Demolishing McKenna's ten points about auditors
Posted by Christie Malry on September 17, 2010 at 10:40 am
Via the wonderful Ruth Bender (@Ruth999), I'm directed to a post from Francine McKenna - think an American Richard Murphy in a dress - who is wibbling about auditing again.
10. The Big 4 audit firms don’t bother looking for fraud.
Absolute, complete nonsense. Auditors' responsibilities in respect of fraud are prescribed in auditing standards. There's an entire auditing standard - ISA 240 - dedicated to explaining what auditors must do in respect of assessing the risk of fraud in the financial statements. The big firms now follow a global methodology that is consistent with ISAs.
ISA 240 makes it clear that the primary responsibility for preventing and detecting fraud lies with the management of the company and with those charged with governance. Not the auditors. However, they do have some responsibility, as set out in the standard.
There's a neat article by Martyn Jones that explains more here.
9. The Big 4 firms aren’t comfortable being watchdogs. They don’t even like being CALLED watchdogs
Francine is woefully confused here. The 'watchdog vs bloodhound' distinction comes from a judgement by Lord Justice Lopes in Re: Kingston Cotton Mills Co. (1896) in which he was arguing that auditors are not responsible for detecting fraud. Auditing standards in recent years have extended their role considerably, beyond the plodding watchdog. So it's small wonder they don't like being called watchdogs; the term simply isn't relevant any more, unless you like living in the 1890s.
8. Big 4 firms should NEVER be asked to conduct internal investigations into alleged illegal activities for their audit clients.
Rubbish; it makes sense to permit those charged with governance complete freedom to decide for themselves who is the best appointee. The alternative means hiring a complete unknown who will need time to get up to speed with things, in a situation where time is usually of the essence.
7. You know what Global Network means. It means shifting blame.
The firms' structures are largely a result of national regulation. Until fairly recently, many regulators required all local audits to be undertaken by local audit firms, owned by local partners. This meant that they had to be separate partnerships, bound together by good intentions only. Now, McKenna's charge is blown apart by events, as we see regional and global partnerships being set up by the big firms.
6. The Big 4 will never again be indicted for an audit failure.
McKenna makes two basic arguments - the firms are too big to fail because (1) there already isn't enough competition and (2) the government can't afford to lose 100,000 jobs. The second point is idiotic - the employees at Arthur Andersen aren't still unemployed; most of them found work immediately at the other accounting firms. Similarly, if a Big 4 firm were to fail, those audits would still need to be done, and would probably get done by many of the same staff who currently service them.
I tend to view the fact that the audit firms aren't being indicted as evidence that they haven't done anything indictable, rather than being part of some grand conspiracy.
6.a “Final Four” means no competition and no straight answers. Ask a Big 4 audit partner for a Yes/No answer on valuation, for example, and you won’t get one.
Well, jeez, Francine. Maybe that's because valuations are just a teensy bit complicated and don't lend themselves to childish 'yes/no' answers?
5. The auditors have a lock on the business (read, “ratings agencies”).
There are loads of auditors to choose from. Unfortunately most of them are too small, too inexperienced or lack the global reach that big companies need. And those charged with governance are always going to pick a big firm with a reputable name over some lesser firm, because they need to demonstrate that they appointed a sensible firm of auditors instead of some pushover.
4. Why do the auditors support IFRS and mark-to-market accounting? International Financial Reporting Standards (IFRS) are supposedly on the way for the US, the last big holdout. Forget rules-based guidance, where it’s easier to say an accounting treatment is right or wrong. Principles-based guidance leaves wriggle room and a pretty sure shot at sneaking liability caps for the auditors in through the back door.
I'm with Ruth on this one. Francine's point doesn't stand up to scrutiny, when you consider that US GAAP is one of the most detailed bodies of accounting literature imaginable, yet still suffered the most horrendous problems in variable application. Rules-based guidance isn't easier to apply; it merely translates a single judgement into a thousand judgements over whether the detailed rules have been followed properly. She really couldn't be more wrong on this point.
3. Campaign candy from K Street.
In other words 'policy makers didn't enact the policies I wanted them to, so I'm going to throw my toys out of the pram'
2. Big 4 firms have systematically avoided liability for audit failures.
This is patently a lie. Big 4 firms have been sued successfully for large sums all over the world where their audits have been found wanting.
I guess she means they haven't been sued enough for her liking, but that's merely in her opinion, which hasn't exactly proved to be accurate in preparing the article.
1. AND THE #1 THING TO KNOW ABOUT ACCOUNTING FIRMS…
Lawyers are perceived as part of the problem
Well, lawyers are part of the problem. The best bit about America is that lawyers are widely recognised to be part of the problem too. But McKenna's article was written for a roomful of lawyers so it's no surprise she was sucking up to them.
If McKenna really wants auditors to do the right thing, she has a funny way of going about it. Threatening them with bigger fines and more swingeing penalties won't encourage better auditing, but more risk averse behaviour. It will also suppress economic activity, to the detriment of investors and people generally. That's a heavy price for everyone to pay just so the anti-audit brigade can have their day in the limelight. Don't buy it.



