Be a Hero, Not a Chump

Troubled companies can leave collateral damage in their wake. Don’t let your firm be one of the victims.

by Rick Telberg

The economy may, indeed, be at fault for many of the latest business failures. But blaming the economy won’t turn around a company in trouble; recognizing the problems and taking swift action could. That’s where CPAs can help.

Goodman

With over 40,000 business bankruptcies in 2008 and 2009 and little improvement expected this year, the message of turnaround specialist Katie S. Goodman couldn’t come at a better time.

One of the key opportunities facing CPAs today, according to Goodman, is to “truly recognize that certain clients are in financial distress and will not make it through the economic cycle.”

Goodman is managing partner of Atlanta-based Grisanti, Galef & Goldress, one of the oldest turnaround consulting firms in the United States. She is often called in to assume the role of the director of reorganization or the chief restructuring officer for companies with private equity funding, and she serves as an adviser to boards of directors and management teams.

Goodman is scheduled to appear at the AICPA Practitioners Symposium and TECH+ Information Technology Conference, June 7-9, in Las Vegas.

She says CPAs are in a unique position to aid the troubled businesses, sometimes even before it becomes too late to save it. “Stepping back,” she says, “CPAs can see the issues in a business,” such as uncollectible accounts receivable, bloated inventories, stretched accounts payable and breaches in lending covenants.

“It’s an opportunity,” she says, “to truly add value.” CPAs can “talk to the business owners, find out what’s going on and offer advice and solutions.”

It’s especially important for the CPA to dig behind the numbers of financially distressed clients for two reasons in particular, she cites:

  1. Owners of financially distressed companies can be more likely to be producing fraudulent financial statements. To be sure, Goodman will be telling AICPA members, “as an industry we try to avoid the word ‘fraud’ — but the level of fabricated statements is high.” Goodman recalls several cases in which she’s been called in to untangle problems caused by audited companies seeking to defraud creditors. Of course, “an audit is not designed to detect fraud,” she says, “but the CPA should be aware of the heightened possibility of fraud in a distressed situation.”
  2. CPAs have another reason to get involved early. “If a CPA has a client who is in financial distress, or insolvent, it is unlikely that they will ever be paid for their work,” she says. “CPAs need to evaluate credit risk just like any other firm: Clients who do not pay are not good clients. It is astounding to see so many accountants on lists of unpaid creditors. They see the numbers, should be able to assess the situation and frequently don’t.”

So what should CPAs be doing about it? “As always,” Goodman says, “they should be stepping back from the data and be good advisers to companies and company owners. In a ‘trusted adviser’ role CPAs are invaluable in guiding companies to success. Who else has regular access to financial data and can make that objective assessment?”

The economic situation could get worse before it gets better, according to Goodman. “We have a long way to go,” she says. The level of debt maturities from 2012 to 2014, which spring from the 2005 – 2007 financing spree, will cause “large, continued” financial problems for companies. “And this will be combined with maturities of CDOs [Collateralized debt obligations], a weak commercial real estate market and a residential real estate market that will take five or more years to recover,” she says.

But if advisers such as CPAs can give good advice, clients will, with a little luck, make it through the recession.

“Smart advisers,” she says, “look at the big picture.”

Copyright 2010 AICPA

2 Responses to “Be a Hero, Not a Chump”

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  2. Anonymous

    Currently I am in year 3 of fighting a Chapter 11, now Chapter 7 filing. Our firm consists of three very experienced practitioners with approximately 80 years of aggregate experience. Collectively we have CPA, CFE, JD, MS, and BBA degrees. My wife and I are now working on MS degrees in digital forensics. This was brought about by an agreed-upon procedures engagement involving an oil and gas drilling company that we took on in December 2006.

    Even though we found and documented evidence of:
    (1) material financial statement fraud,
    (2) mail fraud,
    (3) wire fraud,
    (4) securities fraud,
    (5) tax fraud,
    (6) asset conversion,
    (7) skimming,
    (8) embezzlement,
    (9) bankruptcy fraud, and
    (10) numerous other violations,
    for our efforts to-date we have gotten:
    · Threatened with loss of our CPA licenses by the former debtor-in-possession’s attorney,
    · Sued by the company for some of the fees they paid our firm before filing Chapter 11 under several different legal theories,
    · Currently we are being sued by the Chapter 7 trustee to “claw-back” preference payments,
    · Threatened twice with murder,
    · Been told by the State Board of Public Accountancy that we cannot disclose any “facts” of this former client arrangement unless we want to lose our licenses.

    As a firm we were set-up to ferret out fraud, document it, provide evidence of it, and then placed in a position where the power of the federal bankruptcy court system could be used against us. All of the time the IRS which was owed over $7M by the debtor, the U.S. Trustee, and the federal attorney for that district did very little.

    My point is this that when a CPA decides to work on a client in “financial distress” they should realistically consider consulting their priest, psychiatrist, and very good attorney first. The monetary loss has been huge, but the impact on us personally has been beyond description.

    Very few CPA firms are “large-enough” in terms of resources to handle this type of situation. We brought in one of the largest law firms in the state, as well as a prominent law firm from out of state specializing in bankruptcy. None of that has been enough to stop the collective loss across many innocent parties.

    This is what happens when fraudsters infect a company, provide the representation in bankruptcy court, and manage the debtor-in-possession.

    There is, unfortunately, a lot of this and I don’t know a single CPA that can play this game well. What we should be taught as professionals is “how to defend ourselves” and “how to take the gloves off” when it is necessary.

    Given the ethical nature of our profession we are “ripe” for picking by corporate organizers that aren’t ethical. In that respect we need to catch up to the current business environment.