I am pleased to report my firm passed peer review in 2015.
Peer review is a process CPAs go through to inspect their audit and review work. Experienced CPAs from another firm look at your quality control procedures and read through workpapers for a selection of engagements.
In the current system there are three grades from a peer review inspection:
Pass
Pass with deficiency
Fail
I am pleased to report my firm received a pass report, the highest level currently available. I have gone through peer reviews in 2015, 2012, 2009, 2006, and 2003. Each time I received the highest grade possible.
A running debate in the donor and nonprofit community is whether the ‘overhead ratio’ is a good tool to measure the effectiveness of a charity. There seems to be more discussion of the issue lately. Wounded Warrior Project is the focal point for recent discussion. A few articles of interest along with some background:
(Cross-posted from my other blog, Nonprofit Update, because this issue is likely of interest to many readers of this blog.)
1/27 – New York Times – Wounded Warrior Project Spends Lavishly on Itself, Insiders Say – Tell me your thoughts on the ongoing conversations in the nonprofit community about overhead ratios and I will tell you whether you will think this article is a balanced critique or a hit piece.
Previously discussed the SEC enforcement action against now-felon, formerly-living-on-top-of-the-world KPMG regional audit partner Scott London for his insider trading activities.
After reading the criminal complaint along wot the SEC’s action, I now think the actual number of incidents of insider trading is two or three times more than even the SEC claims.
The enforcement action listed 18 specific incidences of insider-trading. This is larger than any number I’ve seen previously, which drew my interest. My recollection is there had been around a dozen or so incidents. Decided to compare three documents to see what they show about the extent of insider-trading. I looked at:
Plea agreement for defendant Scott London dated May 25, 2013
Criminal complaint against Scott London dated April 11, 2013
If you want to read the plea agreement and criminal complaint, I provided links here.
The plea agreement states there were at least 14 incidents. The criminal complaint cites a slightly small number but that is a soft estimate by Mr. London. What caught my attention is the SEC enforcement action lists 18 incidents.
Because the materials available from the federal PACER system are public documents, I am allowed (along with anyone else who signs up for the service) to publish them.
Thus, for your reading pleasure and future research, here is the criminal complaint against Scott London, dated April 11, 2013: …
Just realized last week I had not actually read the enforcement action. So I went back and took a look at it. You can find it here.
One thing that jumped out at me was the SEC asserted there were 18 specific incidences of passing inside information. That prompted me to dig a little deeper and write this and the next post.
Why going to this detail? Seems to me there is some ongoing interest in Scott London’s case. I am not aware of anyone who has chronicled the story in the depth that I’ve gone into. Perhaps that’s because there’s relatively limited interest in an old case. Perhaps nobody else is interest in such trivial details as the exact number of insider-trading incidents. I’ll dive into the details anyway. Perhaps I’m just weird, but I’m interested.
Here goes…
Context of timing
The SEC Accounting and Auditing Enforcement is dated September 27, 2013.
Previously mentioned that I looked disciplinary actions reported in the last four newsletters from the California Board of Accountancy (CBA). Want to better understand what happened with firms that got in trouble for audit quality or for not getting a peer review when one was required.
Will continue that discussion by looking at sanctions imposed on smaller firms and then self-imposed trouble generated by some larger firms.
Three times a year the California Board of Accountancy issues a newsletter. It contains a variety of information useful for CPAs. If you are a CPA, you really ought to be reading the newsletter.
That newsletter is also where the board publicizes disciplinary actions against CPAs.
In the last few newsletters I’ve noticed a number of cases where firms are sanctioned for substandard audits. Have also noticed a number of firms sanctioned for not getting a peer review when it was required or fibbing to the board whether they had complied with the peer review standards.
I wanted to understand better what I’ve noticed in passing so decided to dive into the disciplinary reports to get a better picture of the extent of sanctions for audit quality and peer review issues. I looked at the Fall 2014, Winter 2015, Summer 2015, and Fall 2015 newsletters.
That covers 16 months of reporting for disciplinary actions by CBA.
I focused on sanctions for audit issues excluding anything that was a follow-up to PCOAB or SEC sanctions. That rules out quite a few cases.
Also ignored a long list of social misbehavior such as DUIs (several incidents), fabricating Form E (once – fabricating the experience report? – really??), embezzlements, disbarment (once), and other such human foibles. Also excluded a variety of contingency fee violations, breaches of client trust, and sundry tax fiascos.
For context, the Fall 2015 newsletter had 28 disciplinary actions of which 5 were of interest for this little bitty research project. Of those 5 cases, the public notices refer to 2 firms which had substandard audits, 1 had a substandard compilation, and 4 included failures to get a peer review when required of which 2 fibbed to CBA about compliance with the peer review requirement.
The PCAOB finally approved a proposal to require the lead engagement partner on a public company audit to be disclosed. The name of the partner will have to be listed in a separate form filed with the SEC.
Previously discussed a sanction of Grant Thornton and two of its partners by the SEC for two problem audits. This post provides some update on the partner on one of the audits.
Francine McKenna gives us much more detail on 12/6 as she explains Best Case Yet For Publishing Audit Partners Names: Grant Thornton’s Koeppel. She points out this illustrates the value of having the name of the audit partner easily available: if that info was readily accessible, it might be possible to get an early warning on a partner that has a long trail of problem audits.
Article points us to the SEC enforcement action. I have only browsed the document. Going Concern article mentioned in my earlier post gives much of the unpleasant error-by-error detail.
Ms. McKenna points out additional highlights from the SEC. If you are still paying attention to my series of posts, you will learn a lot from her full article.
Something I did not know is the national professional standards team at Grant Thornton has a monitoring list of audit partners who have “negative quality indicators.” Based on that, I would guess most of the large firms have such a list. A watchlist for lousy audit partners is actually a thing. I didn’t know that, but then I don’t get out much.
The partner on the ALC audit was on the watchlist. The firm knew there were some quality issues.
Previous two posts in this series looked at sanctions applied by the SEC against Grant Thornton and two of its partners and then looked at a lawsuit filed by the California AG against a charity. The AG also named the charity’s auditing firm and lead partner as defendants.
This post continues the discussion of the AG’s case by looking at the charity’s 990.
Introduction to the AG’s suit and background on their complaint is explained in this post. Might want to read that intro before continuing with this discussion about the 990.
Detail in tax return
Take a look at page 10 of the 990 which has the Statement of Functional Expenses. Here are the column totals for the year ended 6/30/14:
4,916,785 – program
404,959 – general and administrative
593,922 – fundraising
5,915,666 – total expenses
Whether you classify the $1.7M of advertising as G&A or fundraising, those two categories in total are a few dollars under a million and thus are not large enough to hold all the advertising.
Here are the large expense items with line numbers in parentheses: …
First post in this series looked at sanctions applied by the SEC against Grant Thornton and two of its partners and looked at a lawsuit filed by the California AG against a charity. The AG also named the charity’s auditing firm and lead partner as defendants.
This post continues explanation of the AG’s case in California by looking at the accounting issue they allege and then looking at the charity’s 990.
I will skip a large portion of the alleged issues where the AG claims to have a problem with the charity. Let’s go to the accounting issue.
Paragraph 24 indicates the organization spent a significant amount of money on advertising.
Paragraph 25 describes the organizations public claims in which they
“… told donors that between 70 and 90 percent of the net proceeds of donated vehicles would go directly to the donor’s chosen charity. This was false.”
I have not looked at the charity’s web site, but if they made such a claim, the numbers disclosed by the charity on the 990 suggest a lower percentage existed in 2014.
Both the program service accomplishments and functional allocation suggest a lower number. My comment is based on disclosed revenue of $5.0M and disclosed grants of $2.1M (page 10 line 1) for 2014. The AG alleges the actual number is even lower than the 990 shows. Based on comments in the following paragraph, the AG asserts and alleges $1.5M of the reported grant amount was not actually grants. If you have a calculator handy and are that interested, you can calculate for yourself the percentages from the 990 and as alleged by the AG.
Paragraph 26 explains the AG’s perception and allegation of accounting impropriety: …
Wow, yesterday I read of a bunch of CPAs that are in some deep trouble.
First, a couple of partners of Grant Thornton and the firm itself were sanctioned by the SEC for some lousy audits. Second, I read of a local firm in California that was sued by the state Attorney General for allegedly helping their charity client allegedly deceive donors. The first situation is now admitted by the firm and partners, the second situation is merely alleged by the AG.
Wow.
The AG lawsuit was filed this week, on December 1, 2015.
Lesson to be learned by all CPAs is do a good job if you are an auditor. Don’t ignore massive red flags that are waving boldly in the brisk wind.
The caution to California CPAs is that it is actually possible for the AG to sue your firm and you personally. If you still thought that audits of charities are low risk, the mere filing of this case ought to change your mind.
This is a long discussion, so I will break it into three posts over three days.
I have read through the exposure draft only once, which means I am just starting to understand the proposed changes. Three items jump out at me after my first read: