23 July 2012

Study Finds About 20% of US Public Companies Cheat On Earnings Reports


"And yet our distress comes from no failure of substance. We are stricken by no plague of locusts. Compared with the perils which our forefathers conquered, because they believed and were not afraid, we have still much to be thankful for. Nature still offers her bounty and human efforts have multiplied it. Plenty is at our doorstep, but a generous use of it languishes in the very sight of the supply.

Primarily, this is because the rulers of the exchange of mankind's goods have failed, through their own stubbornness and their own incompetence...

Faced by failure of credit, they have proposed only the lending of more money. Stripped of the lure of profit by which to induce our people to follow their false leadership, they have resorted to exhortations, pleading tearfully for restored confidence. They only know the rules of a generation of self-seekers. They have no vision, and when there is no vision the people perish...

Recognition of that falsity of material wealth as the standard of success goes hand in hand with the abandonment of the false belief that public office and high political position are to be valued only by the standards of pride of place and personal profit; and there must be an end to a conduct in banking and in business which too often has given to a sacred trust the likeness of callous and selfish wrongdoing. Small wonder that confidence languishes, for it thrives only on honesty, on honor, on the sacredness of obligations, on faithful protection, and on unselfish performance; without them it cannot live...."

Franklin D. Roosevelt, First Inaugural Address, 4 March 1933

Bear in mind that the data from this university study is the result of a survey of 169 CFO's and not a forensic examination of the books.

I am a little surprised that the fraud number came in that high in a survey. I do not know many CFOs that would readily self-identify their work as fraudulent in nature. So therefore I also think that in actuality the number is rather low, given what I have seen for myself and the vagaries of human nature. When cheating becomes accepted and profitable almost everyone does it.

It should not surprise that so many of the CFO's chafe under the rules from FASB, which is the accounting industry self-regulator. They complain of too many restrictive rules, and yet they also admit fraud is pervasive. And it is their own organization that sets the standards.

Since 1973, the Financial Accounting Standards Board (FASB) has been the designated organization in the private sector for establishing standards of financial accounting that govern the preparation of financial reports by nongovernmental entities.
I cannot speak for the current period, but during the build up to the tech bubble the manipulation of earnings was almost par for the course, as certain industry leaders set standards of consistent returns that were obviously based on questionable accounting practices.

From what I have seen, the same is true for the financial sector which had its own bubble and collapse. As a rule of thumb, any genuine bubble conceals a cesspit of fraud and criminal activity amongst insiders.

Here are the red flags that the study derived:
The three most common flags are persistent deviations between earnings and the underlying cash flows, deviations from industry and other peer experience, and large and unexplained accruals and changes in accruals.

There are also a number of red flags that relate to the role of the manager’s character and the firm’s culture, which allow and perhaps even encourage earnings management.
That last sentence is a polite way of saying that some companies become almost indistinguishable from criminal enterprises in their values and methods.

Probably the most easily identifiable red flag is an improbable consistency, the 'beat by a penny' quarter after quarter syndrome. If something looks too good to be 'real' then it is probably based on a fraud, in either the accounting or the market activity, and often both. It may not be illegal, but it certainly may be a material misrepresentation of the health of the business that will bite down the road.

From my own experience and stated as a non-professional accountant the key areas I would look for are in writedowns of inventory that can then be used to supplement profits later, holding back the realization of revenues in an arbitrary manner, shifting of tax and depreciation numbers, transfer pricing from foreign subsidiaries, and the manner in which one accounts for acquisitions.

The key point is that in the US for the past twenty years the numbers are often phony and the game is rigged, because greed in the financial and managerial elite has overcome any fear of prosecution. When the rewards are great and the risks incidental, dishonesty thrives.

The consequence is that the financial sector has become a largely extractive, outsized activity that thrives on the fraudulent manipulation of risk and value, distorting the real economy, and transferring wealth from the productive to the clever and unscrupulous.

This may serve during a period of endless financial expansion, but when the hard times come the frauds collapse quickly.

Regulators and politicians turn a blind eye to this, when the good times are rolling. And when the hard times come, even more wealth is extracted from the public to cover their bets and maintain their grand illusion. And then comes the deluge.

Earnings Quality: Evidence from the Field
By Dichev (Emory), Graham (Duke), Harvey (Duke), and Rajgopal (Emory)

Abstract

We provide new insights into earnings quality from a survey of 169 CFOs of public companies and indepth interviews of 12 CFOs and two standard setters. Our key findings include:
(i) high-quality earnings are sustainable and are backed by actual cash flows; they also reflect consistent reporting choices over time and avoid long-term estimates;

(ii) about 50% of earnings quality is driven by innate factors;

(iii) about 20% of firms manage earnings to misrepresent economic performance, and for such firms 10% of EPS is typically managed;

(iv) CFOs believe that earnings manipulation is hard to unravel from the
outside but suggest a number of red flags to identify managed earnings; and

(v) CFOs disagree with the direction the FASB is headed on a number of issues including the sheer number of promulgated rules, the top-down approach to rule making, the curtailed reporting discretion, the de-emphasis of the matching principle, and the over-emphasis on fair value accounting.

The complete paper can be downloaded here.

Thanks to Matt Taibbi for letting me know of this paper.

22 July 2012

Weekend Viewing: Chris Hedges with Reminiscences of a War Correspondent



Here is a slightly different look at Chris Hedges, as he discusses literature, journalism, and his memories as a war correspondent.

It has some remarkably good, sometimes poignant, moments and is well worth watching.

He has some hard words for Wall Street and the elite academic institutions that serve them en passant starting around minute 38.

I have also added a second appearance by Chris on the Bill Moyers show in which he discusses his more recent visits to American 'sacrifice zones.'

Thanks to a reader from Delray Beach for letting me know of it. Le Café is blessed with the abundant contributions of many readers, members of the invisible community of those who care for the things of the mind and the spirit, from all around the world.

They are a joy and a consolation for us all.

And I have included a third video in which Chris and members of Occupy debate the imperative of non-violence, agents provocateurs, and the 'Black Bloc' movement.








HSBC Scandal: Rampant Drug Money Laundering, Deals With Iran, Record Billion Dollar Fine Rumored


"And remember, where you have a concentration of power in a few hands, all too frequently men with the mentality of gangsters get control. History has proven that."

John Dalberg Lord Acton

This HSBC scandal is being overshadowed by LIBOR a bit in the States at least, and the usual diversions of the day to day, but it seems about to explode into the headlines of the insular major media.

There is chatter in banking circles that HSBC is about to be handed a record fine of one billion dollars, or more. At least this is what I hear. Obama will point to it as a 'get tough' approach to the rampant fraud and bad behaviour that is still plaguing the US recovery and financial system.

The US has been looking to make an example that whilst some banking excesses might be tolerated, there are areas of dirty financial dealing that go a step too far and will be dealt with.   Especially if the perpetrator is not in the official stable of monetary mavens.  The august Senators are still chafing at having to kowtow publicly to some of the pampered princes of Wall Street, whose deep pockets fill their campaign coffers.

Stephen Green, made Baron of Hurstpierpoint in November 2010, and the former head man at HSBC, a conservative politician and current Cabinet Minister for Trade and Investment, will almost certainly plead the CEO defense for the crimes that were committed during his tenure over the Bank. His profile is rather high now because of his role in the London Olympics.

When government officials and candidates refuse to answer questions or disclose information they often have something to hide, especially if it involves some of the dodgier financial havens of the world where cash is king and the law is just a piece of paper.

The deals with Iran rankle, but the drug money laundering through HSBC in Mexico and Brazil was utterly over the top.  I expect some of their money dealings in the Cayman Islands might prove interesting if they ever come to light, given the people and firms that are involved.  But that is not very likely for that very reason.

Let's see what happens.

The Independent
HSBC emails add to pressure on minister
Jane Merrick, Matt Chorley
Sunday 22 July, 2012

Lord Green must come clean on money laundering

Pressure on Lord Green, the trade and investment minister, to explain his role in the HSBC money-laundering scandal escalated last night, after documents showed he attended a meeting with senior bank staff at which "Iranian payments" were discussed.

Lord Green of Hurstpierpoint, who was chief executive and later chairman of Britain's biggest bank during the period of large-scale money-laundering at HSBC, has resisted calls by Labour to appear in the House of Lords to reveal how much he knew about the activities.

Labour's leader in the Lords, Baroness Royall, and the shadow City minister, Chris Leslie, stepped up calls for the minister to explain his role, as it emerged that Lord Green will be at the forefront of the Government's business campaign during the Olympics, hosting events that include a networking lunch on China Business Day on 27 July and a summit on healthcare and life sciences on 2 August.

The full scale of the HSBC scandal emerged last week when the Homeland Security sub-committee of the US Senate published a damning 340-page report into money-laundering at the bank, which included allowing cash transfers linked to Mexican drugs gangs, Iran, al-Qa'ida and Burma.

Emails published by the Senate committee, led by Carl Levin, a Democrat, show that Lord Green was copied in on a number of emails and attended a meeting in June 2005 at which, the emails claimed, top executives discussed how to make sure huge cash transfers from Iran would comply with US regulations on money-laundering.

David Bagley, the HSBC head of compliance who sensationally resigned during last week's Senate committee hearing into the investigation, wrote on 20 June 2005 that Iranian payments had been discussed in a meeting with Lord Green and the bank's top lawyer, Richard Bennett.

Mr Bagley wrote, in an email to another executive, David Hodgkinson, that Stephen Green, as he then was, wanted confirmation that the "agreed arrangements in relation to Iranian payments had been put in place" and that they would comply with the Office of Foreign Assets Control, a US regulator.

Mr Bagley wrote: "I thought it only right and proper however to alert you to the fact that Stephen is looking for confirmation that all payments are not being routed through HBME [HSBC Bank Middle East] via a non-Group clearer, or that a reasonably proximate date has been set by which time those arrangements will be in place."


The email suggests that Lord Green was alerted to the issue and was keen that the Iranian transfers complied with US regulations on money-laundering. There is no suggestion of wrongdoing on the part of Lord Green. However, despite the meeting, and the emails sent to Lord Green, money-laundering continued to be rife at HSBC for at least another two years. Lord Green was chief executive from 2003-06, before being appointed chairman. He stood down from the bank in 2010 when he was given a peerage and the job of trade minister by Mr Cameron.

Senator Levin said last week: "HSBC's chief compliance officer and other senior executives in London knew what was going on but allowed the deceptive conduct to continue." Contacted by The IoS yesterday, Senator Levin's office declined to comment on the role of Lord Green.

Mr Leslie, the shadow City minister, has written to Lord Green asking him to clarify what steps he took to crack down on money-laundering at the bank and its subsidiaries....

Read the rest here.

20 July 2012

Chris Hedges: Church of All Souls in New York City February 7, 2012



Here is another interesting address from Chris Hedges from earlier this year.