that no protection is necessary.

Bullying ‘did not apply’ to PwC partner [Times Online]

Accounting News Roundup: Senate Starts Voting on Financial Reform; Risk Management Succumbs to Risk Intelligence; Six Flags Emerges from Bankruptcy | 05.04.10

Voting begins in Senate on Wall Street reform [Reuters]
The latest partisan bickering effort in Congress will get underway today, although the first votes are not likely to be controversial. The first amendment to Senator Chris Dodd’s (D-CT) 1,600 page epic has been proposed by Barbara Boxer (D-CA) and it state “that no taxpayer funds could be used again to bail out financial institutions,” something that anyone up for reelection will likely get behind.

PwC partner Colin Tenner sues over redundancy [Times Online]
Mr Tenner claims that he was let go because of his suffering from depression and anxiety. He claims “mismanagement at PwC and bullying by a client led to him to take sick leave in September 2007. He alleges that he approached PwC in spring 2008 to arrange a phased return to work but says that these discussions broke down, leading to his redundancy.”

Of interest is how the tribunal will decide, “what responsibilities partners at a professional services firm have when one of their number displays signs of stress or becomes mentally ill but wishes to remain in the partnership.” This seems odd primarily because most partners are constantly showing signs of stress and if they’re not, one just assumes they’re mentally ill.


Picower Estate to Pay Billions to Madoff Investors [WSJ]
The estate of Jeffery Picower, a Madoff investor who drowned in his pool last fall, will pay $2 billion to the Madoff trustee in charge of recovering money for investors. This will more than double the $1.5 billion recovered so far.

New Career Path: ‘Risk Intelligence Officer’ [FINS]
Much can be learned from the financial crisis; not least of which is that a lot of companies sucked at managing their risk. Case in point, “risk management” is a prehistoric idea now and one Deloitte principal argues that a “risk intelligence officer” is new sage in this area:

The job of a risk intelligence officer is to assess the organization’s risks and inform business line managers where they need to focus their risk-management efforts.

“They need somebody who can see the big picture and connect the dots,” said [Rick] Funston, who is a principal with Deloitte in Detroit. Deloitte has been encouraging its clients to develop the new role, he said…

Effective risk professionals find a way to discuss systemic failures and take steps to strengthen the organization’s resilience and agility. Part of the job is to understand a company’s vulnerabilities and make it OK to talk about them, institutionalizing the discussion.

Six Flags Emerges From Bankruptcy [Reuters]
Six Flags has emerged from Chapter 11 bankruptcy just in time for summer and now “has more financial flexibility to pursue a shift in strategy toward attracting more families to its amusement parks.” Not sure who an amusement park company would target other than families but it’s nice to see you back in the game, 6F.

Bonus Watch ’10: Are Deloitte Partners Getting More Generous to Keep the Peace?

Here we are, it’s April, and most of you are happy to be bored (relatively) at work for the first time in months. Now that your brain isn’t saturated with numbers and/or what you’ll eating at your desk, you may be weighing your options. As we’ve mentioned, Big 4 partners are expecting this and naturally they want to keep their top performers. How best can they do this? Bribery of course!


And at Deloitte, this method seems to be gaining steam. An accountant close to the situation gave us the rundown on the recognition programs at the firm:

• Applause Awards (whenever)
• Outstanding Performance Awards (whenever)
• Merit Bonuses (annual)

For the most part AAs ($100 to $500 – tax adjusted) and OPAs ($500 to $5,000 – non-tax adjusted) were frozen for the last 2 years; with MBs only being processed for 1s and sometimes 2s (we’re rated on a scale of 1 to 5 – 1 being the best, 5 the worst – with typically 5% 1s, 10% 2s, 80% 3s, 5% 4s and 5s).

Now that you have the background, there’s this:

Based upon what I’ve been hearing very recently, strong performers have been getting [Applause Awards] for $100 in the NE [Advisory] practice. In some limited instances, partners have also hinted at more money coming their way (seemingly in the [Outstanding Performance] realm). Seems like the partners are noticing that people, especially performers, are getting antsy; and are trying to keep the peace until compensations are adjusted in September…

Well! Good to see that Deloitte partners are taking their firm’s advice (combo of #2 and #5). This could work out well for those of you that are rockstars at Deloitte (and are easily swayed by monetary reward) but for the other 80% that fall into the unexceptional categories, you may just have the longer ladder to look forward to.

Earlier:
KPMG Reinstating “Standing Ovation” Bonus Awards

A Lawsuit Seeks To Find Out How Old is Too Old to Become a Partner at PwC

[caption id="attachment_3069" align="alignright" width="260" caption="That's a good one Bob but you really shouldn't tell old people jokes"][/caption]

Or any firm for that matter. There’s probably some opinions on this but allegedly at PwC it’s 54 on the low end and if you’re approaching the firm’s mandatory retirement age of 60 then you’re definitely not getting the bump.

The reason we bring it up is that the U.S. Court of Appeals for the District of Columbia Circuit has granted new life to an age discrimination lawsuit against PwC. Two advisory professionals, Harold Schuler and C. Westbrook Murphy’s lawsuit alleges that P. Dubs de-nied their admittance because they were close to the Firm’s mandatory retirement age.


The partner track at accounting firms is a long and tough road the way it is and for partners to allege age discrimination seems like insult to injury.

The DC Circuit ruled that the plaintiffs deserve some closure on whether or not the bigwigs in New York really snubbed them based on their age:

Judge Douglas Ginsburg said a 2008 D.C. Circuit ruling involving Schuler entitled the plaintiffs to a “reasonable inference” that PricewaterhouseCoopers’ decisions not to promote them were made in New York, where the firm is based.

“PwC says (the earlier case) ‘does not control’ because it addressed only PwC’s adoption and maintenance of a discriminatory policy, not the ‘discrete decision’ not to admit (Schuler) to partnership,'” Ginsburg wrote. “To which we say: Pettifoggery and piffle!”

Nice touch, Judge Ginsburg. So this means the case goes back to the district so they can get to the bottom of this.

We left messages at the other firms to find out what their mandatory retirement policies were to get some context on the age issue but so far we haven’t heard anything back. We’ll update you with those if we hear back from anyone.

It’ll be interesting to see how this shakes out since we’re pretty confident that their is no document anywhere at 300 Madison that says Schuler and Murphy were just too old to become partners. If we were to take a wild-ass guess, we’d say that the firm will point to performance reviews, etc. to rationalize the snub even if these guys were rainmakers.

PricewaterhouseCoopers age bias lawsuit revived [Reuters]