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PCAOB Really Flexed Its Enforcement Muscles in 2023

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2023 definitely was a banner year for the enforcement division of the Public Company Accounting Oversight Board (PCAOB) as total enforcement activity reached its highest level since 2017 and monetary penalties doubled compared to the record set in 2022, according to a new study from Cornerstone Research.

The PCAOB disclosed 46 total enforcement actions in 2023, 37 of which related to the performance of an audit, up more than 28% from 2022. Twenty-nine of the 37 auditing actions were revealed during the second half of 2023, matching the total number of auditing actions for all of 2022.

Data courtesy of Cornerstone Research

In addition, monetary penalties last year totaled $19.7 million, nearly doubling the previous record of approximately $10.5 million in 2022. Of that $19.7 million, $18.8 million were imposed on audit firms, nearly twice the $9.5 million imposed on firms in 2022, according to Cornerstone Research. Fifteen percent of firms sanctioned by the PCAOB were required to hire an independent consultant to review their quality control policies and procedures and recommend improvements.

“More than two-thirds of the PCAOB’s record-setting monetary penalties were imposed on non-U.S. respondents in 2023, even though non-U.S. respondents accounted for less than half of the auditing actions during the year,” Russell Molter, a principal at Cornerstone Research and report co-author, said in a statement. 

Last year, there were 34 PCAOB auditing enforcement actions against firms versus 19 against individuals, a notable shift from previous years when there were more actions taken against individuals than firms. For example, individuals were sanctioned more by the U.S. audit regulator than firms (26 vs. 17) in 2022.

The vast majority—79%—of auditing actions in 2023 included alleged violations of auditing standards. Sixty percent of those actions included additional allegations related to ethics and independence standards, quality control standards, or both. And for the first time, the PCAOB included allegations related to critical audit matters in enforcement actions, with three actions including such allegations, the study says.

Other key trends noted in the study include:

  • The PCAOB settled four actions involving three China-based firms after securing access to inspect and investigate Chinese firms in 2022.
  • For the second consecutive year, there were no enforcement actions related to a company’s disclosure of a material weakness in internal control. In contrast, Securities and Exchange Commission enforcement actions that referred to an announced restatement and/or material weakness in internal control reached their highest levels in recent years.
  • Violations of quality control standards were alleged in more than half of the actions involving firm respondents.
  • Nearly 80% of the total monetary penalties in 2023 were assessed on just six defendants.
  • The proportion of individual respondents who were barred increased from 64% in 2022 to 85% in 2023.

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Auditing & Assurance

RightTool Wins 2024 Accountant Bracket Challenge

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QuickBooks automation tool RightTool is the champion of the 2024 Accountant Bracket Challenge, presented by Accounting High, as the 3 seed defeated 1 seed CPA Jason Staats, host of the Jason Daily podcast, by a score of 355 votes to 110 votes in the final.

“To everybody in the RightTool Facebook community and all the RightTool users, all of you came together and helped us get the most votes, so I wanted to thank you guys for being the best community in the industry, in my opinion,” said Hector Garcia, CPA, co-founder of RightTool, during the championship final show, which was streamed by Accounting High on YouTube and LinkedIn earlier this afternoon.

RightTool joins accounting and bookkeeping app Uncat as winners of the ABC Tournament. In the inaugural Accountant Bracket Challenge last year, Uncat defeated Staats 339-190 in the championship match.

“I think what we’ve learned is … machines win,” Staats said about his consecutive losses in the tournament final. “We thought that would be down the road, but it’s happening.”

A grand total of 36,831 votes were cast during the three-week tournament.

“This has been so much fun. It only works if other people participate and pay attention and have fun, so thank you to the 1,806 ‘students’ who participated,” said Scott Scarano, an accounting firm owner who founded Accounting High, a community for forward-thinking accountants.

He added that the tournament will return next year, with some tweaks to make it better.

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Auditing & Assurance

Tesla to Launch RoboTaxi on August 8

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Dana Hull
Bloomberg News
(TNS)

Tesla Inc. plans to unveil its long-promised robotaxi later this year as the electric carmaker struggles with weak sales and competition from cheap Chinese EVs.

Chief Executive Officer Elon Musk posted Friday on X, his social media site, that Tesla’s robotaxi will be unveiled on Aug. 8.

Shares gained as much as 5.1% in postmarket trading in New York. Tesla’s stock has fallen 34% this year through Friday’s close. Shortly before Musk posted the news about the robotaxi, he lost the title of third-richest person in the works to Mark Zuckerberg, CEO of Meta Platforms Inc.

A fully autonomous vehicle, pitched to investors in 2019, has long been key to Tesla’s lofty valuation. In recent weeks, Tesla has rolled out the latest version of the driver-assistance software that it markets as FSD, or Full Self-Driving, to consumers.

The company has said that its next-generation vehicle platform will include both a cheaper car and a dedicated robotaxi. Though the company has teased both, it has yet to unveil prototypes of either. Musk’s Friday tweet indicates that the robotaxi is taking priority over the cheaper car, though both will be designed on the same platform.

Reuters reported earlier Friday that the carmaker had called off plans for the less-expensive vehicle and was shifting more resources toward trying to bring a robotaxi to market. Musk responded by saying “Reuters is lying,” without offering specifics.

Tesla also produced 46,561 more vehicles than it delivered in the first quarter, which has forced it to slash prices. U.S. consumers have been turning away from more expensive EVs in favor of hybrid models, causing many manufacturers to rethink pushes to electrify their fleets.

Splashy product announcements by Musk have always been a key part of Tesla’s ability to gin up enthusiasm among customers and investors without spending on traditional advertising. They don’t always work: the company unveiled the Cybertruck to enormous fanfare in November 2019, but production was delayed for years and the ramp up of that vehicle has been slow.

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(With assistance from Catherine Larkin.)

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Auditing & Assurance

Retail Sales and Wages Grew in March

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Retail sales grew at a steady pace in March, according to the CNBC/NRF Retail Monitor, powered by Affinity Solutions, released today by the National Retail Federation.

“As inflation for goods levels off, March’s data demonstrates steady spending by value-focused consumers who continue to benefit from a strong labor market and real wage gains,” NRF President and CEO Matthew Shay said. “In this highly competitive market, retailers are having to keep prices as low as possible to meet the demand of consumers looking to stretch their family budgets.”

Total retail sales, excluding automobiles and gasoline, were up 0.36% seasonally adjusted month over month and up 2.72% unadjusted year over year in March, according to the Retail Monitor. That compared with increases of 0.4% month over month and 2.7% year over year in February, based on the first 28 days in February.

The Retail Monitor calculation of core retail sales – excluding restaurants in addition to automobiles and gasoline – was up 0.23% month over month and up 2.92% year over year in March. That compared with increases of 0.27% month over month and 2.99% year over year in February, based on the first 28 days in February.

For the first quarter, total retail sales were up 2.65% year over year and core sales were up 3.12%.

This is the sixth month that the Retail Monitor, which was launched in November, has provided data on monthly retail sales. Unlike survey-based numbers collected by the Census Bureau, the Retail Monitor uses actual, anonymized credit and debit card purchase data compiled by Affinity Solutions and does not need to be revised monthly or annually.

March sales were up in six out of nine retail categories on a yearly basis, led by online sales, sporting goods stores and health and personal care stores, and up in five categories on a monthly basis. Specifics from key sectors include:

  • Online and other non-store sales were up 2.48% month over month seasonally adjusted and up 15.47% year over year unadjusted.
  • Sporting goods, hobby, music and book stores were up 0.86% month over month seasonally adjusted and up 8.33% year over year unadjusted.
  • Health and personal care stores were up 0.03% month over month seasonally adjusted and up 4.5% year over year unadjusted.
  • Grocery and beverage stores were up 1.17% month over month and up 4.22% year over year unadjusted.
  • General merchandise stores were up 0.13% month over month seasonally adjusted and up 3.38% year over year unadjusted.
  • Clothing and accessories stores were down 0.01% month over month and up 2.13% year over year unadjusted.
  • Building and garden supply stores were down 2.13% month over month and down 3.97% year over year unadjusted.
  • Furniture and home furnishings stores were down 1.46% month over month seasonally adjusted and down 5.28% year over year unadjusted.
  • Electronics and appliance stores were down 2.27% month over month seasonally adjusted and down 5.92% year over year unadjusted.

To learn more, visit nrf.com/nrf/cnbc-retail-monitor.

As the leading authority and voice for the retail industry, NRF provides data on retail sales each month and also forecasts annual retail sales and spending for key periods such as the holiday season each year.

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