Bad news for the audit-bashers

Posted by Christie Malry on January 19, 2012 at 9:13 am

If you listen carefully today, you might be able to hear some wailing. That's Ian Fraser, Frannie and Ritchie crying because the naivety of their eagerness to blame the auditors for everything has been exposed.

AUDITORS KPMG and Ernst & Young have been cleared of any responsibility for the accounting black hole discovered at Olympus.

A report by Olympus' lawyers absolved the Japanese firms of blame, but claimed that current and former individual accountants - providing oversight within the business - were responsible for 8.3bn Yen (£70.4m) in damages, reported Reuters.

I called this one some time ago.

This would be a good time for the audit-bashers to admit they got this one wrong, and to be less hasty to blame auditors in the future.

JP Morgan's golden egg vs Maxwell's silver hammer

Posted by Christie Malry on January 13, 2012 at 10:00 am

Accountancy Age reports, in relation to the fine handed down to pwc for failing to report client money failings at its client JP Morgan:

The fine [of £1.4 million], issued by the Financial Reporting Council's disciplinary arm the Accounting and Actuarial Discipline Board (AADB), trumps the £1.2m fine issued to PwC predecessor firm Coopers and Lybrand for its audit work of Robert Maxwell's businesses.

It doesn't say whether the amounts are adjusted for inflation. I suspect they're not, meaning that the Maxwell figure is actually still higher.

But it bloody well should be. In his case you had what amounted to the wholesale looting of the company and considerable amounts of fraud. No, it's not the auditor's job to detect fraud, but they can't legitimately do nothing when the fraud is so flagrant and widespread.

So why penalise pwc so heavily over client money abuses, where it hasn't been shown that anyone lost money, while a not dissimilar sum was levied over Maxwell? Does the AADB just fancy a bit of extra money? Where do the fines go? Perhaps this heralds an era of higher fines, which must also mean higher fees. Investors, ultimately, will pay for it all.

The ICAEW takes an objective look at the value of the audit

Posted by Christie Malry on January 3, 2012 at 5:14 pm

The ICAEW has launched a new site which aims to inform people about the audit of financial statements. Having noticed that lots of people, not least journalists, politician and the general public, have very poor knowledge about how an audit works in practice, so the new site, called True & Fair, looks to put that straight by explaining all the important aspects of audit as clearly and concisely as possible.

The web site covers key questions like 'What is an audit?' and options for changing the current audit model. It also invites readers to submit their own questions.

The site looks pretty promising, and it'll be interesting to see how it develops over the coming months. It'll provide helpful background information as the audit profession draws up its defences against forthcoming European regulation and possible UK changes as a result of the Competition Commission review of the audit market.

(HT AnaGyorkos)

Journalists vs auditors

Posted by Christie Malry on January 3, 2012 at 4:01 pm

On Twitter, auditor Truenfairview gets cross with the BBC's reporting of the recent shooting in County Durham on this morning's Today programme (For seven days from the date of this post, you can listen to the reporting here).

Watching an auditor criticising journalism set me thinking about how journalists criticise auditing. Take, for example, our old friend Ian Fraser, proof positive that a little knowledge is a dangerous thing:

Why does this matter? Because if audit firms are as cozy with their clients as they have been over the past 15 to 20 years, they are a waste of space. As I said in the opener, they may also have become a danger to capitalism itself.

Most of his work consists of diatribes like this, 'supported' by a list of the engagements where audit firms failed to meet all the requirements of ethical or auditing standards. Despite never having been on an audit or worked for an accountancy firm, he argues that he is entitled to criticise the audit profession in this way, even though he does so in a biased and imbalanced fashion that fails to take account of the tens of thousands of audit engagements that meet the exacting standards in full.

Of course, journalists aren't immune from public criticism; the Leveson enquiry has been probing certain improper practices that were apparently rife in some tabloid newspapers.  But Leveson has been focusing on activities that are already largely illegal rather than merely in breach of professional standards. Indeed, journalists have no professional standards because, despite their protestations, they're not a profession. That doesn't mean that some journalists aren't professional. But it does mean that journalists are held to a much lower standard of conduct than professional auditors.

Fraser, in criticising the Big 4, fails to demonstrate any causal link between the actions of auditors and any ultimate harm caused to third parties. In fact, in some cases - such as in the recent case over pwc and client money regulations at JP Morgan - he doesn't even show that any harm was caused. It's the mere breach of regulations that they were required to follow that matters. Now, don't get me wrong, I'm not suggesting that auditors shouldn't be required to follow the standards expected of them. But I do believe that any criticism of the profession should consider the work done by auditors in the round, rather than selecting the worst examples of their performance and pretending that they are representative of the rest of their work.

Similarly, nothing will come of the BBC's sloppy reporting this morning. It's virtually impossible to link a particular report to any harm caused. Even without this, there are no external standards that they can be held to. Of course, the BBC ought to hold itself to a much higher standard because, unlike commercial news organisations, the ultimate sanction - withdrawing your patronage - doesn't apply to them, thanks to the licence fee.

However, I wouldn't support a wholesale professionalisation of journalism, because it could be used to exclude amateur writers, such as this blogger, from writing and reporting. But I do think it appropriate for journalists who work for major newspapers or who want to be taken seriously to hold themselves to the same high standards some of their number seem to think appropriate for the Big 4.

So which journalist(s) will be the first to take the lead?

How Do Emotions Affect Ethical Evaluations for Accountants?

Posted by Christie Malry on December 19, 2011 at 11:19 pm

Looks to be an interesting paper:

Abstract: There is a significant amount of research and models on ethical decision-making processes; however, there is limited research on how emotions affect ethical evaluations and decisions in an accounting context. Prior research suggests that emotions may shape ethical evaluations and choices made by individuals. This study contributes to the accounting literature by exploring the emotions an accountant may feel when evaluating earning manipulations. This study finds that accountants feel regret when evaluating earnings manipulations.

Keywords: Accounting ethics, ethical decision making, emotions.

Download it here.

The implications for internal control of splitting up the Big 4

Posted by Christie Malry on December 1, 2011 at 8:26 pm

It is a truth universally acknowledged, that corporate blogs are boring, tedious affairs that are best given a wide berth. So it's with some considerable pleasure that I can reveal the exception that proves the rule - Oliver Tant's blog over at the otherwise tiresome KPMG UK blogs.

Today's post is a corker, in which Tant uses the issue of the auditor's responsibility to report weaknesses in internal control to those charged with governance (ISA (UK and Ireland) 265) to highlight possibly unforeseen consequences of forcing the Big 4 to separate their audit practices from their non-audit practices. He argues, convincingly, that such a move will force up costs and may cause internal control problems to be overlooked, if the firm that's responsible for advising on fixing them is different to the firm that first identified them (ie the auditor).

Unfortunately, as ingenious and intelligent as this argument is, I doubt whether it will make much of an impression on Michel Barnier and his team in the Internal Market and Services Directorate General. Specifically:

  • Barnier will argue that the increased costs identified are a 'price worth paying' to ensure better audit independence. 
  • Barnier will argue that the fixing of internal controls, as opposed to the identification of deficiencies in internal controls as a by-product to doing an audit, are indeed a peripheral, non-audit service. And he will be able to claim that allowing other businesses to muscle in on work that previously was dominated by the company's auditors will encourage new firms to innovate and produce even better value-added services for companies. They might even be able to do much more than auditors can over internal controls, other than internal controls over financial reporting. Who can prove him wrong?

There's also a general point, which cuts across almost all of the arguments made by the big firms. They have largely sought to rebut Barnier's leaked proposals by beseeching him to think of the impact on audit quality. But Barnier demands substantial change, in order to address what he perceives as profound structural problems in the audit market. Rather than try and identify specific fixes that might generate marginal improvements, Barnier has decided to rip up the entire audit market and start again. Plaintive appeals to "protect audit quality" are meaningless when Barnier has clearly already bought into the simplistic notion that this market has no quality.

Another line of attack, beyond audit quality, is needed. And fast.

A meta-review of the EC audit reform proposals

Posted by Christie Malry on November 30, 2011 at 10:02 pm

Because I'm much too lazy to review the EC audit reform proposals myself, other than to express shock and surprise that Barnier could even conceive of a six-year maximum audit tenure, here are some thoughts from other people.

ICAEW doesn't agree with all of what the EC proposes. But it does find some areas of common ground, which it highlights. ICAS finds even more grounds for disagreement, in particular the burdens it will place on business. ACCA use their release to give an outing for their new-technical-director-on-the-block, Sue Almond. She, like ICAEW, is careful not to bash Barnier too heavily, and looks to find some points of agreement, such as the emphasis on the importance of audit committees, while fretting about the potential costs of mandatory rotation. Chartered Accountants Ireland have the smoothest response; while welcoming the proposals, they reserve the right to put the boot in once they've examined them in more detail and consulted with stakeholders 1.

The firms have also been active. KPMG argue in terms of audit quality to put up a stern defence of multi-disciplinary firms, which would be prohibited by the proposals. pwc is even harsher; while also arguing for greater audit quality, they complain that the EC has missed an opportunity to really learn the lessons of the crisis. Deloitte avoids the audit quality argument altogether, instead preferring to highlight how the EC's proposals won't deliver its stated objectives 2.

There are comments in some of the newspapers too: The Guardian says that Barnier is "taking on" the Big 4. The Telegraph echoes this, saying that he wants to break them up. It also notes that the proposals will seriously weaken the powers of national regulators, which presumably includes institutes as well as the FRC.

Accountancy Age snorts at the "watered down" proposals, which have dropped the notion of mandatory joint audits that was included in the earlier leaked drafts.

Notes:

  1. At the time of writing this, I couldn't see published comments from CIMA or CIPFA
  2. At the time of writing this, I couldn't see published comments from E&Y

A week is a long time in politics

Posted by Christie Malry on November 18, 2011 at 11:49 am

Accountancy Age reports that, rather than issue its audit proposals next week as had been widely expected, the European Commission will now take a further week. Who knows, they may even decide to delay it further.

This is a mistake. The draft proposals were leaked months ago and that led to a rather childish and unhealthy debate in which everyone had seen the proposals but no-one would publicly admit that they had. Rather than treat the targets of their proposed regulations with respect, the EC seems determined to spring sweeping regulations on the market. And, if European process repeats itself, they will allow a pitifully inadequate period to respond to them, a period that also includes a two week Christmas holiday.

This is no way for a responsible regulator to behave. Barnier should meet his original deadline, even if he feels the papers are half baked. He should allow a proper period for discussion: say, six months. And he needs to listen to the evidence and feedback, and accommodate it. The listed company investment market is too valuable to the European economy to be treated in this lacksadaisical manner.

With markets showing falling confidence, Barnier must show how he intends to help restore it - and fast. A week could be a luxury he, and we, can't afford.

The lazy anti-auditor rhetoric must stop

Posted by Christie Malry on November 8, 2011 at 9:19 am

There is a small band of lazy journalists and bloggers who have stumbled across a winning formula (for them, at least): to catalogue every single instance of lax or sub-standard work performed by the Big 4 audit firms and then to sew it into a grand conspiracy about how these firms are systematically attempting to undermine the lives of ordinary people while enriching themselves. You know who these people are.

I have long argued that this style of journalism is lazy and unacceptable, because it fails to take account of the work they perform to a satisfactory level or higher. Such work is almost always performed in private; generally speaking, the only time we ever get to see what auditors have done is when they screw it up.

So there's some bad news for the sloppy crew today:

OLYMPUS changed its auditor because of an argument about accounting for its purchased businesses, rather than it reaching the end of its contractual obligation, according to reports.

The camera-maker, which has seen its share price slump after its new chief executive revealed concerns over advisory payments related to acquisitions, replaced auditor KPMG with Ernst & Young in 2009.

The auditor swap took place because of a re-tendering process following the end of KPMG's contract, Olympus had stated. However, Tsuyoshi Kikukawa, the Olympus chief at the time, allegedly told management there was a disagreement with KPMG over its accounting for goodwill and its acquisition of UK business Gyrus, reported Reuters.

This simply does not fit their narrative. In standing up to Olympus, even apparently at the cost of the ongoing engagement, KPMG's behaviour confounds the Big 4's critics. Their simplistic, naive reporting, from which they make their (in some cases substantial) livelihoods, trivialises a complex situation and gravely insults the many thousands of honest hard-working Big 4 staffers around the globe. In order to provide a credible analysis of the Big 4, it's necessary to account for their quality work as well as their inadequate work. It's time for Frannie, Ritchie, Ian and Prem to grow up, and the Olympus story provides them with a good opportunity to do it.

Carter, the unstoppable stupid machine

Posted by Christie Malry on November 7, 2011 at 11:59 pm

Intrepid Accountancy Age reporter Rose Orlik had a busy day tweeting from the Meet the Experts conference. Here's an example:

Aarrgh! Please excuse me while I chew off my own arm in an attempt to distract myself. On the basis that "BIS's Carter" is Richard Carter, their Director of Corporate Law and Governance, I'm finding it hard to explain how someone of his experience and standing could get something so horrendously wrong.

Just open up the book of ISAs and it's there as plain as your face. ISA 200 sets out the overall objectives of an auditor seeking to perform an audit in accordance with ISAs. Paragraph 11 states:

In conducting an audit of financial statements, the overall objectives of the auditor are: 
(a) To obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, thereby enabling the auditor to express an opinion on whether the financial statements are prepared, in all material respects, in accordance with an applicable financial reporting framework; and 
(b) To report on the financial statements, and communicate as required by the ISAs (UK and Ireland), in accordance with the auditor’s findings.   

You really couldn't get more principles-based than that! The other auditing standards then set out further guidance on what these two objectives mean in practice. But, while the other standards matter - and must be followed - an ISA audit must deliver these two objectives or it ought to be deemed to be inadequate.

Within the detailed standards themselves, there is further evidence of the intention of the standard drafters. They quite clearly intended these standards to be principles-based. Paragraph 21 of ISA 200 states that it's the objectives of each ISA that must be achieved by following each ISA's 'requirements'.  The requirements are the short instructions at the front of each ISA. The long, explanatory information at the end is there to help with following the requirements. What's not principles-based about that?

But what really gets my wick is that Carter is a civil servant at BIS. BIS is the body that has ultimate responsibility for audit regulation in the UK, a role it fulfils via the Financial Reporting Council.  So he really ought to know why auditors are, to use his term, auditing in a rules-based way. It's because of the system of regulation that has been laid down by the FRC through its oversight and inspection regime. A rules-based regulator necessarily instils rules based regulatees. So if Carter genuinely wants auditors to audit in a more principles-based way, his first port of call should be to wander down to Aldwych to bang some heads together at the FRC. They should be required to explain how their regulation is conducive to high quality, principles-based auditing in the UK.