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Time for accounting firms to double down on DEI

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In the face of recent backlash and a broad corporate pullback on diversity, equity and inclusion, experts say the accounting profession largely remains on track with its efforts. 

But while the profession remains strong in DEI, experts point to a loud minority amplifying an unpopular sentiment that, as a result, may see some firms quietly retreating out of fear of legal or political backlash. 

Experts agree that now is not the time to become complacent. They remind accountants that DEI is ultimately a boon to firms in terms of the bottom line and talent development — making it an invaluable lever to pull amid an ongoing talent shortage.

Breaking down DEI

The politicization of DEI has made it easy to lose sight of what the term actually means and what its implementation looks like in a firm. 

Diversity encompasses more than just race, ethnicity and gender. It also refers to age, marital status, parental status, neurodiversity, socioeconomic status, veteran status, nationality, immigration status, physical ability or disability, religion and more. 

“I don’t know how we let someone take the word ‘diversity’ and make it all things bad,” said Kimberly Ellison-Taylor, former chair of the American Institute of CPAs’ National Commission on Diversity and Inclusion. “To the extent that people don’t really understand what diversity means, that’s when you see them using it, not knowing that it includes the veterans programs, it includes the programs for young people, it includes programs for women, it includes mental health programs.”

Equity is the “assistive things that people need in order to be the best version of themselves,” Ellison-Taylor explained.

Equity is often conflated and confused with equality, but the difference is significant: Equality entails providing everyone with the same treatment across the board, while equity entails providing varying kinds of help according to each individual’s needs.

Illustration of equality versus equity concepts

“Originally, we used to talk about equality, and equality was, ‘We’re all equal. There’s a level playing field.’ Part of what DEI looks at and says is that not all people have the same opportunity as others do, and some people need a boost to enable them to have that opportunity,” said Donny Shimamoto, founder of CPA firm IntrapriseTechKnowlogies. “That’s why they show that picture of the sliding boxes. The shorter person needs a bigger box to have the equal view over the fence. If you gave everyone the same box, which is equal, the short person still can’t see over the fence.”

Lastly, inclusion is making sure everyone feels like they have a place in the profession. 

“If we’re doing it well, everyone would know where they fit, and they would not begrudge the assistance that other people are getting in order to be their full, productive selves,” Ellison-Taylor said.

Temperature check

In 2020, George Floyd was murdered by Minneapolis police, inciting a summer of racial unrest across the country. In corporate America, Floyd’s death prompted a wave of renewed commitments to DEI initiatives and programs, such as implementing diverse recruitment practices, increasing pay equity, establishing employee resource groups, and hosting trainings on topics such as unconscious bias and microaggressions. But now major companies like Ford, Microsoft, Tractor Supply, John Deere and Harley-Davidson are making headlines for reversing their DEI commitments.

It’s the result of recent political and cultural rollback: The Supreme Court decision in June 2023 effectively ending affirmative action admission programs at colleges and universities across the country, state lawmakers passing legislation restricting DEI programs on campuses and other public institutions, and powerful businessmen such as Bill Ackman and Elon Musk vocally arguing against DEI.

The general consensus among accounting leaders is that most firms are still moving forward, despite the politicization and broader corporate backlash, while a small group have pulled back. Where experts disagree is the degree to which firms are pulling back and just how many are doing so.

“The accounting profession remains strong in our stance on the importance of DEI. The future of the profession demands it,” said Anoop Mehta, past chair of the AICPA and current chair of the AICPA NCDI, noting that it is a loud minority that opposes DEI. “Now certainly is not the time for employers to overreact to whatever is going on or what you’re seeing in the media. … This is now the time to double down.”

Bonnie Buol Ruszczyk, president and manager of the Accounting MOVE Project said, “It depends on the firm that you’re looking at.”

“This is a really loud minority,” she said. “They’re the squeaky wheel, but most people do feel that this is important. They may be on different spots on the spectrum as to how important it is or what elements of it are important, but this is not a 50-50 kind of thing by any means.”

Sandra Wiley, president of Boomer Consulting, said that many firms are frightened to associate with the politics and fear the legal risks their DEI initiatives may pose. 

“Firms are almost scared to talk about it anymore because they’re afraid that what people are trying to say is that the firm will be more Republican or Democrat, which is stupid,” Wiley said. “It’s not about politics. It’s about the human aspects of what is right and what is not right.”

Firm leaders “don’t want to admit that there’s a systemic problem going on,” Wiley said, and that refusal results in top leadership being majority male and white.

Wiley said some firms are pulling back for financial reasons — they look at DEI positions in their firm and ask if they’re really boosting profitability, which means DEI leaders “have got to start looking at their metrics deeper so that they can protect their positions.” 

“The pushback on it is a little bit dumbfounding to me,” Buol Ruszczyk added. “There are those that have been in positions of power that see this as somebody trying to take their power away.”

But she clarified that implementing DEI does not mean leadership giving up their piece of the pie: “What it does is it creates a larger environment.”

“Pulling back is only going to position your firm as being run by people that don’t care about this kind of stuff,” she said. “They don’t care about their employees. They don’t care about reaching people outside of the majority of firm employees.”

The upsides of DEI

Leaders say DEI is an obvious solution to the profession’s pipeline problem. With fewer students studying accounting, fewer earning their CPA and even fewer staying in the profession until they make partner, firms need to improve both recruiting and retention. 

“When people say they can’t find talent, I’m like, ‘Where are you looking? Who are you bringing? Who are you asking?'” Ellison-Taylor said. “To some degree, it takes diverse talent to help locate diverse talent.”

Trevor Williams, audit partner and director of DEI at GRF CPAs in Bethesda, Maryland, said firm leadership is mistaken “if you don’t think your employees want to see the staff be diverse.”

“In order for DEI to be successful, there has to be a tone at the top, not just one person in leadership,” Williams added. “In order for staff to really have buy-in, they need to see that their leaders are actually bought into the various initiatives or the culture of the firm.”

“Organizations and firms do their due diligence and go through the interviewing processes, so please believe that these candidates are doing the same,” Williams said. “It’s very easy to go on your firm’s website and do a dropdown and see what leadership looks like, and if the leadership doesn’t look like that particular ethnic group, they’re not going to be that eager to join the firm.” 

The importance of diverse leadership cannot be overstated. Women, for instance, have consistently comprised just over half of all firm employees but often drop from the partner pipeline at the senior management level. This year, women comprised 35% of partners and principals, and 35% of management committees, according to the 2024 Accounting MOVE Project report

DEI is important to retaining young talent, too. For the next generation of accountants, seeing a diverse workforce when they walk through the doors is an important factor in convincing them to stay.

“Gen Z, the 20-year-olds that are popping up in the workplace today, they simply do not understand why there is even a problem,” Wiley said. “And what they really don’t understand is when they walk into the workforce, and it is completely different from what they have felt and seen and experienced in their life outside of the firm. So they go to college, or they go to school, or they go to networking events with their friends and they see a ton of diversity, and then they walk into a firm and it looks whitewashed, and they don’t get it.”

“I don’t understand why firms aren’t looking through that lens and seeing what the young people are seeing today. And so unless we change that, we are not going to retain,” Wiley continued. “They are going to leave in mass numbers, which is what’s happening right now.”

Research shows that DEI impacts the bottom line. Companies in the the top quartile for gender diversity on executive teams are 25% more likely to have above-average profitability than companies in the bottom quartile, and companies in the top quartile for ethnic and cultural diversity outperformed by 35% in profitability, according to a McKinsey report.

To break it down, retaining a diverse workforce can increase innovation and collaboration. 

“It’s really important, I believe, to have different perspectives at the table in the conversations,” said Lexy Kessler, vice chair of the AICPA and mid-Atlantic managing partner of Top 100 Firm Aprio. “If everybody has the same opinion, you’re not going to get the right answer. If you have people with different opinions and different backgrounds coming into conversation, then you get to the right answer.”

Kessler pointed to the cost of employee turnover. The cost of replacing an individual employee ranges from one-half to two times the employees’ annual salary, according to Gallup research

Client engagement is also a factor. “From a public accounting perspective, and I would think from a business and industry perspective as well, your investors, your clients, the business community, are diverse,” said Kessler. “If they see somebody that looks like you, there’s a connection.”

What’s in a name?

Some firms are dropping the name “DEI” in favor of using less politicized language such as culture, inclusion, wellbeing and belonging. They’re also emphasizing the human aspect of these efforts with terms like “people-centered” and “human-centered” leadership.

“By and large, many of the firms, I think, are standing on their values, standing on what means the most to their firm, and they’re sticking to it,” Ellison-Taylor said. “They may be calling it something different, but they are still doing the work, and I think that’s the most important part.”

“This is not a political issue,” Buol Ruszczyk said. “This is about people and about creating systems and situations where people are treated fairly.”

“You have to make it happen,” warned Mehta. “You can’t wait and hope for the best. You have to put processes in place, and you have to be intentional about it.”

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Denmark targets investors tied to Sanjay Shah at US tax fraud trial

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Weeks after Danish judges sentenced hedge fund trader Sanjay Shah to 12 years in prison, the country’s lawyers turned to a U.S. court in a bid to recoup about $500 million lost in the Cum-Ex tax dividend scandal.

Lawyers for the Nordic country told a New York jury that a group of US investors helped Shah steal from the Danish treasury by filing 1,200 fraudulent requests for tax rebates on dividends.

“This case is about greed and theft,” Marc A. Weinstein, a lawyer for the Danish tax authority, said during opening statements at a civil trial that started this week in federal court in New York. “They lined their own pockets, the pockets of their friends and families and the pockets of their coconspirators with the funds they stole from Denmark.”

Shah, who was sentenced to prison last month for orchestrating a scheme that netted 9 billion kroner ($1.24 billion) through thousands of sham dividend tax refund applications, has become the public face of the Cum-Ex tax scandal that has engulfed bankers and lawyers in several European countries. Three people have been convicted of Cum-Ex related crimes in Denmark, and about 20 in Germany.

Cum-Ex was a controversial trading strategy designed to obtain duplicate refunds by taking advantage of how dividend taxes were collected and regulated a decade ago. Germany is looking at about 1,800 suspects from across the global financial industry in probes linked to the practice.

Denmark’s Customs and Tax Administration, also known as SKAT, has been pursuing traders and businesses around the world in a bid to claw back the billions it says it lost through trading schemes spearheaded by Shah. The case is the first to go to trial in the U.S. over Cum-Ex fraud linked to the hedge fund founder.

But a lawyer for two of the investors, Richard Markowitz, and his wife, Jocelyn Markowitz, told the jury that SKAT allowed Cum-Ex transactions to flourish for years before trying to stop the practice. He compared the tax agency to the town officials in the movie Jaws who were so focused on the tourist trade that they “didn’t do anything until the bodies started piling up.”

“Rich and Jocelyn did not do anything wrong. They didn’t lie, they didn’t cheat,” said Peter Neiman, a lawyer for the couple, during his opening arguments. “SKAT was not careful.” 

Shah was a suspect in probes in both Denmark and Germany. German prosecutors also accused him of routing Cum-Ex deals through the U.S., saying in one indictment that he used a Jewish school in Queens to execute trades totaling €920 million euros ($948 million) as part of a plan to deceive tax authorities.

Shah, the founder of Solo Capital, became the most prominent figure of the Cum-Ex scandal after a 2020 Bloomberg TV interview where he said that “bankers don’t have morals” and expressed no remorse for taking advantage of what he said were loopholes in some countries’ tax codes.

Denmark says that Richard Markowitz, John van Merkensteijn and two of their partners at a New York financial services firm, Argre Management, were recruited by Shah to take part in the scheme in 2012. Pension plans created by Argre became customers of Shah’s hedge fund, which served as the purported custodian of Argre’s Danish shares, and issued fraudulent statements for a rebate on dividend taxes that were withheld.

The plans, including ones established by their wives, Jocelyn Markowitz and Elizabeth van Merkensteijn, later submitted those statements as proof that the company was entitled to the refunds, the Danish tax agency says.

SKAT has sued approximately 260 pension plans and individuals in the U.S. over Cum-Ex. The country has also filed civil cases seeking to claw back Cum-Ex funds in other countries. A trial in London wrapped up last month where SKAT is suing dozens of traders and businesses. 

If Neiman agreed with the Danish tax agency on anything, it was that Shah was the real villain. He said that Markowitz and Van Merkensteijn, “honestly and in good faith” entered into what they believed were legitimate dividend arbitrage transactions, first in Germany, later in Belgium and then in Denmark, only to find out that Shah had deceived them.

“It was only years later that they found out that Sanjay Shah had at some point stopped doing what he had promised and had begun to lie to them over and over and over again,” he said.

“The blame here lies with Sanjay Shah and Solo,” said Sharon McCarthy, a lawyer for the van Merkensteijns.

The case is In Re: Customs and Tax Administration of the Kingdom of Denmark (Skatteforvaltningen) Tax Refund Scheme Litigation, 18-md-2865, U.S. District Court, Southern District of New York. 

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Tech roundup: Intuit guarantees tax refunds 5 Days early into any bank account

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Intuit guarantees tax refunds 5 Days early into any bank account; IRIS beefs up Firm Management solution, customer success function; and other accounting tech news and updates.

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Ex-Credit Suisse client charged by US amid tax evasion probe

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A former Credit Suisse Group AG client was charged with a tax-evasion conspiracy in the U.S. as officials weigh whether the bank — now owned by UBS Group AG — breached a 2014 plea deal in which it paid $2.6 billion and admitted helping thousands of Americans evade taxes.

Gilda Rosenberg, a Florida businesswoman, conspired with two family members in hiding $90 million in assets from the Internal Revenue Service between 2010 and 2017, federal prosecutors charged Wednesday. She’s accused of acting to conceal money in undeclared foreign accounts while also filing false returns and evading taxes on unreported income. 

The extent to which Credit Suisse complied with its plea deal took on new focus after a 2023 Senate Finance Committee report said there were “major violations” of its agreement that requires the bank to identify undeclared U.S. accounts to the IRS. In the report, Democratic staff on the committee said the bank had still failed to fully disclose US assets despite having identified “thousands of previously undeclared accounts” valued at more than $1.3 billion. 

In response to the report, Credit Suisse said it was cooperating and had provided information to U.S. authorities on potentially undeclared accounts held by American clients.

A spokesman for UBS declined to comment Thursday on the case against Rosenberg. An attorney for Rosenberg declined to comment.   

Telling the IRS

The 2023 report doesn’t name the Rosenbergs but describes how the bank allegedly helped a family of dual citizens of the U.S. and Latin American country evade taxes. Whistleblowers told the committee the family members held nearly $100 million at Credit Suisse for a decade before transferring those assets to other banks without telling the IRS. 

The charge against Rosenberg doesn’t identify Credit Suisse, but refer to the same allegations described in the Senate report, according to people familiar with the matter. U.S. authorities are weighing whether the Swiss bank breached the terms of its 2014 deal, said the people, who asked not to be identified discussing internal discussions.

UBS said in its third-quarter report that it had a provision for potential costs tied to inquiries into its cross-border wealth management services, including Credit Suisse’s compliance with the 2014 plea deal. It didn’t disclose an amount for the provision.

UBS could announce a settlement with prosecutors for violating terms of the 2014 deal as soon as this week, the Wall Street Journal reported on Thursday. The bank could agree to pay at least hundreds of millions of dollars, according to the report. The UBS spokesperson declined to comment on a possible settlement. 

Under its plea agreement with the U.S., Credit Suisse had to disclose all undeclared U.S. accounts closed and transferred from 2008 to 2014. Disclosing those account holders, known as “leaver lists,” was a U.S. requirement for Credit Suisse, several other Swiss banks that faced criminal charges, and 80 Swiss banks that made deals to avoid prosecution.

At the time of the report in 2023, Senator Ron Wyden, the Oregon Democrat who chairs the committee, slammed “greedy Swiss bankers” who appeared to be engaged in a “massive, ongoing conspiracy to help ultra-wealthy U.S. citizens to evade taxes.”

The report was released around the same time that Credit Suisse was being sold to rival UBS in a 3 billion franc ($3.3 billion) deal brokered by the Swiss government after years of scandal and mismanagement. 

‘Donate’ assets

Gilda Rosenberg was charged in a so-called criminal information. In a separate case last year, she pleaded guilty in Texas to conspiracy to commit wire fraud involving a Miami vending machine company she owns. She is scheduled to be sentenced on April 30. 

Rosenberg, a U.S. citizen, was born in Colombia and lives in south Florida, according to the tax charge. She conspired with two family members also born in Colombia, the U.S. alleges. They hid money in accounts in Switzerland, Spain, Israel and Andorra, prosecutors charged. 

Rosenberg and one relative agreed to sign documents purporting to “donate” assets in undeclared accounts to the other relative, the U.S. alleges. She also caused her return preparer to underreport income to the IRS and falsely say she had no interest in a foreign financial account, according to the charge.  

Since the bank’s 2014 guilty plea, other U.S. clients of Credit Suisse have been charged in tax cases. In 2016, Dan Horsky pleaded guilty to hiding more than $200 million in assets from the IRS. A Brazilian-American businessman, Dan Rotta, was indicted last year for allegedly using Credit Suisse, UBS and other Swiss banks to hide more than $20 million in assets from U.S. tax authorities over 35 years.

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