PUBLICATIOns & Blog
Auditor Liability and Litigation: The Management Representation Letter
An auditor’s responsibility is to provide reasonable assurance that a reporting entity’s financial statements are free of material misstatements, whether due to error or fraud. An auditor (or audit firm) that fails to detect a material misstatement in a client’s financial statements will oftentimes find him or her self in the position of having to defend against accountant’s liability for negligence, or worse. Claiming reliance upon fraudulent or misleading information provided by the management of a company in a management representation letter is not a viable defense against auditor liability, even when that assertion (i.e., having been deceived by the client) is actually true.
comments on the effectiveness of the private company council
Recently, the Trustees of the Financial Accounting Foundation requested comments on the size, composition, and effectiveness of the Private Company Council. We were pleased to provide our perspectives on this important advisory body
Vie’s relief and the halloween surprise
Long-Awaited Voluntary Private Company VIE Relief is Here - Implications of the Accounting Election. This white paper, written by Partner Ralph Nach, CPA, provides a thorough explanation of the burdens of accounting for variable interest entities (VIEs) and the elective relief provided to nonpublic companies by the Financial Accounting Standards Board (FASB).
Navigating Tax Risks In Shareholder Executive Compensation
IRS disputes with business owners over shareholder executive compensation is the topic of a recent article titled "Navigating Tax Risks In Shareholder Executive Compensation," written by partner Natasha Perssico Escobedo, MBA, CPA, AM-ASA, and published on Law360.com.
Corporate Governance Failures as the Handmaiden of Financial Fraud
Financial reporting frauds (also called management frauds) have become endemic, with huge losses being inflicted upon shareholders, creditors and others. Some of the most infamous frauds of the past two decades – Enron, WorldCom, Satyam, Olympus, Toshiba, and Parmalat being a small sample – have implicated the same key concerns.
Valeant Accounting Concerns Focus on Revenue Recognition
The latest news about Valeant Pharmaceuticals International Inc., suggesting the need for restatements of recent periods’ financial statements, albeit with limited details reported thus far, again focuses attention on the common matter of the possible abuse of revenue recognition accounting principles.
Board Audit Committee Appointments: 2016 Recruitment Tips
It has become commonplace to decry the dearth of talented individuals willing to serve on corporate board audit committees and to speculate on the need to make such appointments more attractive to the right mix of financially literate individuals.
Criticism of Pfizer Tax Accounting Unwarranted
There has been a great deal of public debate regarding the U.S. corporate tax rate and the impact it has on tax compliance, so-called tax inversions, and economic policy, and inevitably some of this has had strong political coloration.
Toshiba Accounting Scandal Shows Tone From the Top Remains a Fraud Risk Factor
Once more a massive accounting fraud is galvanizing critics of corporate governance, both here and abroad, this time engagingly illuminated by the elaborately choreographed resignation of three top Toshiba Corporation executives following disclosure of a $1.2 billion profit overstatement reportedly occurring over a seven year period.
Annual Report Information Overload: Five Reasons 10-Ks Continue to Expand
In a recent Wall Street Journal article (“The 109,894-Word Annual Report,” June 2, 2015), the fact that corporate annual reports on Form 10-K have expanded by some 40% over just the four-year interval 2010-2013, to an average count of 42,000 words, was bemoaned, with General Electric’s headlined filing cited as perhaps a record-setting example. T
Dewey & LeBoeuf: Revenue Fraud and Law Firms
Revenue frauds have long been among the most popular forms of financial reporting manipulations. The SEC, for example, has traditionally identified revenue recognition infractions as being either the top or the second most common variety of the management and accounting frauds it has had to pursue.
Do Accountants Face Risk as Fiduciaries?
Courts are increasingly treating accountants as fiduciaries, creating significant risk that they -- and their insurers -- may not realize they face.