My take on the latest at the PCAOB and KPMG
In Episode 449 of the FCPA Compliance Report, I spoke with Tom Fox to discuss the current status of the KPMG defendants and what their conduct means for the audit profession going forward.
The Question of the KPMG Whistleblower
/in Audit Quality, KPMG, PCAOB, SEC, The Case Against The AuditorsThe timeline of who told whom what and when, this time around for KPMG, is a bit more complicated than David Middendorf described in his testimony in the criminal case against him for allegedly conspiring to steal PCAOB inspection data.
Another Update on the Case of FDIC v PricewaterhouseCoopers re: Colonial Bank
/in Fraud, Independence, Internal Audit, Latest, MF Global, PCAOB, Pure Content, Sarbanes-Oxley, SEC, The Case Against The AuditorsOn February 28 the US Justice Department fined Deloitte & Touche LLP $149.5 million for alleged fraud against the government related to its role as the independent outside auditor of Taylor, Bean & Whitaker Mortgage Corp. Also: The damages phase of the FDIC v. PwC case regarding Colonial Bank is set to begin in Washington DC on March 20.
At the Stigler Center Pro-Market Blog: Big 4 Lobbies Against SOx
/in Audit Firm Management, Audit Quality, Pure Content, Regulators, Laws, Standards, Regulations, Sarbanes-Oxley, SEC, Writing for OthersThe last time anyone attempted to “modernize” auditor independence rules it was the Securities and Exchange Commission, in 2000, before the Enron failure and Arthur Andersen’s demise, as a result of the growing concern that firms increasing focus on consulting was distracting them for their core purpose, auditing. The Big Four firms are now opportunistically lobbying to go back in time, before Enron, when the industry was self-regulated and mostly left alone, able to have as many conflicts of interest as their powerful public clients would allow.
The Legacy of Mary Jo White
/in Food for Thought, Regulators, Laws, Standards, RegulationsMary Jo White became the 31st Chair of the Securities and Exchange Commission on April 10, 2013. Last week she announced she would be leaving the job when President Obama leaves office. Here are some links to recent articles and a few choice ones from the past.
The Case of Valeant; Not Over By a Long Shot
/1 Comment/in Pure Content, Regulators, Laws, Standards, Regulations, SEC, You Can Quote Me On ThatNow that Valeant has cut off the gangrenous Philidor arm, we may never know the true extent of any accounting manipulation or fraud. And then again it may all come out when the rest of the organization is scrutinized. I’d say be prepared for big inventory writeoffs, or maybe even a restatement.
Deloitte US First Female CEO; There’s More We Don’t Know
/in Audit Firm Management, Audit Quality, Deloitte, Food for Thought, Regulators, Laws, Standards, RegulationsWouldn’t it be nice if investors and other interested parties could look up new Deloitte US CEO Cathy Engelbert in a public and easily accessible registry and find out about all the audit clients where she has been a lead partner or a Quality Control partner? Has she ever been named in a lawsuit or been sanctioned? Let’s hope not.
When Auditors Get Mixed Up In M&A, Smaller Clients Get Hurt
/in Independence, Latest, Pure Content, The Case Against The AuditorsA new study says smaller public companies are paying a premium for the prestige of a Big Four auditor but the auditors are dangling small clients as chum for their large acquisitive shark audit clients.
“Tax Avoidance On An Industrial Scale” Says British MP About PwC’s Luxembourg Work For AIG And Others
/in Independence, Latest, Pure Content, The Big 4 And ConsultingBritish MP Margaret Hodge grilled Kevin Nicholson, of PwC’s UK tax practice, in a Parliament Public Accounts Committee hearing on Monday. You know you’re on your “back foot” when the first thing out of your mouth has to be a denial that you lied under oath. More details about PwC’s tax avoidance scheme for audit client and US government owned AIG.
Piling Up For PwC
/in Audit Quality, Independence, KPMG, Liability Caps, PCAOB, PricewaterhouseCoopers, Pure Content, Regulators, Laws, Standards, Regulations, Sarbanes-Oxley, SEC, The Case Against The AuditorsUpdate: The PCAOB is investigating PwC for its tax avoidance advice to Caterpillar, the Wall Street Journal is reporting. One down, more than 100+ PwC audit clients advised via Luxembourg to go…
Auditor Independence: Another Case of Misplaced Loyalty
/2 Comments/in Independence, PCAOB, Pure Content, Sarbanes-Oxley, SEC, The Case Against The AuditorsRyan Adams testified on behalf of PwC in an important court case. How can PwC be independent of Adam’s employer Marin Software, and Adams, the Financial Reporting Director at this newly public PwC-audited client company, if he’s testifying on PwC’s behalf in litigation that could impact PwC’s business model in California and, perhaps, nationally?
US Department of Justice v KPMG: Document Shows “Too Few To Fail” Was Opening Premise
/2 Comments/in Attorney-Client Privilege, PCAOB, Pure Content, Regulators, Laws, Standards, Regulations, Sarbanes-Oxley, SEC, The Case Against The AuditorsA new KPMG tax shelter era document surfaced, in original format, that had not yet been cited or quoted from in any media reports. The document tells us that late in the negotiations, June 27, 2005 the DOJ still would not agree to all of KPMG’s terms, including promising not to criminally charge the firm. But the decision to make sure the firm did not “go under” had already been made. KPMG and its Skadden attorneys only had to make sure the DOJ didn’t, in a misguided show of sheer aggressiveness, cause another Arthur Andersen.