Regulatory actions and programs

After a federal judge denied a request from Jeffrey Skilling to remain free on bond pending an appeal, the former Enron chief executive reported to a low-security federal prison in Minnesota Wednesday.

The Securities and Exchange Commission stopped well short of proposing exemptions from the Sarbanes-Oxley Act’s internal control provisions that many small companies had loudly lobbied for at the panel’s Wednesday meeting.Under the guidance proposed by the SEC, executives would evaluate the design of only those financial controls that might carry the risk of having a material impact on financial statements.

The U.S. Court of Appeals in New Orleans has given a reprieve to Enron’s former chief executive, who was due to report to prison yesterday and begin serving a 24-year sentence.The court’s stay of the order will keep Jeffrey Skilling, 53, out of the low-security Federal Correctional Institution in Waseca, Minn., for a while longer. He was convicted in May on securities fraud and conspiracy charges, related to his role in the accounting fraud that led to the company’s historic collapse.

The Securities and Exchange Commission plans to address the Sarbanes-Oxley compliance burden by scaling-back testing and documentation requirements for smaller public companies.

A senior accountant at PNC Financial Services Group Inc. and a former Ernst and Young partner have agreed to settle Securities and Exchange Commission charges that they played a role in PNC filing reports that inflated the company’s 2001 earnings.

A federal banking regulator has fined Grant Thornton LLP $300,000 for “reckless conduct” in performing a 1998 audit of the failed First National Bank of Keystone.

A proposal from the Financial Accounting Standards Board would require companies to provide more information about the effects of derivative and hedging activities on financial statements.

The Sarbanes-Oxley Act of 2002 is now four years old, and companies, accountants and agencies are still arguing about who should have to comply and how those who are subject to the act can meet the compliance regulations.Smaller public companies are howling at what they see as onerous costs in implementing SOX measures and software. The good news is that there is finally lots of software available to help companies of all sizes in complying with SOX.

The Tax Policy Center has released a series of data tables taking a look at the effect of the major tax changes enacted since 2001.For each table, the center compares the amount of tax owed under current law with the amount that would have been paid if the law had stayed the same as it was in 2000. Estimates are computed both for dollar-income classes (for example, $40,000 to $50,000) and for percentiles of income distribution (for example, middle quintile, which includes households in the middle 20 percent of the income distribution).

In a long-awaited move, the Financial Accounting Standards Board has proposed new accounting for mergers and acquisitions by not-for-profit organizations.Reflecting a proposed standard on for-profit business combinations, Not-for-Profit Organizations: Mergers and Acquisitions proposes the elimination of the pooling-of-interests method, the measurement of assets and liabilities at fair value, and the recognition of goodwill upon initial recognition of another entity, be it for-profit or not-for-profit.

Senators Chuck Grassley, R-Iowa, and Max Baucus, D-Mont., struck an agreement with House lawmakers on bipartisan, bicameral legislation to extend expired and expiring tax, health, trade, and other provisions.

New York — A majority of companies have instituted formal anti-fraud programs and controls as a response to the heightened regulatory environment, according to an online poll recently released by Deloitte Financial Advisory Services.

The Financial Accounting Standards Board appointed Judith H. O’Dell, CPA, as chair of the standard-setter’s newly formed Private Company Financial Reporting Committee.

In an effort to foster dialogue between auditors and those who govern non-public companies - including not-for-profits and governmental entities - the Auditing Standards Board has issued a standard requiring auditors to communicate certain issues with whomever is charged with corporate governance.The board has also established a formal attestation hierarchy and fine-tuned a few existing standards.

In search of a happy medium for the smaller public companies that have loudly complained about the cost of audits of their internal controls, Securities and Exchange Commission Chairman Christopher Cox said a new auditing standard is on the way.According to published reports, Cox said that he has been in regular contact with the chairman of the Public Company Accounting Oversight Board to develop and propose the auditing standard. Right now, Cox said that the timetable would be for the SEC to hopefully approve the standard by the spring.

The 2006 elections saw the Democrats taking control of both the House and the Senate for the first time in 12 years. The shift in the House is probably the most significant.In the House, the majority party controls the agenda: what hearings are held, what legislation gets taken up by committees. The Democratic majority is a narrow one, just as the Republican majority had been a narrow one. Many of the newly elected Democrats were chosen to appeal to moderate voters, so it is far from clear that there has been a major shift in the view of House members on tax issues. Still, control of the agenda will tend to mean that Democratic proposals, rather than Republican proposals, will emerge from the House Ways and Means Committee.

Home mortgage giant Fannie Mae announced that it will reduce its earnings by $6.3 billion to correct accounting problems dating back to 2001.

The Public Company Accounting Oversight Board will meet on Dec. 19 to consider exactly what changes to Sarbanes-Oxley’s internal control measures it will issue for public comment.

Robert N. Anthony, an honored member of the Harvard Business School faculty for more than 40 years and a prolific scholar, author and innovator in the field of management accounting and control, died Dec. 1 in New Hampshire.

Deloitte & Touche is the first of the Big Four to have its annual inspection posted by the Public Company Accounting Oversight Board this year.The PCAOB’s Nov. 30 report was posted to the board’s Web site late last week and cites Deloitte for failing to obtain sufficient evidence to back up decisions in a number of audits of public companies. The firm disagreed with the board's conclusions in nearly two-thirds of the audits cited, offering a rebuttal of many of the board's criticisms as part of a response letter included with the PCAOB's report