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UBS faces French criminal trial for harassing whistleblowers

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UBS Group AG stood trial in Paris accused of harassing a pair of whistleblowers who lifted the lid on the bank’s efforts to help wealthy French dodge taxes.

In a saga that’s dragged on for more than 15 years, a French unit of the Swiss lender is accused of sidelining and slashing the bonus of former auditor Nicolas Forissier, who was penning a report that pointed to potentially unlawful behavior. 

It’s also accused of penalizing Stéphanie Gibaud, who helped authorities spy on clients at an event organized around the 2011 Roland-Garros tennis tournament.

As the trial opened on Tuesday, a representative for UBS took the stand to make a brief statement and deny any wrongdoing. Régis Turrini — currently chairman of the French branch — claimed that the “catastrophic” situation due to the financial crisis of 2007-2008 largely explains management decisions concerning Forissier.

For UBS, this month’s Paris trial comes on top of a conviction for money laundering as part of a separate prosecution effort that stemmed in part from the Forissier report. That case isn’t entirely finished for the Swiss bank after France’s top court confirmed its guilt but said a €1.8 billion ($1.9 billion) penalty UBS had received should be reexamined, opening the door to a possible cut.

Turrini should take the stand again on Wednesday for questioning from the judges. He wasn’t at the bank at the time of the allegations. Beyond a maximum €75,000 ($78,941) fine for harassment, UBS France may risk a possible ban if the court convicts the branch for unfairly treating the two.

On Tuesday, Forissier dismissed the notion that the difficult economic situation of UBS France — as it was called at the time — had anything to do with the bank’s behavior toward him.

He told Paris judges that UBS’s financial woes, which led to a Swiss bailout, were due to “huge mistakes” from the investment banking arm. “The wealth management side was making money and profitable globally,” he said.

In the Gibaud part of this month’s trial, the French branch of UBS Europe is accused of reducing the scope of her tasks as well as giving her a bad evaluation.

For years now, Gibaud, whose job entailed organizing events for wealthy clients, has been seeking recognition and reward from the government. She has received very little and in 2022 a court ruled that her disclosures to French tax officials weren’t strong enough to warrant a big payout.

In June, Forissier was decorated during a ceremony after President Emmanuel Macron awarded him a medal of merit.

During the Paris trial, the judges will also examine a further allegation that UBS’s French unit sought to silence Forissier by tying severance pay to his signing of a confidentiality clause. Turrini also denied any such pressure — which is also punishable by a fine — was applied on the French unit’s former audit manager.

The UBS France trial is due to last until mid next week, with a ruling expected several months later.

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Accounting

Small businesses saw modest growth in jobs and pay in November

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Small business jobs growth remained steady in November, while workers’ wages grew only slightly, payroll provider Paychex reported Tuesday.

The Paychex Small Business Employment Watch found hourly earnings growth of 2.97% and weekly earnings growth of 2.84% for workers. Job growth occurred in the areas in the Southeast affected by recent Hurricanes Helene and Milton. Construction job growth in Florida increased 2.55 percentage points to an index level of 99.95. Weekly hours worked in North Carolina (-0.81%) were down in November, but one-month annualized growth rebounded among sectors following Hurricane Helene.

“The states that were impacted by the hurricanes took a pretty big dip right after that happened,” said Frank Fiorille, vice president of risk, compliance and data analytics at Paychex. “But that’s usually the case that we’ve seen for many of these sorts of events that it bounces right back quickly.”

Paychex office

Texas gained 1.22 percentage points as its jobs index climbed to 101.60, which led states for job growth in November. Dallas (101.07) and Houston (100.94) ranked first and second, respectively, among top U.S. metros for job growth in November.

The Midwest (100.62) remained the top region for small business employment growth for the sixth consecutive month.

Hourly earnings growth in Tennessee (3.98%) ranked first among states in November, marking the first time Tennessee has ranked first since reporting began more than 10 years ago.

Probably due to workforce composition changes due to recent hurricanes, Tampa (4.84%) jumped to No. 1 among the top U.S. metropolitan areas for hourly earnings growth in November.

“If you look at the sectors, the leisure and hospitality sector is the softest,” said Fiorille. “The construction and professional business discipline was up the most this past month. Wages are still under that 3% number. We haven’t seen much of a jump on that.”

Paychex has also been tracking numbers for workers who switched jobs or stayed at their jobs. It saw a large jump in pay for those who switched jobs early in the pandemic, but the differences in pay compared to those who remained at their jobs have narrowed in recent years. 

“Especially during COVID, when the labor market was really tight, it was a pretty big gap,” said Fiorille. “People who switched jobs were seeing a pretty big increase in wages. We’re seeing that really compressed to where now there’s almost not much of a gap at all, which validates that the labor market, while still being strong, has definitely cooled a little bit from the last few years.”

He thinks accountants should keep their small business clients informed about the possible tax changes that may occur next year when the Trump administration takes office in Washington. Other important topics include artificial intelligence, privacy and beneficial ownership information reporting.

Small businesses should also be aware that the Biden administration’s expanded overtime rule was struck down in a federal court in Texas in November. The rule would have made an estimated 4 million more people eligible for overtime pay, but the judge ruled that it improperly made overtime dependent on their wages and not their job duties.

Under the rule, starting Jan. 1, 2025, most salaried workers who make under $1,128 per week, or $58,656 per year, would become eligible for overtime pay. The rule temporarily raised the threshold on July 1, 2024 to salaried workers who earn under $844 per week, or $43,888 per year. Overtime pay will now revert to the old level of $684 per week, or $35,568 per year, which was set in 2019 under the first Trump administration after another federal judge struck down a more expansive rule from the Obama administration.

The Department of Labor is appealing the judge’s decision, but it will be up to the incoming Trump administration and its nominee for Secretary of Labor to decide whether to continue to appeal or to set another overtime rule. 

“It does really impact a lot of businesses,” said Fiorille. “We’ll see what happens.”

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Accounting

PCAOB sanctions Weinstein International CPA for audit, quality control violations

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The Public Company Accounting Oversight Board today announced it settled a disciplinary order sanctioning Weinstein International CPA and its sole partner, Idan Weinstein, for audit and quality control failures.

The PCAOB found that during three different audits, the firm and Weinstein committed multiple violations, including failing to obtain sufficient audit evidence, exercise due professional care and professional skepticism, and resolve inconsistencies with respect to related party transactions, intangible assets and cash balances. 

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“To protect investors, the PCAOB will not hesitate to take enforcement action against auditors who fail to perform audits in accordance with PCAOB rules and standards,” PCAOB chair Erica Williams said in a statement.

The firm also failed to establish, implement and monitor adequate quality control policies and procedures to ensure firm personnel would comply with professional standards. Weinstein, as the firm’s owner, directly and substantially contributed to the violations. 

“This case highlights the PCAOB’s continued commitment to hold auditors accountable for failures to approach their audits with due professional care and professional skepticism, particularly when the failures involve multiple audits and inconsistent audit evidence,” Robert Rice, director of the PCAOB’s Division of Enforcement and Investigations, said in a statement.

The sanction is the latest in a long line of increased enforcement efforts by the PCAOB, including sanctioning five firms for reporting violations last month. In September, it settled sanctions against four firms for failing to make required communications with audit committees, as well as one firm for violating reporting requirements. The board previously sanctioned Baker Tilly, Grant Thornton Bharat, Mazars and SW Audit in February, as well as three firms in November 2023 and five firms in July 2023.

Without admitting or denying the findings, the firm and Weinstein consented to the disciplinary order, which:

  • Censures them;
  • Bars Weinstein from being an associated person of a registered public accounting firm, with a right to petition to re-associate after three years;
  • Revokes the firm’s registration, with a right to apply to re-register after three years; and, 
  • Requires the firm to review and certify its quality control policies prior to submitting any future registration application.

The PCAOB would have imposed a joint and civil money penalty of $75,000 but did not do so after considering the firm and Weinstein’s financial resources. 

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Accounting

M&A roundup: SolomonEdwards, LGA and Barsz Gowie Amon & Fultz expand

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Barsz Gowie Amon & Fultz LLC, based in Media, Pennsylvania, merged in William E. Howe & Co., effective Dec. 2, 2024. 

Both firms are based in Delaware County, Pennsylvania. The combined firm will include three partners and 70 staff members (58 from BGA&F and 12 from Howe). Financial terms were not disclosed, but after the combination, BGA&F expects to earn over $12 million annually. The deal was arranged by Ira Rosenbloom, chief operating executive of Optimum Strategies.

William E. Howe & Co. has been in business for over 100 years, offering accounting, audit, tax planning and compliance, and advisory services. BGA&F specializes in clients from the real estate industry, medical and dental practices, hospitality and manufacturing businesses. BGA&F dates back to 2017 when Pennsylvania accounting firms Steger Gowie & Co. and Merves Amon & Barsz merged.

“We’re excited to welcome William E. Howe & Co. into the BGA&F family,” said BGA&F ., managing partner William B. Gowie Jr., in a statement. “The merger is a strategic step that enhances our ability to provide comprehensive accounting and advisory services to a broader client base. Together, we are well-positioned to deliver innovative solutions while maintaining the integrity and client-focused approach that have defined both firms.”

The Media office of William E. Howe & Co. will become a BGA&F location, operating under the Barsz Gowie Amon & Fultz name until the lease expires in September 2025. At that time, the office will consolidate with BGA&F’s offices. In addition to Media, BGA&F also has offices in Chadds Ford, Pennsylvania.

“We are proud of the legacy we’ve built at William E. Howe & Co.,” said Herbert I. Berkowitz, CPA, managing partner of William E. Howe & Co., in a statement Tuesday. “This merger allows us to continue that tradition while offering our clients expanded capabilities and resources. We’re confident that our combined expertise and shared commitment to quality will drive even greater success for our clients.”

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