Ex Saturn dealer suing Deloitte....................

Started by 12,000 RPM, June 09, 2015, 01:59:56 PM

12,000 RPM

http://www.autonews.com/article/20150608/LEGALFILE/306089974/saturn-was-a-loser-for-years-but-who-knew

Too long to copy but it's an interesting read. Basically dude is saying Deloitte's shitty auditing/reporting failed to disclose the blatant problems at Saturn, and he used their report to invest in more Saturn dealerships.... but as the ATS and other GM debacles demonstrate consultants are not infallible.
Protecctor of the Atmospheric Engine #TheyLiedToUs

SJ_GTI

Okay this...

Quote...a different kind of lawsuit...

...was a good line.  :lol:

ifcar

I'll be interested in seeing how this goes. The story is by nature one-sided at this point because one party has made all its filings and the company hasn't filed its defense and isn't speaking on the record yet.

TBR

Quote from: 12,000 RPM on June 09, 2015, 01:59:56 PM
http://www.autonews.com/article/20150608/LEGALFILE/306089974/saturn-was-a-loser-for-years-but-who-knew

Too long to copy but it's an interesting read. Basically dude is saying Deloitte's shitty auditing/reporting failed to disclose the blatant problems at Saturn, and he used their report to invest in more Saturn dealerships.... but as the ATS and other GM debacles demonstrate consultants are not infallible.

Auditors are not the same thing as consultants.

Galaxy

#4
Quote from: TBR on June 10, 2015, 07:22:07 AM
Auditors are not the same thing as consultants.

In Deloittes case it can be. One of the criticisms thrown at the firm.

TBR

Quote from: Galaxy on June 10, 2015, 09:48:07 AM
In Deloittes case it can be. One of the criticisms thrown at the firm.

Deloitte (as well as, to a lesser extent, PWC, KPMG, EY, and even non-Big 4 accounting firms) as a firm can be both an auditor and a consultant, but individuals within the firm aren't going to do both. At least that's how it is in the US after Enron and Sox.

Galaxy

Quote from: TBR on June 10, 2015, 09:55:28 AM
Deloitte (as well as, to a lesser extent, PWC, KPMG, EY, and even non-Big 4 accounting firms) as a firm can be both an auditor and a consultant, but individuals within the firm aren't going to do both. At least that's how it is in the US after Enron and Sox.

PWC, KPMG, and EY sold their consulting business after Enron. Deloitte did not.

TBR

Quote from: Galaxy on June 10, 2015, 10:12:36 AM
PWC, KPMG, and EY sold their consulting business after Enron. Deloitte did not.

They built them back up. PWC also just bought the 300 partner Booz & Co and moronically renamed it "Strategy&".

Just due to the maturity of the practices, Deloitte (and PWC now with the Booz acquisition) does more strategy and large transformation work, but KPMG and EY definitely do non-accounting work, mostly IT related.

Laconian

Strategy&? That contrived marketese name makes me see red.
Kia EV6 GT-Line / MX-5 RF 6MT

Galaxy


TBR

Quote from: Laconian on June 10, 2015, 11:02:28 AM
Strategy&? That contrived marketese name makes me see red.

They contractually had to rename it (Booz&Co split from Booz Allen Hamilton), but hard to imagine coming up with something worse. Although, when PWC was going to spin off their consulting practice in the wake of Enron, they were going to name it "Monday". Instead, thankfully, IBM bought it.

TBR

Quote from: Galaxy on June 10, 2015, 11:16:52 AM
Hmm, not sure if that is good news....  :hmm:

Good news for Big 4 partners. Not sure it's good news broadly though.

Although I would think there could be sufficient controls in place to limit the risk. My understanding is that, in the Big 4, partners pretty much have their own P&L so as long as there isn't direct sharing of revenue between audit and advisory partners there shouldn't be conflicts. There are also limits to the type of advisory work they can do for audit clients. For example, I interned in KPMG's advisory business, and my client for the summer was not an audit client.

Xer0

I'm not sure I get exactly what they are suing over.  An unqualified opinion doesn't exactly mean that the firm is doing well, it just means that the financial statements are presented fairly and accurately.  Was going concern ever mentioned?  Besides that, Saturn was part of a larger GM audit I'm sure and presented as a segment of GM as a whole.  Depending on how large of a segment Saturn was, it was probably bunched together with other parts of the company.  Without actually looking at the 10K and the disclosures, I think this might be a little overblown.

Soup DeVille

If the auditor claimed the reports were accurate when they were not...

Still,
It seems unlikely in the post Sarbanes-Oxley world.
Maybe we need to start off small. I mean, they don't let you fuck the glumpers at Glumpees without a level 4 FuckPass, do they?

1975 Honda CB750, 1986 Rebel Rascal (sailing dinghy), 2015 Mini Cooper, 2020 Winnebago 31H (E450), 2021 Toyota 4Runner, 2022 Lincoln Aviator

TBR

Quote from: Xer0 on June 10, 2015, 03:31:30 PM
I'm not sure I get exactly what they are suing over.  An unqualified opinion doesn't exactly mean that the firm is doing well, it just means that the financial statements are presented fairly and accurately.  Was going concern ever mentioned?  Besides that, Saturn was part of a larger GM audit I'm sure and presented as a segment of GM as a whole.  Depending on how large of a segment Saturn was, it was probably bunched together with other parts of the company.  Without actually looking at the 10K and the disclosures, I think this might be a little overblown.

I would be shocked if they were segmented out on the 10k. Maybe would have some blurbs about the business, but I can't imagine having full financials for what had to have been <5% of the company. They were probably just segmented into US vs not.

Soup DeVille

There's also the very real possibility that the dealer does not understand the audit, or the specific purpose of it, and is ascribing to it meanings which were never intended.
Maybe we need to start off small. I mean, they don't let you fuck the glumpers at Glumpees without a level 4 FuckPass, do they?

1975 Honda CB750, 1986 Rebel Rascal (sailing dinghy), 2015 Mini Cooper, 2020 Winnebago 31H (E450), 2021 Toyota 4Runner, 2022 Lincoln Aviator

Xer0

Quote from: TBR on June 10, 2015, 04:10:49 PM
I would be shocked if they were segmented out on the 10k. Maybe would have some blurbs about the business, but I can't imagine having full financials for what had to have been <5% of the company. They were probably just segmented into US vs not.

Looking over the 2005 10K, Saturn was mentioned all of 8 times and was part of GMNA.  GM's segments are auto (GMNA being one of them along with 3 more) and financing.  So you're hypothesis was right on.

Quote from: Soup DeVille on June 10, 2015, 04:13:25 PM
There's also the very real possibility that the dealer does not understand the audit, or the specific purpose of it, and is ascribing to it meanings which were never intended.

A very real possibility.

12,000 RPM

Quote from: Soup DeVille on June 10, 2015, 04:13:25 PM
There's also the very real possibility that the dealer does not understand the audit, or the specific purpose of it, and is ascribing to it meanings which were never intended.
I readily acknowledge that possibility. Dealer should have gone to more than one source to make a decision.
Protecctor of the Atmospheric Engine #TheyLiedToUs

Cookie Monster

Quote from: Galaxy on June 10, 2015, 10:12:36 AM
PWC, KPMG, and EY sold their consulting business after Enron. Deloitte did not.

Hey! I work in consulting at EY! :rage:

:lol:
RWD > FWD
President of the "I survived the Volvo S80 Thread" Club
2007 Mazda MX-5 | 1999 Honda Nighthawk 750 | 1989 Volvo 240 | 1991 Toyota 4Runner | 2006 Honda CBR600F4i | 2015 Yamaha FJ-09 | 1999 Honda CBR600F4 | 2009 Yamaha WR250X | 1985 Mazda RX-7 | 2000 Yamaha YZ426F | 2006 Yamaha FZ1 | 2002 Honda CBR954RR | 1996 Subaru Outback | 2018 Subaru Crosstrek | 1986 Toyota MR2
Quote from: 68_427 on November 27, 2016, 07:43:14 AM
Or order from fortune auto and when lyft rider asks why your car feels bumpy you can show them the dyno curve
1 3 5
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2 4 R

SJ_GTI

Quote from: Soup DeVille on June 10, 2015, 03:55:12 PM
If the auditor claimed the reports were accurate when they were not...

Still,
It seems unlikely in the post Sarbanes-Oxley world.

If I understood correctly, Saturn Corporation was a wholly owned subsidiary of GMNA. Saturn Corporation itself owned a subsidiary named Saturn Distribution Corporation, which had no employees or physical operations, but apparently did make a profit...somehow (I assume by purchasing cars from Saturn Corporation and then selling those cars to the dealers). In Saturn's franchising solicitations they claimed that Saturn Distribution Corporation was profitable (while noting in the fine print that Saturn Distribution Corporation was a wholly own subsidiary of Saturn Corporation), which appears to have been an intentional "sleight of hand" to give potential franchisee's the impression that the company was doing well, even though it was not.

I auditors signed off on this practice I can see why they might be liable. While there are lots of rules and stuff in USGAAP, at the end of the day the goal of financial reporting is to give current and potential stakeholders of the company an accurate view of the company.

AutobahnSHO

I know nothing about finance/companies but I assume it's always a shellgame of trying to make money and hide it or tell people you're making more than you are and/or shifting blame/loss.....
Will

SJ_GTI

Quote from: AutobahnSHO on June 11, 2015, 07:19:38 AM
I know nothing about finance/companies but I assume it's always a shellgame of trying to make money and hide it or tell people you're making more than you are and/or shifting blame/loss.....

Not anywhere I have ever worked.  :huh: We try to report as accurately as possible on a timely basis. I have seen some struggling divisions try to hide losses, but you can only do that for a relatively short time (few months to a year) before it becomes obvious to anyone paying attention.

Cookie Monster

Quote from: AutobahnSHO on June 11, 2015, 07:19:38 AM
I know nothing about finance/companies but I assume it's always a shellgame of trying to make money and hide it or tell people you're making more than you are and/or shifting blame/loss.....

lol the PCAOB and other organizations make it their job to make our jobs a living hell in order to ensure that kind of stuff doesn't happen.
RWD > FWD
President of the "I survived the Volvo S80 Thread" Club
2007 Mazda MX-5 | 1999 Honda Nighthawk 750 | 1989 Volvo 240 | 1991 Toyota 4Runner | 2006 Honda CBR600F4i | 2015 Yamaha FJ-09 | 1999 Honda CBR600F4 | 2009 Yamaha WR250X | 1985 Mazda RX-7 | 2000 Yamaha YZ426F | 2006 Yamaha FZ1 | 2002 Honda CBR954RR | 1996 Subaru Outback | 2018 Subaru Crosstrek | 1986 Toyota MR2
Quote from: 68_427 on November 27, 2016, 07:43:14 AM
Or order from fortune auto and when lyft rider asks why your car feels bumpy you can show them the dyno curve
1 3 5
├┼┤
2 4 R

Xer0

Quote from: thecarnut on June 11, 2015, 10:01:45 AM
lol the PCAOB and other organizations make it their job to make our jobs a living hell in order to ensure that kind of stuff doesn't happen.

And then you guys make our jobs a living hell to make sure that our shit is in place lol.

AutobahnSHO

Quote from: SJ_GTI on June 11, 2015, 08:15:10 AM
you can only do that for a relatively short time (few months to a year) before it becomes obvious to anyone paying attention.

So then whoever does the hiding steps in....   :winkguy:

How did Enron go down??
Will

Cookie Monster

Quote from: AutobahnSHO on June 11, 2015, 12:40:20 PM
So then whoever does the hiding steps in....   :winkguy:

How did Enron go down??

Enron was a long time ago. Why do you think Sarbanes-Oxley was passed?
RWD > FWD
President of the "I survived the Volvo S80 Thread" Club
2007 Mazda MX-5 | 1999 Honda Nighthawk 750 | 1989 Volvo 240 | 1991 Toyota 4Runner | 2006 Honda CBR600F4i | 2015 Yamaha FJ-09 | 1999 Honda CBR600F4 | 2009 Yamaha WR250X | 1985 Mazda RX-7 | 2000 Yamaha YZ426F | 2006 Yamaha FZ1 | 2002 Honda CBR954RR | 1996 Subaru Outback | 2018 Subaru Crosstrek | 1986 Toyota MR2
Quote from: 68_427 on November 27, 2016, 07:43:14 AM
Or order from fortune auto and when lyft rider asks why your car feels bumpy you can show them the dyno curve
1 3 5
├┼┤
2 4 R

Cookie Monster

Quote from: Xer0 on June 11, 2015, 10:44:14 AM
And then you guys make our jobs a living hell to make sure that our shit is in place lol.

What do you do?
RWD > FWD
President of the "I survived the Volvo S80 Thread" Club
2007 Mazda MX-5 | 1999 Honda Nighthawk 750 | 1989 Volvo 240 | 1991 Toyota 4Runner | 2006 Honda CBR600F4i | 2015 Yamaha FJ-09 | 1999 Honda CBR600F4 | 2009 Yamaha WR250X | 1985 Mazda RX-7 | 2000 Yamaha YZ426F | 2006 Yamaha FZ1 | 2002 Honda CBR954RR | 1996 Subaru Outback | 2018 Subaru Crosstrek | 1986 Toyota MR2
Quote from: 68_427 on November 27, 2016, 07:43:14 AM
Or order from fortune auto and when lyft rider asks why your car feels bumpy you can show them the dyno curve
1 3 5
├┼┤
2 4 R

SJ_GTI

Quote from: AutobahnSHO on June 11, 2015, 12:40:20 PM
So then whoever does the hiding steps in....   :winkguy:

How did Enron go down??

The larger and more complicated the company, the longer the Shell game could go on. But Enron is a good example...in that case, the Auditor's did know about it, which is why Arthur Anderson no longer exists.

Xer0


AutobahnSHO

what happens when companies don't get caught? do you guys honestly think they always do?

just asking honest questions.
Will