Residents at 305 E. 86th St. are pretty lucky.
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As Investigation Concludes, Allegations Against KB Home Remain Anyone’s Guess
- GoingConcern
- September 2, 2010
This story is republished from CFOZone, where you’ll find news, analysis and professional networking tools for finance executives.
Finally some good news for KB Home.
The homebuilder said the Securities and Exchange Commission has concluded its investigation into the company’s accounting and disclosures and does not plan to recommend any enforcement action. The letter from the regulator concludes the SEC’s investigation, which began in October 2009.
“We are pleased to announce that the SEC has concluded its investigation,” said Jeffrey Mezger, president and chief executive officer of KB Home, in a statement.
There are no details about the nature of the allegations.
Same was true in October 2009 when the company first announced in its quarterly report that the staff of the SEC notified the company that a formal order of investigation had been issued regarding possible accounting and disclosure issues. At the time, it stressed that the probe should not be construed as an indication by the SEC that there has been any violation of the federal securities laws.
And this is exactly how it turned out.
What were the allegations? What prompted the SEC to look into the matter? Was it a disgruntled whistle-blower?
The answers would be instructive to other companies that could wind up as targets of SEC probes. Guess we’ll never know.
The good news here is that the SEC informed the company that the investigation was closed. Sounds basic, right?
Believe it or not until a few years ago the regulator did not often communicate to companies under investigation that the probe was completed and that no further action would be taken, leaving the company hanging and suspicion hovering for all potential customers and investors to speculate.
Their attitude at the time was that as a policy, the Commission does not disclose the existence of an investigation in the first place, so it typically won’t announce that one has ended.
KB Home, however, is no stranger to controversy.
The company was embroiled in the options backdating scandal. In April, former chief executive officer Bruce Karatz was convicted by a federal jury of four felony counts, including two counts of mail fraud, one count of lying to company accountants and one count of making false statements in reports to the Securities and Exchange Commission. He was acquitted on 16 other charges.
In September 2008, Karatz agreed to pay $7.2 million to settle civil charges for his role in the stock-option backdating scheme that benefitted himself and other KB Home officers and employees.
Last November, a Texas homeowner filed a class-action lawsuit today against KB Home, Countrywide Financial and LandSafe Appraisal Services, claiming the three conspired to rig housing prices in Texas and Colorado, costing home purchasers millions of dollars and pushing homeowners into dangerous loans.
Earlier, a lawsuit filed against the same parties alleged they fraudulently inflated sales prices of KB homes in Arizona and Nevada.
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(UPDATE) Will the Herz and Tweedie Retirements Put the Kibosh on Convergence?
- Caleb Newquist
- August 25, 2010
~ Update includes comment from IFAC President Robert Bunting of Moss Adams
Maybe! After all, anything’s possible. The Herz retirement wasn’t exactly expected but since Roberto had two years left in his terms but it’s been suggested that it’s been a rough two years since Barney Frank gave him the tongue lashing of his life over the whole mark-to-market thing.
Regardless, The Journal put it out there that the timing of Herz’s departure causes hella handwringing, most notably on the convergence efforts:
FASB will now have to replace Mr. Herz at the same time that the IASB is already cessor to its chairman, David Tweedie, whose terms expires in June 2011. This means that both bodies will have new heads as they enter what could prove to be the end game for the often-thorny process of converging two accounting standards.
This, of course, causes the U.S. GAAP Hawks to squeal with glee and those in pro-IFRS camp to get anxious and will likely lead to heavy lobbying for a replacement that will keep Tweeds dream alive for “one high quality set of global standards” or whatever they’re calling it these days.
Despite the Journal’s anxiety, International Federation of Accountants President Bob Bunting sees the change as an opportunity and things will continue to progress, “While the changes of leadership at the FASB and the IASB offer the opportunity for a fresh look at the convergence process, I would be surprised if any radical change in direction occurs,” Mr Bunting wrote in an email to GC, “The financial market forces and public interest arguments for convergence of the two standards, and possible eventual adoption of IFRS as a single standard continue to be very strong.”
However, since the FASB is expanding back to seven members, that will likely slow the process down (which makes some people happy) even further, especially with empty seats at the table:
The lack of a full board is likely to slow many of FASB’s projects, particularly the move to converge with international rules, said former FASB Chairman Dennis Beresford. “They’re not going to issue anything important on the basis of having only four board members,” he said, adding that Mr. Herz’s departure came as “a complete surprise.”
So, with those seeds of doubt planted, let’s put it to a vote.
Early Exit of FASB Chairman Raises Anxiety [WSJ]