This story was included in yesterday’s news brief however comments are closed on those by default and we felt readers may have something to say about this topic.
New York Times has published a guest essay penned by Sherron Watkins and Cynthia Cooper, TIME’s 2002 Persons of the Year and, most notably, the people who have given audit professors teaching material for the next several decades. Sherron was Vice President of Corporate Development at Enron while Cynthia was Vice President of Internal Audit at WorldCom. Both saw something and said something, kicking off a chain of events that led to the biggest corporate accounting scandal of the 21st century so far, bringing the Big 5 audit firms down to just four, and creating exceedingly large piles of SOX compliance work in need of doing ever since. You all know the story.
In “We Exposed Fraud at Enron and WorldCom. Don’t Let History Repeat Itself.” they write [any bold emphasis ours]:
More than two decades ago we blew the whistle at Enron and WorldCom, industry giants whose spectacular falls revealed two of the largest accounting fraud scandals in American history. We know the destruction that fraud causes. We lived through it. We witnessed how unchecked power, collusion at the highest levels and manipulated financial statements can bring down iconic companies, destabilize markets and vaporize billions of dollars and thousands of jobs overnight.
That’s why we are raising our voices now against a proposal by Republican lawmakers to eliminate the Public Company Accounting Oversight Board, a watchdog that Congress created in the wake of those scandals to protect against accounting fraud and audit failure. The rollback of this hard-won safeguard would unleash additional risk into this highly uncertain economic environment and make the next corporate disaster more likely.
Don’t worry, ladies. The next scandal will involve private equity and/or offshoring and, if it still exists when it happens, the PCAOB will take action well after the damage is done. Mark our words.
The collapse of Enron and WorldCom exposed a broken system for verifying financial honesty. Before the P.C.A.O.B., accounting firms essentially policed themselves. That system failed in part because they often earned far more money selling advice to the same clients than they did from auditing. As a result, firms were sometimes incentivized to go easy on the auditing side — by reducing testing, lowering standards or putting more junior staff members on complex audits, for example — to secure their more lucrative consulting business. This conflict of interest, combined with auditing methods of the time that weren’t strong enough to uncover elaborate, high-level fraud schemes, created an environment that allowed enormous deceptions to go unnoticed.
Side note: NYT’s style guide for periods in acronyms is obnoxious. That is all.
The accounting oversight board ushered in rigorous inspections, enhanced enforcement and an improvement in audit quality that the profession badly needed. Successive Securities and Exchange Commission chairs from both parties have affirmed the board’s value as a vital post-crisis innovation: Thanks to its work, audits today are more consistent, more credible and more accountable, helping to uncover deficiencies that might otherwise fester. The board’s continued vigilance is crucial, as many of the systemic risks that necessitated its creation — such as the inherently conflicted relationship between auditors and their clients and the temptation of fraud — still endure. Every organization has room to improve, but any needed changes can be addressed within the current framework.
Their strongest argument is that the PCAOB’s independence from the SEC is “one of the board’s greatest strengths,” explaining to the layman how the SEC has a lot of non-audit business on its plate (“a sprawling agenda”) while the PCAOB “has one mission: ensuring high-quality audits.”
That laser focus is critical, and it’s only possible because of the board’s operational independence.
In the last few years, the PCAOB’s “laser focus” has been on answer sharing at audit firms in other countries. Their largest fine to date — $25 million — was given to KPMG Netherlands after they found out staff were sharing answer keys for internal training. They’ve levied several more against other international firms, most notably hitting PwC Canada despite the fact the firm scored flawless, zero deficiency PCAOB inspections during the period they were fined for. PwC Canada gets extra efficiency points from us for maintaining answers on shared drives. Great collaboration there, you guys.
The PCAOB’s most recent cheating fine was handed out to PwC Israel — the 10th firm to be sanctioned by the PCAOB for “improper answer sharing” since 2021 — who also had zero Part 1.A deficiencies (the serious kind) at the time their staff were passing around answers to mandatory internal learning so they could check those particular boxes and get back to checking the boxes that really matter.
According to Cornerstone Research’s 2024 enforcement review [PDF], the PCAOB has levied $94 million in total penalties since its inception, 38% of it ($35.7 million) last year alone. Again, the largest chunk of that has been against foreign firms and for sharing answers on open book tests and training.
Another point made by the whistleblowers in their op-ed is that closing shop on the PCAOB wouldn’t actually save taxpayer money as some have said because the PCAOB gets its money from public companies and broker-dealers. When the SEC approved their 2025 budget of $399.7 million late last year, they explained in a news release that the accounting support fee totals $374.9 million, of which $346.1 million will be assessed on public company issuers and $28.8 million will be assessed on registered broker-dealers. Indeed that’s valid and if anything, folding up the PCAOB would only add to the SEC’s budget.
Do we need independent audit enforcement? I don’t see many reasonable people making a valid argument that we don’t. What I do see is more than just gung-ho libertarians suggesting the regulator we have isn’t doing the job they were created for. See also this May 27 post from Bloomberg Tax: US Audit Board Urged to Reform as Congress Weighs Its Future.
Further reading from Going Concern:
- Senators Yell at the PCAOB Because BDO’s Auditing Sucks (October 2024)
- The PCAOB Made Its Own Quality Control Standard and It Took Only 22 Years (May 2024)
- Upcoming Inspection Report Deficiencies Are ‘Completely Unacceptable,’ Writes PCAOB Chair in Venomous Op-Ed (July 2023)
The post Enron and WorldCom Whistleblowers Plead Their Case to Save the PCAOB appeared first on Going Concern.