July 2014

Law to prevent tax evasion, FATCA, likened to a nuclear weapon

A new law went into effect July 1, 2014 in the United States that requires all foreign banks to report to the US information on their customers that are US citizens.

This will create a huge amount of paperwork.

It is quite unpopular. Many perceive it as yet one more example of extraterritoriality, the US forcing everyone outside the US to comply with US law or else.

Tech tools for auditors, courtesy of Charles Hall

I’ve had my head down for the last two months writing about inside trader Scott London, his golfing buddy, their checking in to the same federal penitentiary, along with mega-bank PNB Paribas paying a nine billion dollar fine for deliberately laundering $190 billion dollars for bad people, and pondering whether they got off easy or were unjustly hammered.

In the meantime, Charles Hall at CPA-Scribo has written an amazing string of accounting, auditing, and tech articles.

Time for me to catch up on pointing you to his articles.

I’ll start with some tech tools that CPAs can use:

Convenient apps for phones – 2/23/14 – An Auditor’s Cell Phone

Comments from Scott London interview – 7th and final part

Preparation for prison and life after release.

This is the last post describing Scott London’s interview during a four-hour CPE session on June 26. The first post explained the goal of this series is to organize a number of comments in the session. The course was presented by The Pros & The Cons.

This post will cover preparation for prison, life afterwards, and another earned consequence.

Preparation for prison

When asked, Mr. London said he is spending a lot of time with family and friends before he reports to prison.

Comments from Scott London interview – part 6

This is the sixth in a series of posts describing comments in an interview of Scott London during a four-hour CPE session on June 26. The first post explained the goal of this series is to organize a number of comments in the session. The course was presented by The Pros & The Cons.

This post will cover a few stray comments in the interview.

Expectation of total amount of insider trading gains

Scott London is in prison on 7/19/14. Expected release date 7/23/15.

Looks like he surrendered into custody yesterday.

The Bureau of Prisons has an Inmate Locator Service which provides location and incarceration data for all federal prisoners since 1982. Lookup is by name or register number.

As of Saturday morning, 7/19, the locator shows Scott London (register 64641-112) is incarcerated at Taft Correctional Institute, near Bakersfield, California.

Scott London expected to report to prison on Friday; Bryan Shaw is already in custody.

At sentencing, Judge Wu ordered Scott London to report to prison by noon on July 18. That is today.

When I checked the Federal Bureau of Prisons Inmate Locator Service on Thursday evening, it showed Mr. London’s status as not in custody with no release date. That’s what I expected.

Then I checked on Mr. Shaw. The court sentenced Mr. Shaw to 5 months with recommendation of confinement at either Taft or Lompoc with orders to report by August 1, 2014.

He is already in custody.

What is the point of accounting? Providing economic history or predicting the future?

That is the underlying question raised by Prof. Charles M. C. Lee in a speech he gave which is summarized in an article at the Stanford graduate school of business website: Charles Lee: Why Fair-Value Accounting Isn’t Fair.

Let me help you stretch your brain. After writing this article, mine hurts. (Okay, okay, I hear you saying it doesn’t take much to strain Jim’s brain.)

The professor’s full speech is here. I read the first third of the paper, up to the point he starts talking about stock valuation theory. Good stuff.

One sentence summary from the article: …

Comments from Scott London interview – part 5 – motivation

This is the fifth in a series of posts describing comments in an interview of Scott London during a four-hour CPE session on June 26. The first post explained the goal of this series is to organize a number of comments in the session. The course was presented by The Pros & The Cons.

Motivation

In the interview, Mr. London said he is still working through the issues that led him to do this. The underlying factor is a behavioral issue inside of him. He insisted it has nothing to do with the KPMG system.

At the point that sharing transitioned from public to nonpublic information, Mr. London thinks he was responding to the appeal of human nature to help a friend in need once in a while. There was a definite slippery slope. In the midst of these comments Mr. London was clear that he took the blame.

Comments from Scott London interview – part 4

This is the fourth in a series of posts describing comments in an interview of Scott London during a four-hour CPE session on June 26. The first post explained the goal of this series is to organize a number of comments in the session. The course was presented by The Pros & The Cons.

The worst day of his life

The FBI knocked on the door of the London home at 8 AM after everyone else had left the house. Mr. London said that was the worst day of his life.

No kidding.

The interview lasted about 15 minutes. Their biggest concern? How many other people were involved.

Comments from Scott London interview – part 3

This is the third in a series of posts describing comments in an interview of Scott London during a four-hour CPE session on June 26. The first post explained the goal of this series is to organize a number of comments in the session. The course was presented by The Pros & The Cons.

Status with Bureau of Prisons

As an aside, the Bureau of Prisons has an Inmate Locator Service, which provides public disclosure of federal inmates.

On July 10, Scott London is listed in their database. His register number is 64641-112.

His status is Not in BOP Custody with a release date of Unknown.

Back to the interview…

The sting

Let’s step outside the interview.  At a time I’ll tie in later, the SEC called Mr. Shaw. He poured out the whole story.

Then the FBI got involved and the sting started.

Back to the interview.

In early 2013 Mr. London received three or four phone calls from Mr. Shaw asking for more information.

Comments from Scott London interview – part 2

This is the second in a series of posts describing comments in an interview of Scott London during a four-hour CPE session on June 26. The first post explained the goal of this series is to organize a number of comments in the session. The course was presented by The Pros & The Cons.

The payoffs

Mr. London says he got around $50,000 in total. He thinks that Mr. Shaw exaggerated the jewelry and concert tickets in order to make the playoffs look bigger. He thinks Mr. Shaw may have paid $3,000 for the watch.

Fine against BNP Paribas for money laundering in context of their financial statements

Previously discussed that maybe BNP Paribas got off easy for illegally laundering $190 billion.

This post will give some context to the fine.

The $8,973M fine is equal to 6,593M Euros.

For the rest of this article, all amounts are in millions of Euros.

The bulk of the evasion of sanctions ran from 2002 through 2009 but continued into 2012, well after the bank knew the investigation was underway. That is concentrated on 8 years but stretched out to about 11 years. Let’s assume the volume was actually dropping in ’11 and ’12 so it is essentially a 10 year run of money laundering.

That means the fine was paid in one year, but it is an accumulation of 10 years activity. Thus we can amortize the fine over 10 years

Fine in relation to financial statements

Let’s look at the fine in relation to the 2013 consolidated financial statements, which can be found here on this page of their website.

Balance sheet (page 126)

Comments from Scott London during interview – part 1

On June 26, 2014, Scott London was interviewed in a four-hour CPE webcast on professional ethics.

The course was presented by The Pros & The Cons. The interviewers were Gary Zuene, CPA, Gaylen Hansen, CPA, and Michael Sallah of the Washington Post.

There are two published interviews that took place before the CPE session:

I’ve seen two articles discussing the interview:

This post will summarize some of the comments from that interview that I found to be of particular interest.

The goal of this series of posts is to get the interview comments organizing into related topics.

Context for this series

I am presenting my comments about the interview with only a few narrative statements. At some later point I will correlate this with other news reports.

I won’t comment now about my perceptions or how we interpret Mr. London’s comments. That is for another series of posts. Maybe.

How did the insider trading scheme develop?

Those horrid penalties on BNP Paribas. Are they just a cost of doing business?

Let’s look at the fines and penalties from a different perspective.

Perhaps the consequences are just a cost of doing business. Perhaps the bank got off easy.

Let’s look at the penalties:

  • $8,973B fine
  • Guilty pleas on one federal criminal count and two state criminal counts
  • 13 individual staff terminated
  • 12 month ban on dollar settlements for six departments

Looking closer…

Fine – public comments are it will not have any impact on the bank. …