• Latest

    The Legacy of Mary Jo White

    Mary 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 Big 4 And Globalization

    More On My Reuters Breakingviews Column: The Andersen Tax Name Grab»

    The news that a tax consulting firm made up of ex-Andersen partners would take the Andersen name garnered much media attention, as you might expect. It says something—but maybe not what the firm’s partners think— that so many years after the destruction of Arthur Andersen by criminal indictment—thirteen years—so many people care.


    A China Fraud Dissected: Part 3 AgFeed’s Trusted Advisors Protiviti and Latham & Watkins»

    Company executives and directors like to believe they can purchase a posse of “trusted advisors”. Instead, they’ve often only bought a gaggle of self-interested auditors, lawyers, and consultants. But to whom does each of those vendors owe loyalty?


    A China Fraud Dissected: Part 2 AgFeed’s Auditors»

    AgFeed had the benefit of two PCAOB registered and inspected audit firms. There is no indication on either the SEC or PCAOB website of an investigation of either for what happened at AgFeed. Is this one going to end badly, too, like the Gately case?


    Where I’ve Been

    Speaking Engagements/Conferences»

    Next Up: March 8, 2017, Columbia University Business School, New York, New York. I will be participating in a journalist panel moderated by Bill Grueskin, Academic Dean of the Journalism School at Columbia, at the 2nd Annual News and Finance Conference, “News and Financial Markets”.


    NYSSCPAs Breakfast Briefing: Whistleblowing Under Dodd-Frank – Update»

    I’ve written at Forbes about the event, including some quotes from Sherron Watkins that made news. Links to a replay of the webcast and a live-blog of the event are included here.


    McKenna Interviewed By The FCPA Compliance and Ethics Report»

    I was interviewed back in August by Tom Fox for his podcast on FCPA compliance and ethics issues.


    The Case Against The Auditors

    More on KPMG and the Precedents for Possible Punishment»

    Why did they do it? The WSJ walks around the question but KPMG may face big fines and, I think, its partners and the PCAOB professional could face criminal charges.


    KPMG Takes Its Turn With a Big 4 -Sized Scandal»

    The KPMG/PCAOB scandal is neither the first or last time a Big 4 firm reminded us that there’s nothing special anymore about being a Big 4 firm professional The firms, and their partners, are not capitalist eunuchs, immune from perverse incentives that advocates for free markets say, if big enough, can corrupt anyone.


    Interesting Disclosures During TBW v. PwC Pre-Trial Period»

    The TBW v. PwC trial gave the public quite a few interesting disclosures about the audit industry and PwC, including some some pointing to how the firms’ finances, in this case PwC, work.


    Your Career

    New research: Accounting students are not generally psychopaths but some slip through»

    New academic research says accounting students are less likely to be psychopaths who will commit fraud but surprising admissions by some suggest a reason to be wary.


    PwC Settles Campbell Overtime Case; Impact To Profession Is Happening Now»

    PwC recently agreed to settle the Campbell v. PwC overtime class action lawsuit pending in California. I first wrote about the case on October 25, 2007. Here’s an excerpt from my wrap-up at Medium.com.


    The Saga Of Stephen Glass: A Guest Post Morality Tale From Eric Starkman»

    Is it fair to “tar and feather” professionals when they are sued or only when they are convicted of crimes? How much time must pass before they can get on with their lives?


    The Big 4 And Consulting

    The NYDFS Case Against Promontory and the Bigger Problem of Big Four Bank Consulting»

    Bank regulators should start hiring the consultants that are responding to bank regulatory sanctions, consent decrees and NPA/DPA legal orders directly, and also strictly monitor them. It’s time to change for regulators to change their approach before another waste of time, money and public trust occurs.


    “Tax Avoidance On An Industrial Scale” Says British MP About PwC’s Luxembourg Work For AIG And Others»

    British 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.


    Luxembourg Tax Leaks Put PwC On The Defensive»

    My latest column at Medium.com responds to PwC’s #LuxLeaks defenses: Illegal docs, legal advice. I also raise the obvious auditor independence issues which no one else is reporting.


    Writing for Others

    The SEC On Non-GAAP Metrics: A Collection of Writing at MarketWatch»

    Stay tuned as the non-GAAP use comment letters to the companies who didn’t take the hint on their own or who took some prodding in written from to come around, start making it to EDGAR. Should make for some interesting fall reading.


    @MarketWatch: IEX Becomes an Exchange»

    Word got out early that the SEC would approve IEX’s application to become a stock exchange on Friday the 17th. As usual, the leak traveled to the big media outlets earlier that week and then the rest of us waited for announcement from the SEC all day.


    Duped By Fake Documents? All In A Day’s Work For Some Journalists»

    I could not resist writing at Medium.com about the teen trader who recently duped a journalist from New York magazine into believing he had made $72 million trading gold and other alternative assets. It’s not like auditors don’t get fooled every day by fake documents.


    You Can Quote Me On That

    Peter Thiel Is A Trump Supporter, Convention Speaker But Why?»

    Peter Thiel gave a closing night speech, and endorsement of Donald Trump, at the Republican convention last week.


    @MarketWatch: Interactive Brokers Weathers Brexit Well»

    When I saw, as I was monitoring Twitter late Thursday night, that “Go” would prevail over “Remain” I came into work on Friday morning with a different idea for a story about Interactive Broker than I had originally planned.


    Appeals Court says SAIC must face CityTime fraud case»

    An Appeals Court said there’s enough to proceed on allegations SAIC recklessly disregarded its obligation to disclose potential liability for the CityTime fraud in its March 2011 10K.


    Food for Thought

    A Happy Story About Housing»

    My MarketWatch colleague Andrea Riquier took a field trip to Indiana earlier this year on a tip about a group that helps people struggling to get their act together and prepare for home ownership. It’s a nice thing to see, given all the ongoing struggles many still have with jobs, finances and the challenges of this economy, especially in the heartland.


    Remarks at New York University Forum on Non-GAAP Metrics»

    Here are my remarks from the panel discussion on non-GAAP metrics I participated in onNovember 7, 2016 at NYU Stern.


    Peter Thiel’s Pursuit Of Technological Progress; It’s Not About Democracy and It’s Definitely Not About Capitalism – Part 1»

    Peter Thiel is no philosopher or a new era public intellectual. Thiel is, instead, the embodiment of a technocratic elitist and libertarian individualist with one goal: growth in wealth. This is part 1 of a paper about Thiel I wrote recently for a class in the Masters of Liberal Arts degree program at the University of Chicago.