Are US auditors ignoring the law?

by admin on September 22, 2006

in General

I recently started regular reading of the CPA Journal. It’s enlightening for many reasons and especially in light of the continuing cost/benefit debate around Sarbanes-Oxley compliance. So imagine how surprised I was to find that back in February, three professors from Weber State University, Ogden, Utah said:

Principles-based accounting is not new, it is not just a rule, it is the law. It is past time that all accountants subscribe to and adhere to the law. That means that we must make sure that all financial statements are high quality and totally transparent.

They are referring to the effects of a 35 year old criminal case on audit principles. But nothing has changed. I’ve never seen a set of US accounts where the audit report refers to ‘principles’ or ‘true and fair’ but always to ‘being in compliance with US GAAP’ or some such. In other words, US audit reports are about following the rules-based methods so many believe apply. At least that has always been my impression and one on which no-one has ever attempted to disavow me.

Fast forward to July:

The Public Company Accounting Oversight Board (PCAOB) has determined that a large portion of these excessive [Sarbanes-Oxley related] costs can be attributed to compliance processes and audits that were not as effective or efficient as intended. In many cases, companies and auditors were documenting and testing too many financial reporting processes and related controls.

Am I reading too much into this or is it the case that audit crews, smelling the chance to make additional money are effectively misleading their clients? And even then is audit quality improving?

On audit quality, you can argue the rise in the number of restatements of audited accounts implies that rather than going forward, restatements are an indicator of going backwards or, at the very least, standing still. It doesn’t matter that commentators conclude that more errors are being found as a result of SOX. What matters is they went adrift in the first place.

The problem with rules based systems is they set the tone for other things. It is a small step from following rules to creating artificial tax schemes – the subject of increased scrutiny by both IRS and HMRC. They have no problem in casting aside what they see as fraudulent scams. So why does the US audit profession insist on ignoring the law?

Discussions on both sides of the Atlantic about the future of reporting, the oligopoly of the Big 4 and quality are remarkably similar. Now surely is the time for the various regulatory bodies to cast their territorial differences aside and take steps to rescue the profession from its continuing slide. Sadly it seems opportunities are being missed.

Technorati Tags: , , ,

Comments have been disabled for this post.
Sort: Newest | Oldest

I think you're pretty much right on the mark, Dennis. I've actually seen some of the Sarbanes-Oxley Section 404 workpapers put together by a firm's external and internal auditors. The work done looks mind-bogglingly complex and the workpaper files are impressively voluminous. But when you dig into them you get the sense that both the firm and the auditors approached the work in a very perfunctory, paint-by-numbers manner (i.e., the Checklist Approach) where it seems they gave little consideration to either overall control adequacy or to control efficiency relative to accounting misstatement risk.

Moreover, history shows that the infamous financial reporting frauds and audit failures often had little to do with controlling high volume accounting processes; they mainly involved executive management over-riding accounting controls by making discretionary adjustments, and auditors exercising "poor judgment" when opining on such adjustments (and when I say "poor judgment" I also mean to say "complicity" in some prominent cases).

Accountants in the U.S. have historically leaned on auditing and accounting standards in (legal) defense of their work. And this, in fact, seems to have largely worked for them. So I suppose accountants can ignore case law since they're writing the standards and the case law has often (enough) tended to evaluate their performance based on such standards. This, of course, has not diminished the criticism of the accounting profession in any meaningful way ...

Previous post:

Next post: