Government Accountant Offers Audit Insight
from Regulatory Perspective
After
completing a successful lyceum presentation, Donald Ryba shouted to the
throngs of exiting students about the benefits
of an internship with his 'company'-the federal government. "We'll
show you things you won't see elsewhere."
Ryba illustrated his statement vividly in his February Accountancy Lyceum
lecture when he gave students a regulatory perspective on public company
audits-case by case. A senior staff accountant in the Division
of Enforcement staff of the US Securities
and Exchange Commission, Ryba talked about the shifting landscape
of public company accounting due to Sarbanes-Oxley (SOX), described some
themes and trends in the area of financial reporting, and cited certain
criminal cases he was involved in and the enforcement climate of each
case as well.
After Implementation
The implementation of SOX has re-configured the auditing terrain of public
companies. Ryba described the pre-SOX era of the 80s and 90s as one in
which public accounting firms focused less on audit services and more
on services that were most financially lucrative. SOX has meant more regulation
of public accounting and procedures; audit committees are now heavily
involved in the audit process, and auditors must register with the PCAOB
to do public company audits. "An audit really means an audit now,"
stated Ryba, and with that reality has come an increase in the necessity
of his role.
The environment for public accounting has changed dramatically, but the
nature of that change has yet to be determined. "I consider myself
to be in a growth industry; if change is for the better I'll be out of
a job." According to Ryba, 179 disclosure actions were filed in fiscal
year 2004, a number more than double that of the previous year. In the
business of fraud prevention, no element is exempt from the Commission.
"We investigate all types of industries, all sizes of corporations,
all areas of the US, and the world, and all sizes of audit firms. We run
the gamut."
Ryba mentioned some themes and trends in financial reporting. One is
the need for coordination of the criminal authorities involved in cases
of financial fraud. Each successful case requires the smooth cooperation
of attorneys, inspectors, FBI agents, and local police. Another important
issue has been the effort to expedite investigations by using technology
and increasing staff. Ryba also noted that auditor independence remains
a critical element of sound financial reporting.
Facing the Music
He ended his talk with some accounts of the consequences public companies
faced when going against his employer's regulations. The license of an
unlucky California audit partner was revoled after failing to book an
audit adjustment for sport apparel bastion North Face. A Colorado auditor
was fined and barred from practive before the SEC after being convicted
for destroying the financial work papers of Sports Haley, maker of headgear
for bicycling.
A particularly memorable case for Ryba culminated in the actual arrest
of a white-collar culprit. The senior staff accountant said the seizure
reminded him of his days as a police officer. Ultimately, the goal of
his present vocation does not strive far from that of his previous, blue-collared
career. Now, though, the nature of the job is somewhat different. Ryba
insists on working toward a transparent and fair market for all-from the
CEO to the shareholder.
About the Speaker
Donald A. Ryba is a senior staff accountant in the Division of Enforcement
staff of the US Securities and Exchange Commission in Chicago, Illinois,
specializing in the area of financial fraud and financial statements and
accounting analysis. Ryba had 16 years of public accounting experience
as a manager engaged mainly in audits of public companies before his arrival
at the Commission. A licensed Certified Public Accountant with a BA in
business administration from Roosevelt University, Ryba is a member of
both the American Institute of Certified Public Accountants and the Illinois
CPA Society.
--Michael Romain
February 2005
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