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SEC charges Olayinka Oyebola with aiding, abetting securities fraud

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The Securities Exchange Commission today charged accountant Olayinka Oyebola and his PCAOB-registered firm, Olayinka Oyebola & Co. (Chartered Accountants), with aiding and abetting in a massive, multi-year securities fraud.

The scheme was perpetrated since at least 2019 by Mmobuosi Odogwu Banye, also known as Dozy Mmobuosi, and three related U.S. companies Mmobuosi controlled called the Tingo entities. The SEC’s complaint alleges that Oyebola and his firm deliberately failed to take action after learning that Mmobuosi and the Tingo entities created and filed to the SEC fake audit reports with Oyebola’s signature.

Oyebola allegedly then made material misstatements to the then-auditor of one of the Tingo entities and helped conceal that the audit reports were fake. Oyebola and his firm’s assistance enabled the continuation of the multi-year scheme to inflate financial performance metrics and defraud investors.

The SEC obtained a $250 million final judgment against Mmobuosi and the Tingo entities on Aug. 29. Oyebola did not immediately respond to request for comment. 

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The Securities and Exchange Commission headquarters in Washington, D.C.

Andrew Harrer/Bloomberg

“As alleged, Oyebola and his firm violated the public trust and abdicated their responsibilities as public company accountants and auditors by helping Mmobuosi and the Tingo entities effectuate and conceal their fraud,” Antonia Apps, director of the SEC’s New York Regional Office, said in a statement. “We will not hesitate to hold gatekeepers to the public markets accountable when they facilitate fiction rather than truth.”

The SEC’s complaint was filed in the U.S. District Court for the Southern District of New York. It charges Oyebola and his firm with aiding and abetting violations of the antifraud provisions of the federal securities laws by Mmobuosi and the Tingo entities. The commission also charged him with aiding and abetting Mmobuosi’s violation of lying to auditors.

The complaint seeks civil penalties and a permanent injunctive relief, which includes permanent barring Oyebola and his firm from practicing as auditors or accountants for U.S. public companies or from assisting in the preparation of financial statements filed with the SEC.

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Accounting

SAP applies gen AI bot to spend management, business network solutions

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SAP announced improvements to its spend management and business network solutions, not least of which is the embedding of a generative AI assistant. Specifically, SAP is embedding its generative AI copilot Joule across the SAP Ariba source-to-pay solution portfolio—which includes SAP Ariba, SAP Business Network and SAP Fieldglass—starting in Q4 of this year. 

Within SAP Fieldglass, Joule can recommend best-fit templates to generate job postings and statements of work with prefilled information such as the start date and the number of skilled workers needed. Joule embedded across the SAP Business Network can analyze, categorize and transform unstructured invoice rejection errors into structured, actionable insights to reduce the cost of resolving exceptions. Further planned capacities will eventually help match suppliers with new business opportunities. Within SAP Ariba, Joule will enable users to create RFPs and request help with routine inquiries and surface risks. These capabilities will also provide buying recommendations along with supplier summaries from different data sources. In addition, a sustainability scorecard from SAP Ariba helps customers make decisions that align with their organizations’ environmental, social and governance objectives.  

Overall, Joule will manage 80% of the most frequently performed tasks in the SAP Ariba portfolio of intelligent spend management and business network solutions. 

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Visitors pass a SAP SE logo at the CeBIT 2017 tech fair in Hannover, Germany, on Monday, March 20, 2017. Leading edge technologies in the digital world are showcased in this annual event which runs March 20 – 24. Photographer: Krisztian Bocsi/Bloomberg

Krisztian Bocsi/Bloomberg

During his presentation yesterday at SAP Spend Connect Live, Manoj Swaminathan, president and chief product officer for intelligent spend and business network at SAP, noted that the company has accounted for people’s concerns regarding security and privacy. 

“SAP is dedicated to delivering best-in-class solutions infused with AI, empowering you to prioritize strategic initiatives over mundane tasks,” he said during his keynote. “We understand and hear the concerns surrounding data security when implementing AI, which is why we have made no compromises in ensuring our AI capabilities set the standard for compliance. From third-party advisory boards to adhering to the UNESCO 10 Guiding Principles for Ethical AI and signing the EU AI Pact, we enable customers to harness the power of AI without sacrificing control over their data.”

Beyond Joule’s integration into the wider portfolio of SAP products, he also announced the upcoming release of the SAP Ariba Intake Management solution, designed to address how businesses handle employee requests and process orchestration, starting with procurement. It provides employees with a single place to go for procurement inquiries and visibility on their status. The solution collects employee requests, orchestrates processes across landscapes and applications, and provides visibility on status while shielding employees from process complexity. SAP plans to make SAP Ariba Intake Management available in the first quarter of 2025.

Swaminathan also announced that SAP Business Network will launch a new promote subscription in the first quarter with value-added features to help suppliers differentiate themselves, attract new buyers and grow their businesses. Swaminathan said the subscription will give suppliers recommendations to improve discoverability, advanced search results, supplier profile verification and network catalog APIs. With the help of generative AI tools, suppliers can load their full suite of offerings into the network catalog faster and with enhanced product descriptions and summaries. The new promote subscription will help suppliers identify sales opportunities based on regional search data and use advanced insights to track business growth on the network.  

He also announced a new analytics add-on with AI capabilities for SAP Fieldglass solutions, which helps procurement, vendor management and HR professionals to implement agile multichannel talent strategies. The analytics add-on for SAP Fieldglass solutions lets users review performance against over 50 external workforce key performance indicators; access global market intelligence including rates, talent supply and demand, and time-to-hire trends; and track sustainability initiatives such as spend with diverse suppliers and worker health and safety, while observing cost overruns, worker fatigue, and on- and offboarding compliance.

“With SAP Business AI as the foundation of our intelligent products, customers can improve productivity and gain insights from their spend data no matter where it sits,” said Swaminathan. “Whether it is managing cost, mitigating risk or supporting scope three emission reduction, SAP empowers companies with the right solutions for agile and effective spend management and supply chain functions.”

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Accounting

IRS accelerates ERC claims processsing

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The Internal Revenue Service says it has processing underway on some 400,000 claims for the Employee Retention Credit, representing about $10 billion of eligible claims.

Work on the claims for small businesses and others is ongoing as the agency continues to wade through claims from the complex — and at times misused — pandemic-era credit. A significant number of the ERC claims came in during what the IRS calls “a period of aggressive marketing” by promoters, leading to a large percentage of improper, ineligible claims.    

“In recent weeks, the IRS has made substantial progress in separating eligible claims from the wave of ineligible claims that have come in,” said IRS Commissioner Danny Werfel in a statement, “and we continue working to refine our models to identify more eligible claims.”    

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IRS Commissioner Daniel Werfel testifying at a Senate Finance Committee hearing

The claims being processed include eligible and ineligible claims, with most being processed for approval. Checks are being mailed for eligible claims with refunds.

The ERC program increasingly became the target of aggressive marketing well after the pandemic ended. Some promoter groups called the credit by another name, such as a grant, business stimulus payment, government relief or other names. The IRS is continuing to work denials of improper claims, intensifying audits and investigating potential fraud and abuse. 

Last month, the agency opened a supplemental claim process to help third-party payers and their clients resolve incorrect ERC claims, and warned that its second Employee Retention Credit Voluntary Disclosure Program ends Nov. 22.

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Accounting

Intuit steps up, and other accounting technology stories you may have missed

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Intuit launched an all-in-one accounting solution for mid-market businesses, LiveFlow raised $13.5 million to modernize accounting, a host of developments in AI, and other technology stories you may have missed in the last month and how they’ll impact your clients and your firm. 

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