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SEC settles accounting, disclosure fraud charges with Ideanomics

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The Securities and Exchange Commission announced Friday it settled fraud charges against electric vehicle company Ideanomics and its former chairman and CEO Zheng (Bruno) Wu for misleading the public about its financial performance between 2017 and 2019. 

The SEC alleged that Ideanomics and Wu reported revenue guidance of $300 million in 2017 despite numerous known issues indicating that the company would miss this guidance by a significant margin. The company later reported $144 million in revenues. 

The complaints also claimed that Ideanomics and Wu provided their auditor with a fraudulent letter of intent from a purportedly interested buyer to avoid a $17 million writedown on certain assets. Wu also allegedly hid his personal interest in two companies that received millions in cash and stock from deals with Ideanomics. 

Ideanomics’ current CEO Alfred Poor and its former CFO Frederico Tovar were also charged for their roles in the scheme. The SEC claimed that Ideanomics, Wu, Poor and Tovar improperly accounted for cryptocurrency assets, resulting in overstating the company’s revenues by more than $40 million.

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The SEC found that Wu violated antifraud, reporting, internal control, and books and records provisions of the federal securities laws and caused some of the company’s violations. In its order against Ideanomics, Poor and Tovar, it found that Ideanomics violated antifraud, reporting, internal control, and books and records provisions of federal securities laws, and that Poor and Tovar violated the antifraud, reporting, and books and records provisions and caused some of the company’s violations. 

All respondents, without admitting or denying the SEC’s findings, settled the matter by agreeing to cease and desist from future violations of the charged provisions. Wu agreed to pay more than $3.3 million in disgorgement and prejudgement interest and a $200,000 penalty, as well as a 10-year officer and director bar. Tovar and Poor each agreed to pay a $75,000 penalty; Tovar agreed to a two-year suspension from practicing as an accountant. Finally, Ideanomics agreed to pay a $1.4 million penalty and to retain an independent compliance consultant. 

“As we alleged, Ideanomics and its executives defrauded investors, including by misstating its financial statements and failing to disclose material information to investors,” Stacy Bogert, associate director of the division of enforcement, said in a statement. “The investing public must be able to trust the accuracy of a company’s disclosures, and we will hold accountable executives who abuse that trust by engaging in fraud.”  

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Acting IRS commissioner reportedly replaced

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Gary Shapley, who was named only days ago as the acting commissioner of the Internal Revenue Service, is reportedly being replaced by Deputy Treasury Secretary Michael Faulkender amid a power struggle between Treasury Secretary Scott Bessent and Elon Musk.

The New York Times reported that Bessent was outraged that Shapley was named to head the IRS without his knowledge or approval and complained to President Trump about it. Shapley was installed as acting commissioner on Tuesday, only to be ousted on Friday. He first gained prominence as an IRS Criminal Investigation special agent and whistleblower who testified in 2023 before the House Oversight Committee that then-President Joe Biden’s son Hunter received preferential treatment during a tax-evasion investigation, and he and another special agent had been removed from the investigation after complaining to their supervisors in 2022. He was promoted last month to senior advisor to Bessent and made deputy chief of IRS Criminal Investigation. Shapley is expected to remain now as a senior official at IRS Criminal Investigation, according to the Wall Street Journal. The IRS and the Treasury Department press offices did not immediately respond to requests for comment.

Faulkender was confirmed last month as deputy secretary at the Treasury Department and formerly worked during the first Trump administration at the Treasury on the Paycheck Protection Program before leaving to teach finance at the University of Maryland.

Faulkender will be the fifth head of the IRS this year. Former IRS commissioner Danny Werfel departed in January, on Inauguration Day, after Trump announced in December he planned to name former Congressman Billy Long, R-Missouri, as the next IRS commissioner, even though Werfel’s term wasn’t scheduled to end until November 2027. The Senate has not yet scheduled a confirmation hearing for Long, amid questions from Senate Democrats about his work promoting the Employee Retention Credit and so-called “tribal tax credits.” The job of acting commissioner has since been filled by Douglas O’Donnell, who was deputy commissioner under Werfel. However, O’Donnell abruptly retired as the IRS came under pressure to lay off thousands of employees and share access to confidential taxpayer data. He was replaced by IRS chief operating officer Melanie Krause, who resigned last week after coming under similar pressure to provide taxpayer data to immigration authorities and employees of the Musk-led U.S. DOGE Service. 

Krause had planned to depart later this month under the deferred resignation program at the IRS, under which approximately 22,000 IRS employees have accepted the voluntary buyout offers. But Musk reportedly pushed to have Shapley installed on Tuesday, according to the Times, and he remained working in the commissioner’s office as recently as Friday morning. Meanwhile, plans are underway for further reductions in the IRS workforce of up to 40%, according to the Federal News Network, taking the IRS from approximately 102,000 employees at the beginning of the year to around 60,000 to 70,000 employees.

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Accounting

On the move: EY names San Antonio office MP

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Carr, Riggs & Ingram appoints CFO and chief legal officer; TSCPA hosts accounting bootcamp; and more news from across the profession.

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Accounting

Tech news: Certinia announces spring release

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Certinia announces spring release; Intuit acquires tech and experts from fintech Deserve; Paystand launches feature to navigate tariffs; and other accounting tech news and updates.

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