Some
would say the accounting profession has taken its fair share
of lumps, particularly with the abrupt annihilation of Arthur
Andersen LLP and the jobs of thousands of auditors who had
nothing to do with the firm’s Enron
Corporation account. Meantime, the big auditing firms are
paying hundreds of millions of dollars in damages–without
admitting or denying wrongdoing–to settle assorted charges
of professional malpractice.
Individual
penance is another matter, however, and here the accountants
aren’t being held so accountable.
Part
of the trouble is that there doesn’t appear to be an established
system of communication by which the SEC automatically notifies
state accounting regulators of federal disciplinary
actions.
In several instances, state accounting boards were unaware
a licensee had been disciplined by the SEC until it was
brought to their attention in the reporting for this column.
The SEC says it refers all disciplinary actions to the relevant
state boards, so the cause of any breakdowns in these communications
is unclear.
Another
obstacle may be that some state boards do not have ample
resources to tackle the sudden swell of financial scandals.
It’s not as if, for example, the Texas State Board of Public
Accountancy
had ever before dealt with an accounting fraud as vast as
was perpetrated at Houston‑based Enron.
“We
don’t have the staff on board to manage the extra workload
that the profession has been confronted with over the last
few years,” said William Treacy, executive
director of the Texas board. “So we contracted with the
attorney general’s office to provide extra prosecutorial
power.”
Treacy
said his office is usually notified of SEC actions concerning
Texas‑licensed CPAs, but the process isn’t automatic.
With
other states, communications from the SEC appear less certain.
If nothing else, many boards rely upon license renewals
to learn about SEC actions, but that only works if the applicants
respond truthfully to questions about whether they’ve been
disciplined by any federal or state agency. A spokeswoman
for Georgia’s board said one CPA
recently
disciplined by the SEC had renewed his license online without
disclosing it.
Ransom
Jones, CPA‑Investigator for the Mississippi State
Board of Public Accountancy, said most of his leads come
from other accountants, media reports and annual registrations.
“The
SEC doesn’t necessarily notify the board,” said Jones, whose
agency revoked the licenses
of key players in the scandal at Mississippi‑based
WorldCom.
Some
state boards appear more vigilant than others in policing
their membership. The boards in California and Ohio have
punished most of their licensees who have been disciplined
by the SEC since the start of 2005.
New
York regulators haven’t yet penalized any locals targeted
by the SEC in that time frame, though they have taken action
against two disciplined by the SEC’s new Public Company
Accounting Oversight Board. It is conceivable that cases
are underway
but not yet disclosed, or that some individuals have been
cleared despite the SEC’s findings. A spokesman for the
New York State Education Department said all SEC referrals
are probed, but not all forms of misconduct are punishable
under local statute. New rules now under consideration would
strengthen those disciplinary powers, he said.
Meanwhile,
although the SEC deserves credit for de‑penciling
those CPAs who’ve breached their duties as gatekeepers of
financial
integrity, barely any of those individuals have been asked
to make amends financially.
No
doubt, except for those elevated to CEO or CFO, most accountants
are not paid as handsomely as the corporate elite. That
said, partners from top accounting firms are paid well enough
to cough up more than the SEC has sought, which in most
cases has been zero.
Earlier
this year, in what the SEC described as a landmark settlement,
three partners for KPMG LLP agreed to pay a combined $400,000
in fines regarding a $1.2 billion fraud at Xerox Corp. One
of those fined still holds his license in New York.
“The
SEC has never sought serious
money from errant CPAs,” said David Nolte of Fulcrum Financial
Inquiry LLP. “Unfortunately, the small fines in the Xerox
case set a record of the amount paid, so everyone else has
also gotten off easy.”
It’s
not that the CPAs found culpable in scandals don’t deserve
a right to redemption, or to earn a living. Most of the
bans against practicing before the SEC are temporary, spanning
anywhere from one to 10 years.
But
the presumed deterrent of SEC action is weakened if federal
and state regulators don’t work together on a consistent
message so bad actors don’t get a free pass at the local
level.