Internal control issues at Weatherford Int

Mar 28, 2011

Weatherford International Ltd, a Geneva based oilfield services and equipment company, announced that it will be restating its results back to 2007 and delay the 2010 annual report. The delay the company said is due to tax accounting errors stemming from failure of internal controls.

The errors relate to writing off tax assets that were booked on transactions between subsidiaries starting in 2007. The corrections amount to more than $500 million over 4 years starting 2007.

Other than the accounting issue the company will definitely get hit with lower revenue in the next year due to the ongoing turmoil in the Middle East and North Africa.

Why did Howard Atkins leave Wells Fargo?

Feb 18, 2011

Was it really personal reasons that led to Howard Atkins, CFO of Wells Fargo to resign. The buzz is that Atkins resigned because he was involved in an internal dispute regarding financial disclosure in relation to Sarbanes Oxley Act.

When most of its competitors are increasing their disclosures regarding loan losses and related data during the past three years, Wells has shunned the practice. That makes me wonder, what is it that Wells is hiding!

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Repo 105 email exchange

Feb 17, 2011

I recently read an article about the exchange of emails between executives at Lehman Brothers regarding the Repo 105 practice the company was engaged in. Below are some of the comments of the executives-

Martin Kelly, Lehman’s global financial controller, stated that the transactions had “no substance”—their “only purpose or motive . . . was reduction in the balance sheet.”

Other Lehman executives described Repo 105 transactions as an “accounting gimmick” and a “lazy way of managing the balance sheet as opposed to legitimately meeting balance sheet targets at quarter-end.” Bart McDade, Lehman’s president and chief operating officer in 2008 (the year the company filed for bankruptcy), in an email called Repo 105 transactions “another drug we are on.”

This drug definitely was fatal for the organization which filed for bankruptcy in 2008!

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Japan deciding on IFRS

Feb 15, 2011

On February 7 and 8, 2011 members of the Accounting Standards Board of Japan and the Financial Accounting Standards Board (FASB) met to update each other on the progress they are making on convergence of their respective Accounting Standards with International Financial Reporting Standards (IFRS). This meeting is one of the many that FASB has undertaken with different International Accounting Standards Board to discuss the convergence of  U.S. GAAP with International Financial Reporting Standards.

 In terms of making a decision about convergence, for Japan it will be around 2012. For US, the Securities and Exchange Commission is expected to decide whether the FASB and IASB (International Accounting Standards Board) have made sufficient progress on convergence, and whether IFRS can eventually be incorporated into the U.S. financial reporting system.

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Another audit firm under attack

Feb 3, 2011

In a recent verdict of a nine year legal battle between BDO Seidman and the estate of George Batchelor and the Batchelor Foundation, the jury ordered BDO to pay $91.7 million in damages for fraud and negligence over the firm’s auditing of Grand Court Lifestyles Inc, a company in which Batchelor had made substantial investments. Grand Court went bankrupt leading to huge losses for the investor.

The lawsuit accuses BDO of careless auditing practices of Grand Court, a company engaged in servicing, acquisition, development, and management of senior living communities. An interesting factoid is that prior to hiring BDO Grand Court had fired their auditor Deloitte & Touche because the auditing firm did not agree with Grand Court about accounting procedures and insisted on appraising the value of all of Grand Court’s multi-family homes, rather than just a sampling of properties. Allegedly BDO agreed to use the less costly method of sampling and so they were brought in to replace Deloitte.

Volt may soon be delisted from NYSE

Feb 3, 2011

Volt Information Sciences, a staffing and business services provider, may soon be delisted from the New York Stock Exchange due to missing their financial statement filing deadline. The company’s last statements are a year old!

The reason for the delay is that the company is undergoing an accounting review which as of date has cost the company $22 million; the review is still not complete. There is a restatement in line, but there is no indication as to what its impact will be on the assets and liabilities. The company has been releasing piece meal information- recently it reported the size of its cash balance and an estimate for its revenues by segment for 2010. But that is all; the whole picture is still missing.

The company believes it will miss the latest deadline for filing its financials and so may end up getting delisted from NYSE and become an over the counter stock!

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CIT Group Inc restates its earnings

Feb 2, 2011

CIT Group Inc, a lending institution, restated its financial statements for the first three quarters of 2010 due to accounting error that the company’s management found.

The errors were mainly related to the use of “Fresh State Accounting”, a form of accounting used by companies that have exited bankruptcy. But unlike most other restatements, this one has a positive impact on the company’s financial statements. The revised results have led to an increase in net income of approximately $25 million for the nine months ended September 30, 2010. The company’s book value also has been increased by 10 cents to $44.2 due to the restatement.

Joint rule proposed for bank losses

Feb 2, 2011

Another step towards the convergence of accounting standards was taken recently when a joint proposal was made by International Accounting Standards Board (IASB) and the U.S. Financial Accounting Standards Board (FASB) in relation to recognizing the losses on loans by banks.

The current practice in many countries requires that the banks wait to write down the value of financial asset until they have hard evidence of the loss. But the proposed rule will require that the banks predict the losses ahead of time, so they have more time to find the extra funds to cover the losses.

This rule will help address one of the main issues in the recent financial crisis ; by the time the financial institutions recognized the loan losses it was too late in the game. The taxpayers funded bailout money was the savior for many of these financial institutions.

Healthcare Locum suspends its CFO and founder

Jan 31, 2011

Healthcare Locum, a firm specilizing in suppling healthcare staff and social workers to public and private-sector clients, announced the suspension of executive vice-chairman and founder Kate Bleasdale and chief financial officer Diane Jarvis, amidst discoveries of accounting irregularities.

The company said that “Serious accounting irregularities have been brought to the attention of the board as a result of which the company will be carrying out an immediate investigation to consider the financial implications.”  It further stated that it had “strong reason to believe” profits for 2010 would be “materially below market expectations”, about £22 million, after the irregularities were uncovered internally.

Shareholders suffered last year due to poor perfomance of the company and have taken a further 25% hit since the business reported weak first-half results in September. This news is sure to increase the suffering of the shareholders.

Embezzlement of NT$1 billion in company’s assets

Jan 31, 2011

Just a few days before the Lunar Holiday period begins, the chairman Lin Wei-shan of Tatung Company, one of Taiwan’s leading home appliance makers,  was questioned by prosecutors and investigators for the alleged embezzlement of NT$1 billion (USD 35 M) in company’s assets. According to Banqiao District Prosecutors Office, Lin allegedly embezzled more than NT$1 billion from Tatung in order to pay for a loan owed by another company he founded that was running in debt. After paying the debt owed by the company with the money, Lin promptly disbanded the company in question, a move that had violated the Securities and Exchange Act.

The news will definitely hurt the company stock once the trading begins after the holiday period ends.

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Complaint against NutraCea

Jan 25, 2011

On January 13, 2011 Securities and Exchange Commission filed a complaint against NutraCea, an Arizona based health foods manufacturer and seller, alleging the company of falsification of its financial statements.

The complaint states that the company overstated its revenues in 2007 by booking invalid sales and engaging in improper revenue recognition practices. Two key cases highlighted in the complaint are – false booking of sales of $2.6 million by NutraCea to Bi- Coastal Pharmaceutical Corp and improperly recording revenue on bill and hold transactions – $1.9 million sale of product to ITV Global, Inc. (“ITV”) in the fourth quarter of 2007.

As a result of these two transactions alone, NutraCea overstated its product sales revenue by 36.8% and misstated its operating loss by nearly 7% for fiscal year end 2007.

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PCOAB and POB join hands

Jan 13, 2011

With the recent Dodd Frank law amending the accounting rules to permit exchange of information with overseas regulators, the Public Company Accounting Oversight Board (PCOAB) and its British counterpart Professional Oversight Board (POB) have signed an agreement to cooperate in the oversight of auditors and public accounting firms in either jurisdiction.The six largest global accountancy firms – BDO, Deloitte, Ernst & Young, Grant Thornton, KPMG and PwC have also welcomed this co-operative agreement.

The agreement provides a basis for the resumption of PCAOB inspections of registered accounting firms that are located in the U.K. and that audit, or participate in audits, of companies whose securities trade in U.S. markets. The PCAOB previously conducted inspections in the United Kingdom with the POB from 2005 to 2008, but has been blocked from doing so since that time.

The agreement could open the door for the PCAOB to look into Ernst & Young UK’s role in the accounting fraud involving the removal of billions of dollars of fixed income securities from the Lehman Brothers balance sheet to deceive investors about the bank’s liquidity; the Repo 105 scandal.

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Sri Lanka getting ready to adopt IFRS

Jan 10, 2011

The Institute of Chartered Accountants of Sri Lanka (ICASL) plans to adopt new accounting guidelines for Sri Lankan companies in line with International Financial Accounting Standards starting 2012.

The Central Bank of Sri Lanka, in its Road Map Monetary and Financial Sector Policies for 2011 and beyond report released in January 2011 has included the initial steps to facilitate the adoption of  international standards. The reports states that changes would take place to Sri Lanka Accounting Standards (SLAS) 44 and 45 on financial instruments corresponding with International Accounting Standards of 32 and 39. Already work is under way to implement these changes starting from January 2012.

IFRS can soon add another country to its list of adopters.

Digimarc replaces its auditors

Jan 10, 2011

Digimarc Corp. , a technology firm that makes digital watermarks, has replaced its auditor, Grant Thornton. The reason, Digimarc and its auditors are unable to reach an agreement on how to account patent licencing revenue.

In October 2010, Digimarc licensed a substantial portion of its patent portfolio to Intellectual Ventures for a $36 million fee and 20 percent of future profits from the patents.

The company filed an 8K on December 27, 2010 in which it states that “during 2010, there was one disagreement with GT on a matter of accounting principles in which GT communicated that it disagreed with the Company’s proposed accounting treatment concerning revenue recognition related to the patent licensing arrangement entered into between the Company and IV Digital Multimedia Inventions, LLC, an affiliate of Intellectual Ventures (“IV”), on October 5, 2010. ” (as stated in the 8K)

The company has hired KPMG as its new auditor.

The Parmalat Scandal

Jan 7, 2011

Parmalat SpA, an Italian dairy and food company, declared bankruptcy in late 2003 primarily due to an accounting scandal worth 8 billion euro.

The saga began when Parmalat defaulted on a $185 million bond payment in mid-November 2003. This act made the auditors and banks look more closely at the company accounts. Some 38% of Parmalat’s assets were supposedly held in a $4.9 billion Bank of America account of a Cayman Island based subsidiary of Parmalat called Bonlat. But on Dec. 19, Bank of America reported that no such account existed! And so began the unfolding of the grand scam at Parmalat.

Auditors first inquired about the Cayman Islands account in December, 2002, and received a letter on Bank of America stationery in March, 2003, confirming the existence of the account. The letter was later found to be a well done forgery by someone in Parmalat’s Collecchio headquarters. Also under question was the 2003 buy back of $3.6 billion in outstanding bonds that Parmalat claims to have done, which from the records doesn’t seem to have actually taken place.

Then there was the issue of the company selling itself credit linked notes, in effect placing a bet on its own credit worthiness and in the process creating an asset on its books. A 1999 deal with Citi is a good example of such a transaction. The company did a deal with Citi where the bank made a $146 million “investment” in return for a chunk of the company’s net profit. By setting up the transaction as an investment and not a loan Parmalat made its borrowing costs appear smaller than they actually were and created an asset rather than liability.

The question is where did the billions go? Well the CEO Calisto Tanzi confessed to misappropriating close to a billion dollars and diverting the funds to cover losses in other family owned businesses. From one loss making entity to another loss maker; definitely not a good business move Mr Tanzi!

The final but critical question is who the auditors were and what is their reaction to the scandal? From 1990-99 the auditors were Grant Thornton International. In 1999, Parmalat was forced to change its auditor under Italian law, and it replaced Grant Thornton with Deloitte Touche Tohmatsu. However, Grant Thornton continued to audit Parmalat’s offshore entities. Neither firm uncovered what was years of accounting fraud. The auditor’s response to the scandal;  Grant Thornton called themselves the “VICTIM” of the deceit and Deloitte pointed out that they first raised the questions about Parmalat’s accounts on Oct. 31, 2002 (almost 3 years after they first became the auditors!). 

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