Are you ready to implement the FASB/IASB New Revenue Recognition Standard? With approximately nine months to go – The countdown is on! SECI is conducting training workshops throughout the U.S. to prepare filers for the changes and arm them with the tools for implementation. Workshop leaders use interactive lecture, examples and case studies to impart solid knowledge of the provisions of the FASB’s and IASB’s new revenue recognition standard and build an understanding of how the new standard changes revenue recognition accounting and also how it affects the related estimates and judgements. Upcoming workshops include May 2-3 in New York City, May 22-23 in Chicago and June 21-22 in San Francisco with additional dates listed on the SECI site.
Confirmation Hearings!
Everyone in the SEC Reporting community has been waiting for the new leadership at the Commission to be confirmed. As a bit of a preview, here is a link to C-Span video of Chair nominee Jay Clayton’s confirmation hearing. Enjoy!
The Enforcement Division Found Evidence How?????
By: George M. Wilson & Carol A. Stacey
Earlier in March the Enforcement Division announced a settled case against homebuilder Desarrolladora Homex S.A.B. de C.V. This company fraudulently inflated revenues by reporting the sale of over 100,000 homes that had never been built or sold! This was a huge fraud, over $3 billion!
All of that is interesting, but what is really fascinating is how the SEC found that the homes had never been built. They used satellite imagery! You can see one of the pictures here.
We are tempted to say “watch the skies”, but that sounds too much like a 50’s sci-fi movie trailer…..
As always, your thoughts and comments are welcome!
A Bit of SEC News and a Hopefully Enjoyable Video
By: George M. Wilson & Carol A. Stacey
In the first few weeks of the new Administration there was news from the SEC including reconsideration of the Conflict Minerals and Pay Ratio disclosures as well as the legislative repeal of the Resource Extraction Payment disclosure.
While there have not been as many highly publicized developments in recent weeks, the Commission is continuing its normal business. A final rule for Hyperlinks to Exhibits, a proposal to for Inline XBRL, approving an XBRL Taxonomy for IFRS, and a Request for Comment to consider changes to Bank Holding Company Disclosures in Guide 3 are a few of the normal course of business things going on at the SEC. The Enforcement Division continues its normal process with cases ranging from an auditor trading on inside information to a Ponzi scheme involving resale of Hamilton tickets. And, of course, CorpFin continues its review program, and after reviewing over 50% of all companies last year it will be interesting to see the numbers this year.
In a way, especially with so many of our SEC reporting community working on year-end and quarter-end reports, it is nice to have a normal flow of work from the SEC instead of big stories!
So, enjoy the lull! And, to have a bit of fun in this lull, here is a hopefully entertaining diversion. The SEC’s Office of Investor Education and Advocacy has, via its investor.gov website, produced a number of educational videos for investors. This one, titled “Don’t let someone else live the life you’ve been saving for”, is particularly entertaining! Enjoy!
As always, your thoughts and comments are welcome!
Jeepers – More Whistleblower Enforcement Cases? – Do We Have the Message Yet?
By: George M. Wilson & Carol A. Stacey
Just a few weeks ago we did the latest in a series of posts about the SEC’s Whistleblower program. That post focused on two significant enforcement cases where companies attempted to impede whistleblowers. For other posts in our whistleblower series, see:
Our post discussing the background of the SOX and Dodd/Frank whistleblower programs
Our post about the total amount being paid-out to whistleblowers exceeding $100,000,000 (It is even more today!)
Our post discussing a company having to pay a $500,000 fine for firing a whistleblower
SEEMS LIKE THE MESSAGE SHOULD BE CLEAR BY NOW! Don’t try to limit how employees can blow the whistle.
But, the Enforcement Division is not done!
In a case announced on January 17 a company paid a $650,000 fine for including language trying to restrict whistleblower rights in over 1,000 severance arrangements. After removing the language the company also voluntarily agreed to conduct annual training for employees about their whistleblowing rights.
In a case announced on January 21 the SEC found a company that actively searched for a whistleblower, to the point of essentially threatening employees. The reason for the hunt was clear, the treasurer and the company had manipulated information related to hedge accounting and was actively trying to hide the fact that certain hedging relationships were not effective. When the SEC began to ask questions about the issue, the company suspected someone had blown the whistle. The company tried to ferret out the whistleblower, compounding their offenses. The company and the treasurer both paid fines.
There is a very important reason for these cases. In many situations a fraud would go undetected if it were not for the conscience and courage of whistleblowers.
It would seem that the SEC is actively searching for more enforcement cases to make the point that it is illegal for a company to try and prevent or impede employees from blowing the whistle.
Not to be too preachy, and hopefully to be a bit practical, here are two thoughts:
For all of us who may see a need to blow the whistle, know that this is never easy, and know that you have rights and protections.
For companies, don’t try to hide problems and make sure any agreements surrounding employee departures don’t have these kinds of restrictions!
As always, your thoughts and comments are welcome!
XBRL for Foreign Private Issuers Using IFRS
By George M. Wilson & Carol A. Stacey
Foreign Private Issuers (FPI’s) who file using IFRS have been in a conundrum about XBRL because there was no usable IFRS taxonomy. The SEC excepted these FPI’s from XBRL until an appropriate taxonomy was developed.
A usable IFRS XBRL taxonomy was formally announced by the SEC on March 1, 2017. The announcement includes a link to the IFRS XBRL Taxonomy that FPI’s must use.
The SEC indicated that FPI’s who use IFRS may begin to submit XBRL financial statements immediately, and that they MUST submit XBRL financial statements for periods ending on or after December 15, 2017.
As always, your thoughts and comments are welcome!
First Quarter 2017 Form 10-Q Hot Topics – SAB 74 and Beyond!
Are you prepared to effectively deal with current and evolving SEC reporting issues, particularly SAB 74 disclosures and recently issued accounting standards in your first quarterly report on Form 10-Q this year? Attend our April 28th One Hour Video Briefing, First Quarter 2017 Form 10-Q Hot Topics as our expert faculty review the key issues to address in your Form 10-Q quarterly reporting.
Hope you Don’t Need This One!
As we discuss in all our programs, litigation is one of the issues and risks in the public company world. Our program “Securities Litigation 2017: From Investigation to Trial” on April 5, 2017 includes an expert faculty of practitioners and government officials. Included on the agenda are:
The steps involved in a securities case
The initial government investigation
Filing of the civil case, and
Settlement or the trial
Again, hope this is not one you need!
As always, your thoughts and comments are welcome!
Can You Prepare an IPO?
In almost any market, understanding the IPO process is an essential skill for both legal and business advisors. Attend our live seminar and webcast, How to Prepare an Initial Public Offering, being held April 5th in New York City. Hear from an experienced faculty, including attorneys, underwriters, accountants and a member of the Securities and Exchange Commission staff, on the nuts and bolts of an initial public offering.
Solid Knowledge and Tips Needed to Successfully Navigate SEC Reporting
Financial reporting professionals that are armed with the foundational knowledge and practical experience are better prepared to complete and review the SEC’s periodic and current reporting forms, including the 10-K Annual Report, the 10-Q Quarterly Report and the 8-K Current Report. Attend an upcoming SECI live workshop, SEC Reporting Skills, being held in March in San Francisco, New York and San Diego with additional dates and locations.
http://www.pli.edu/Content/SEC_Reporting_Skills_Workshop_2017/_/N-1z10od0Z4k?ID=290554