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Independence

10/11/2010

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Independence

“Public faith in the reliability of a corporation’s financial statements depends upon the public perception of the outside auditor as an independent professional. If investors were to view the auditor as an advocate for the corporate client, the value of the audit itself might well be lost.” (Warren Burger, U.S. Supreme Court Justice)

Examples of Independence Violations:

“EY Settles SEC Case in $2.8 Million Pact,” Judith Burns, Wall Street Journal (August 7, 2008): C5. Ernst & Young was sanctioned by the SEC for paying Mark Thompson to produce promotional materials while Thompson served as a director of three EY audit clients.

“EY Gets SEC Penalty for Ties to Client,” Jonathan Weil, Wall Street Journal (April 19, 2004): A3+A8. Ernst & Young was banned from accepting new publicly-traded audit clients for six months after entering into a joint venture with audit client PeopleSoft.

“Did Ties That Bind Also Blind KPMG?” Cassell Bryan-Low, Wall Street Journal (June 18, 2003): C1+C5. KPMG paid referral fees to audit client First Union for directing wealthy customers to KPMG’s tax shelters. KPMG was disciplined previously for lending money to an audit client and for investing in a client-operated mutual fund.

“This Scandal Changes Everything,” Pamela Moore, Business Week (February 28, 2000). After investigators discovered more than 8,000 independence violations by PricewaterhouseCoopers employees, SEC Chairman Art Levitt proposed major revisions to the agency’s auditor independence requirements.

Proposals to Enhance Auditor Independence:
“PCAOB Hears Pros and Cons of Audit Firm Rotation,” Michael Cohn, AccountingToday.com (March 22, 2012). This article discusses and potential advantages and disadvantages of mandatory audit firm rotation.

“Of Fiddlers and Tunes,” Robert Sack & Mark Haskins, The CPA Journal (June 2003): 10-11.
This article recommends that the stock exchanges hire and compensate the auditors who audit their listees’ financial statements.


“A Market Remedy for Our Nasty Accounting Virus,” Susan Lee, Wall Street Journal (July 10, 2002). This article describes a proposal to have corporations purchase “financial statement insurance” and have the insurance companies hire the auditors.

Cases:
“If You Need Love, Get a Puppy: A Case Study on Professional Skepticism and Auditor Independence,” Robert Braun & H. Lynn Stallworth, Issues in Accounting Education (May 2009): 237-252. A staff auditor discovers that his best friend’s wife is embezzling from an audit client.

“Auditor Independence: A Focus on the SEC Independence Rules,” Audrey Gramling & Vassilios Karapanos, Issues in Accounting Education (May 2008): 247-260. Five short cases require students to assess whether the auditor complied with SEC independence rules.

“Educational Interventions for Teaching the New Auditor Independence Rules,” Helen Roybark, Journal of Accounting Education (2008): 1-29. A series of research-writing assignments, cases, videos, and game activities to teach auditor independence rules.

“Thinking Outside of the Box (of wine, that is): An Exercise in Independence,” Robert Richardson, Issues in Accounting Education (August 2004): 363-367. Uses the example of a wine critic to illustrate the importance of auditor independence.

Research:
“Policy and Research Implications of Evolving Independence Rules for Public Company Auditors,” Audrey Gramling, J. Gregory Jenkins & Mark Taylor, Accounting Horizons (December 2010): 547-566.
This article summarizes research studies related to the effects of auditor-client employment relationships, audit fees, auditor rotation, nonaudit services, and audit committees on auditor independence.




 
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PCAOB

10/11/2010

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Public Company Accounting Oversight Board

“PCAOB Sees Decline in Audit Quality,” Michael Cohn, AccountingToday.com (October 5, 2011). The number of audit deficiencies found by PCAOB inspectors did not decline in 2010. Problem areas include valuation of financial instruments, Chinese companies executing reverse mergers with U.S. shell companies, clients jumping from auditor to auditor, changes in accounting standards, and inadequate disclosures in audit reports.

“New PCAOB Chairman Pushes for Audit Overhaul,” Michael Cohn, AccountingToday.com (May 5, 2011). Chairman James Doty discusses items on the PCAOB's agenda such as revising the auditor's report, making disciplinary proceedings public, closing the expectation gap, addressing industry concentration, and inspecting public accounting firms' foreign affiliates.

PCAOB Organization:

“The PCAOB 101,” Tom Olach, Internal Auditor (June 2008): 50-54. This article provides a concise overview of the PCAOB’s activities including registration of accounting firms, standard setting, inspections, and enforcement.

“Supreme Court Rules Against PCAOB,” Michael Cohn, WebCPA.com (June 28, 2010). Although the US Supreme Court ruled that limitations on the SEC’s ability to remove PCAOB members violate the constitution, the board continues to function. In the future, the SEC will be able to dismiss PCAOB members at will.

PCAOB Inspection Reports:
“PCAOB Inspections and Large Accounting Firms,” Bryan Church & Lori Shefchik, Accounting Horizons (March 2012): 43-63. This article summarizes the audit deficiencies reported by PCAOB inspectors during years 2004-2009.

“PCAOB Spotlights Auditing Problems from Economic Crisis,” WebCPA.com (September 29, 2010).
A PCAOB report describes audit deficiencies related to mark-to-market accounting, goodwill impairment, off-balance sheet financing, and loan loss reserves.


“PCAOB: The 11 Things Auditors Need to Fix,” Sarah Johnson, CFO.com (October 23, 2007). The PCAOB reports the most common deficiencies discovered during 439 inspections of smaller CPA firms.

PCAOB Sanctions:

“Ernst & Young to Pay $2 Million to Settle Audit Failure Charges,” Michael Cohn, AccountingToday.com (February 8, 2012). The PCAOB fined EY $2 million and sanctioned four partners for deficient audits of Medicis Pharmaceutical Corp.

“PCAOB Sanctions Three Auditors,” Allen Rappeport, CFO.com (December 17, 2007).
Two BDO Seidman auditors were sanctioned for omitting work and backdating documents. One KGO auditor was sanctioned for performing a deficient audit and because his mother owned stock in the client.


“Deloitte Receives $1 Million Fine,” Judith Burns, Wall Street Journal (December 11, 2007): C8. The PCAOB censured and fined Deloitte & Touche for a deficient audit of Ligand Pharmaceuticals.

 
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Sarbanes-Oxley

10/11/2010

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Sarbanes-Oxley

10/11/2010

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Sarbanes-Oxley
The Sarbanes-Oxley Act of 2002 is ancient history to today’s accounting students. To help students understand the wide-spread anger at accountants that led to Sarbanes-Oxley, I show selected portions of the Frontline episode, “Bigger Than Enron.” The Chakarun article (National Public Accountant, October 2002) provides an excellent summary of the major provisions of S-Ox. The Factor article and the Healey article are fun to discuss together; one praises S-Ox while the other condemns it. The Chambers et al. article (CPA Journal, September 2010) provides an easy-to-read summary of research into the effects of S-Ox on financial reporting.

Articles:

“The Sarbanes-Oxley Act of 2002,” Michael Chakarun, National Public Accountant (October 2002): 6-9. This article provides an excellent summary of the major provisions of S-Ox 2002.

“Two Cheers for Nancy Pelosi,” Mallory Factor, Wall Street Journal (March 18, 2006). The chairman of the Free Enterprise Fund complains that S-Ox has placed an onerous burden on American public companies.

“Sarbox Was the Right Medicine,” Thomas J. Healey, Wall Street Journal (August 9, 2007). A retired Goldman Sachs partner argues that S-Ox restored market confidence as evidenced by the 67% increase in the S&P 500 from June 30, 2002 through June 30, 2007.

Video:
"Bigger Than Enron,"
Frontline (Public Broadcasting Service, 2002).
Available for about $25 from http://teacher.shop.pbs.org. Or view through the Web at http://video.google.com/videoplay?docid=7307488749505887449#


Research:
“Did Sarbanes-Oxley Lead to Better Financial Reporting: A Survey of Recent Research,” Dennis Chambers, Dana Hermanson & Jeff Payne, CPA Journal (September, 2010): 24-27. This article summarizes five academic research studies that each found evidence suggesting financial reports have become more accurate or reliable since passage of S-Ox.

 

 
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