Archive for the ‘Regulators, Laws, Standards, Regulations’ Category

On Herbalife And The Slow Death Of Value Investing

By • Aug 3rd, 2013

Big egos making shares move by waving their wands. That makes picking stocks based on fundamental analysis more than slightly anachronistic. A bit about Herbalife…

In Pari Delicto: Can A Law Make It Go Away?

By • Jul 27th, 2013

Pete Brush at did a story last week about a story about in pari delicto, the adverse interest exception, and holding third-parties like auditors liable for fraud in bankruptcy cases. I was quoted.

Early Returns: Scott London, KPMG and Another Partner Trading On Inside Information

By • Apr 15th, 2013

This is the fourth big insider trading case in the least few years against a senior tenured partner that betrayed the public’s trust. In none of the cases did the firm’s “extensive” and “comprehensive” independence compliance programs spot the behavior or the illegal actions. Stay tuned. There will be much more to this story, I guarantee.

E&Y, Their Audit Client Wal-Mart, and Value Pricing

By • Mar 23rd, 2013

This post about Ernst & Young’s aggressive tax advice to audit client Wal-Mart was originally posted October 29, 2007. It’s worth everyone – I’m talking to you SEC and PCAOB – taking another look at this given Wal-Mart’s new Mexican bribery problems and the SEC investigation of Ernst & Young for tax lobbying to audit clients. (Ernst & Young has been silent and left out of most media discussion about Wal-Mart’s FCPA problems in Mexico and elsewhere.)

Tax Pays: HP Pays Ernst & Young Two Million To Testify

By • Feb 18th, 2013

The issue of tax avoidance by corporations is a hot one. In the US and in the UK, legislators and pundits seeking “tax justice” have changed the discussion from one of tax breaks that stimulate “jobs and growth” to one of tax fairness to provide much needed funds for public works and public commitments in times of economic hardship. The Big Four audit firms play all sides like a fiddle.

Foreclosure Settlement Shuts Down Reviews: Banks Will Continue Business As Usual

By • Jan 13th, 2013

It’s easy to forget, with all the propaganda being published by major media, why these Fed/OCC consent decrees were issued in the first place. The fact that a borrower may be in default does not negate the overwhelming evidence that court cases have provided that banks proceeded fraudulently and illegally in some foreclosures and looted those borrowers and institutional investors in mortgage securities by charging fraudulent and illegal fees in the process.

PwC and Thomson Reuters: Too Close For Comfort

By • Dec 26th, 2012

Here’s the thing…The perception of auditor independence is as important, or maybe even more important, than the fact of auditor independence. This is not new.

McKenna Panelist At NYU On Auditor Independence And Consulting

By • Nov 28th, 2012

I was at New York University’s Vincent C. Ross Institute of Accounting Research to speak on a panel that included Paul Volcker, Bob Herz and a lawyer representing PwC and EY. The Ross Roundtable on the “Impact of Reemergence of Consulting Practices at Major Audit Firms” was well attended.

Forbes Magazine: Lying With Numbers

By • Nov 13th, 2012

The SEC is busy chasing Ponzi schemers and foreign bribers. But bogus accounting remains a bigger danger to the markets. (More links.)

At American Banker: Auditors Give Banks a Pass on Reserves

By • Sep 9th, 2012

My column at American Banker last week focused on the latest PCAOB inspection report for KPMG. We’ve got three more “Big Four” inspections reports to come – Ernst & Young, Deloitte and PwC. Don’t be surprised if you see the same focus on loan loss and repurchase reserves and the same kinds of auditor deficiencies.