Audit

The head of the body that oversees both the Financial Accounting Standards Board and the Governmental Accounting Standards Board has petitioned Connecticut Governor Jodi Rell to veto a measure that would allow the state comptroller to set accounting standards and bypass GASB. Robert J. DeSantis, president and chief executive of the Financial Accounting Foundation, wrote to Rell requesting that she veto the legislation, which has already passed in both the Connecticut House and Senate. The legislation "threatens the integrity and objectivity of the independent standard-setting process and is a step backwards for public trust, government accountability, financial transparency and the state's investors," DeSantis wrote. Barry Melancon, president and chief executive of the American Institute of CPAs, also sent Rell correspondence urging a veto.

Deloitte Financial Advisory Services LLC, a unit of the Big Four firm, has launched a new think tank designed to analyze fraud, corruption and other issues facing the global business community. The Deloitte Forensic Center will focus on exploring fraud-prevention issues with attorneys, regulators, academic experts, investigators and accountants involved in forensic matters. Areas of study will be decided by an informal, independent panel of advisors -- one of whom is former Federal Reserve Chairman Paul Volcker -- and lead by Frank Hydoski, director of Deloitte Financial Advisory Services, and Deloitte partner Toby Bishop. Hydoski and Bishop are full-time members of Deloitte FAS's Forensic & Dispute Services Team. The directors anticipate each area of study, when decided, will take about four months to publish its findings, and expect two to three more topics to be explored within the next year. "A number of our practitioners have noticed business leaders are increasingly asking us questions," Bishop said during a press conference at the center's launch. "It was a risk most organizations didn't have to deal with. What we've seen over the last 10 years is an evolution [that] fraud and corruption are endemic issues." Bishop said that another goal of the DFC is to play a role in "thought leadership" on fraud and corruption issues, and to take the information the organization already has on such matters and figure out how to apply it more effectively. For example, in trying to find what techniques work best to limit the prevalence of corruption, the group will ask questions addressing whether it is better to approach change within the corporate culture through anti-corruption policies or work on the governmental level to create preventive laws. "Fraud has increased over the last decade in its reach and impact but many business leaders have grown up in an era where it's not a big deal, it happened to bad companies," Bishop said. "If they choose not to deal with it, they are in for some unpleasant surprises. But persuading people that they need to do something about it is very hard."

The Public Company Accounting Oversight Board has identified deficiencies in eight audits performed by Big Four firm Deloitte during an inspection of the firm conducted over a six-month period in 2006. The audit overseer said that in some cases, the audit deficiencies "were of such significance that it appeared to the inspection team that the firm, at the time it issued its audit report, had not obtained sufficient competent evidential matter to support its opinion on the issuer's financial statements." The audit clients are not identified in the PCAOB's inspection report. A response letter to the board by the Big Four firm raised objections to the findings in two of the audits. Deloitte said that it was committed to "the highest standards of audit quality." The firm said that it has already begun work to address the board's concerns over the remaining audit reports. The report can be accessed at: http://www.pcaobus.org/Inspections/Public_Reports/index.aspx

The Public Company Accounting Oversight Board named insider C. Gregory Scates as deputy chief auditor. In that role, Scates, 53, will provide technical direction in the development of the board's standards. He will report to Tom Ray, the PCAOB's chief auditor and director of professional standards. Scates, who came aboard the PCAOB in 2003, helped develop Auditing Standards Nos. 1 and 3, which deal with reporting on audits in accordance with the standards of the PCAOB and audit documentation. He also has developed staff guidance on technical auditing matters, and led various current standards-setting projects. Prior to joining the PCAOB, Mr. Scates was associate chief accountant in the division of enforcement at the Securities and Exchange Commission.

The Center for Audit Quality, a affiliated group of the American Institute of CPAs, has signed on to the Aspen Principles, a set of guidelines focused on business practices, investment practices and the long-term competitiveness of U.S. business. Prompted by concerns about the short-term pressures on publicly traded companies and rising public sentiment against excessive executive compensation, the signing of the four-page document by 12 members of The Aspen Institute Corporate Values Strategy Group is the culmination of a two-year process. The Aspen Institute Business and Society Program spearheaded the lengthy initiative in collaboration with the Council of Institutional Investors and the Business Roundtable. Key provisions of the Aspen Principles call for: * Companies to stop providing quarterly earnings guidance to analysts and to not respond to analyst estimates. * Corporate boards to communicate with "long-term- oriented investors" on senior executive compensation. * Requiring senior executives to hold stock they are given for at least some period beyond their tenure with the company, thus tying them to the long-term growth of the company. * Banning senior executives from hedging the risk of long-term-oriented stock option compensation. * Providing for "clawbacks," which involve recouping senior executive compensation awarded based on the achievement of performance targets subsequently slashed or wiped out by corporate financial restatements. Other organizations that have signed the Aspen Principles include the AFL-CIO, PepsiCo, Pfizer and Xerox. Separately, the CAQ said that it would host a panel discussion and luncheon July 30 at the National Press Club in Washington to mark the fifth anniversary of the passage of Sarbanes-Oxley.

In a three-year-old legal fray that resulted in a mistrial in March, a jury here has found global audit firm BDO Seidman guilty for its failure to detect audit fraud that prompted a Florida financial services company to declare bankruptcy. The verdict stems from a suit filed in 2004 by Banco Espirito Santo SA, a Portuguese bank that charged BDO with failing to uncover some $170 million of fraud at financial services firm E.S. Bankest, a former partner of the bank.

The Treasury is seeking nominations for its previously announced strategy to establish an Advisory Committee on the Auditing Profession -- a committee charged with studying the accounting profession and ways to keep the auditing profession vibrant and the U.S. capital markets competitive. Last month, Treasury selected former Securities and Exchange Commission Chairman Arthur Levitt and former SEC chief accountant Donald Nicholaisen to help lead the effort. The committee is expected to take about a year to study topics such as the concentration of the Big Four and their exposure to potentially crippling shareholder lawsuits. The panel is scheduled to begin its work in the fall. Nominations should be sent to ACAPmembership@do.treas.gov or Advisory Committee on the Auditing Profession Membership, Office of Financial Institutions Policy, Department of the Treasury, Main Treasury Building, Room 1418, 1500 Pennsylvania Avenue, NW., Washington, D.C. 20220. Nominations must be received on or before July 11, 2007.

One month after four employees of Big Four firm Ernst & Young were charged with conspiracy to commit tax fraud, a former employee of the audit firm has pled guilty to similar charges. Dallas-based E&Y employee Belle Six entered her plea in Federal District Court in Manhattan. Six, who worked in the firm's Viper Group that created and sold tax shelters, will, according to her agreement, forfeit some $13 million she received as compensation.

E&Y DECLINES RE-ELECTION AT TELETECH

Recently, Accounting Today printed both an article by Joel Jameson (March 19-April 1, 2007, page 14) and a letter from Alfred King (April 16-May 6, 2007, page 8) that rebutted our long-espoused view that financial reporting should be based on market values.

Valuation for financial reporting has long befuddled accounting professionals. Differences among industrial sectors often lead to inconsistencies, and recent new requirements for fair-value reporting have made the process even more confusing.

Do consumers really understand what a fiduciary standards means in the financial services industry? And, perhaps more importantly, do they even care? A new survey from the National Association of Personal Financial Advisors (NAPFA) was unveiled recently at its annual convention in Chicago and it certainly answers those two questions.

Williams & Webster PS, a CPA and business advisory firm with offices in Seattle and Spokane, has been censured by the Public Company Accounting Oversight Board for violations stemming from a 2004 client audit.

The Public Company Accounting Oversight Board is currently accepting 15 member nominations and re-nominations for its Standing Advisory Group. The 31-member SAG is comprised of representatives from audit firms, public companies and the investment community. Appointments are for two-year terms. The audit overseer has also scheduled its next SAG meeting for June 21 in Washington. The focus of the meeting will center on interim standards and fair value. Both the SAG nomination forms and the Webcast for the June meeting can be accessed at www.pcaobus.org. In related PCAOB news, chairman Mark Olson told attendees at a governance and compliance conference late last week, that the simpler language found in Auditing Standard No. 5 on internal controls should help pare down the costs of 404 compliance. Olson said AS5, unlike its predecessor AS2, was written in English and not "audit-speak."

Six of the nation's largest CPA firms have collaborated on a white paper and submitted it in late May to then-Internal Revenue Service Commissioner Mark Everson with a series of recommendations on strategies to close the $300 billion tax gap. The letter, submitted by executives from BDO Seidman, Deloitte, Ernst & Young, Grant Thornton, KPMG and PricewaterhouseCoopers, told Everson that strategies to narrow the massive payment fissure should encompass such areas as targeting the service's efforts toward high-risk areas of noncompliance, making better use of technologies, and establishing measurable milestones over reasonable time frames to monitor effectiveness. The paper also held tax preparers' feet to the fire as a part of the problem stating that in some cases, the preparers "failed to inquire for complete facts or otherwise facilitating noncompliance. Initiatives directed at improving the performance of paid tax return preparers and strengthening the integrity of the tax system should be undertaken as part of any strategy to improve voluntary compliance and reduce the tax gap," the paper said.

Yep, it's that time of the year again! CPA Wealth Provider is calling for nominations for its Fifth Annual Financial Planning Awards in any of the following categories: CPA/Financial Planning Firms, Broker/Dealers, and Financial Planning Software Vendors.Winners are those firms or companies that have taken the lead through innovation, efficiency, initiative, or growth in the financial planning area.

In testimony on Capitol Hill, Securities and Exchange Commission Chairman Christopher Cox said that the costs of complying with Sarbanes-Oxley's Section 404 will go down, but reiterated his position that there was no need for another delay in 404 compliance for smaller filers. Testifying before the House Committee on Small Business, Cox said, "The focus of this hearing is on whether the SEC's new guidance for management, and the PCAOB's new standard for auditors, will lower compliance costs for small companies. The answer is yes." Cox said he did not support further delays in the current deadline for small companies -- generally defined as those with less than $75 million market cap -- to file their first management report on internal control. The chairman said the costs of SOX will go down under the SEC's new guidance because companies "will be able to focus on the areas that present the greatest risk of material misstatements in the financials," and will be able to "exercise significant judgment in designing an evaluation tailored to its individual circumstances."

Tax, audit and accounting software and services provider CCH, a Wolters Kluwer Co., had added a Sarbanes-Oxley Section 404 internal controls library to its proprietary Accounting Research Manager database. The new offering includes materials such as: * The American Institute of CPAs: professional standards related to internal controls;*The COSO Internal Control Integrated Framework;* Institute of Internal Auditors' "Designing and Writing Message-Based Audit Reports";* Public Company Accounting Oversight Board auditing standards related to internal control; and,* Securities and Exchange Commission rules and releases related to internal controls. For more information, go to www.accountingresearchmanager.com

The allegations in the criminal indictment of two former and two current Ernst & Young partners for tax fraud conspiracy and related crimes arising out of tax shelters promoted by E&Y makes for some very interesting reading. All four worked in a E&Y group first named VIPER (Value Ideas Produce Extraordinary Results), and later renamed SISG (Strategic Individual Solutions Group). One was the former national director of E&Y’s Center for Wealth Planning, another the national director of E&Y's Personal Income Tax and Retirement Planning practice. The basic premise of the U.S. attorney, as stated in the press release, is: “In order to maximize the appearance that the tax shelters were investments undertaken to generate profits, and to minimize the likelihood that the IRS would learn the transactions were actually designed to create tax losses and deductions, the defendants and their co-conspirators created and assisted in creating transactional documents and other materials containing false and fraudulent descriptions of the clients' motivations for entering into the transactions, and their motivations for taking the various steps that would yield the tax benefits.” The tax shelters are described as “cookie-cutter products that would eliminate, reduce or defer large tax liabilities.” One of the allegations is that the defendants worked with law firms to provide E&Y's clients with opinion letters that claimed the tax shelter losses or deductions would "more likely than not" or "should" survive IRS challenge, and the defendants knew those opinions were based upon false and fraudulent statements that omitted material facts. The indictment also alleges that the defendants and their co-conspirators undertook these actions so E&Y could participate in the highly lucrative tax shelter market in which other accounting firms were already participating. In response to the indictment, E&Y issued a press release stating those indicted are two former partners and two partners who have been on administrative leave, that they were part of a small group within the firm that disbanded years ago, and that E&Y voluntarily made many changes and enhancements to their tax practice. It also mentioned that some changes were made pursuant to a 2003 agreement with the IRS, which E&Y proudly proclaimed the IRS Commissioner called a "model for agreements with practitioners.” The indictment explains in detail how the shelters worked and were marketed, contains numerous quotes attributed to the defendants, and has an allegation the fees charged were based on a percentage of the tax savings obtained. Interestingly, there is a claim that three defendants utilized a fraudulent tax shelter with regard to the proceeds they received when E&Y sold its consulting business to Cap Gemini. The more I read, the more it reminded me of Enron’s downfall. As with Enron, there is an accounting firm involved, law firms certifying the validity of very complicated transactions, and financing from a third party. What is different is, unlike in Enron, the originator of the transactions is the accounting firm. I consider this difference to be very significant. But it is obvious, after the demise of Andersen, the government has decided to go after individuals criminally, rather than the firm, so as not to put the future of a Big Four firm in jeopardy. If it goes to a jury trial, how will the government simplify the transactions? What are the perceived smoking guns that it will present? With regard to the defense, will they claim the tax shelters weren’t criminal but very aggressive attempts at tax savings, similar to 1031 exchanges? If successful, the government will probably feel those in accounting firms, because of fear of criminal prosecution, will reign in a firm from engaging in fraudulent activities. I wonder if the government has successfully made that point already simply by indicting four former or current partners of a Big Four firm. A copy of the indictment is at http://online.wsj.com/public/resources/documents/EYIndictment20070530.pdf. The government’s press release is at usdoj.gov/usao/nys/pressreleases/May07/eyindictmentpr.pdf.

A bill that is now before the Connecticut State Senate would give its state comptroller the legal authority to establish GAAP for the state’s financials, thereby sidestepping the Governmental Accounting Standards Board — the standard-setter for governments and municipalities.