Following the announcement of sanctions against KPMG for its audits of now-defunct alcohol retailer Conviviality, the Financial Reporting Council (FRC) of the United Kingdom reached a settlement with the Big Four firm involving its work at software company Regenersis.
The Financial Reporting Council (FRC) announced Wednesday that KPMG had received a "severe" reprimand and a reduced penalty of 3 million pounds (U.S. $4.1 million) for breaches that occurred during its audits of Conviviality's financial statements for the fiscal years (FY) ended April 30, 2017 and April 29, 2018, respectively.
Additionally, KPMG is required to submit a report to the FRC "stating the causes of the inadequacies in the 2017 audit, as well as the actions and corrective action that the firm has taken to prevent the reoccurrence of those problems." KPMG must also pay a fine to the FRC.
As part of the settlement, Nicola Quayle, the firm's audit engagement partner, was also given a harsh reprimand and a reduced punishment of £80,850
Prior to adjustments for admissions and early disposition, KPMG and Quayle were each awarded initial fines of £4.3 million ($5.9 million) and £110,000 ($150,000), respectively, before any adjustments for admissions and early disposition.
According to the FRC, the violations "were not intentional, dishonest, premeditated, or reckless in nature." The agency also noted that KPMG and Quayle "offered a high level of cooperation throughout the investigation," according to the regulator.
Details of the summary: Conviviality grew fast as a result of a series of acquisitions, and the company recorded considerable growth in revenue, profit, and net assets in fiscal year 2017. Because of a series of trading updates made by the retailer in March 2018, its shares were temporarily suspended from trading on the alternative investment market of the London Stock Exchange, according to the company.
In March 2018, an attempt to raise further capital failed, and Conviviality was forced into administration the following month in April 2018.
Several shortcomings in the 2017 audit were admitted by KPMG and Quayle, including in their initial risk assessments and documentation of fraud risk, as well as in their documentation of fraud risk. The FRC further found that KPMG and Quayle did not gather enough suitable audit evidence in relation to the following areas:
Conviviality's recognition of £5.9 million (US $8 million) in accrued franchise license income in fiscal year 2017; Conviviality's recognition of £5.9 million (US $8 million) in accrued franchise license revenue in fiscal year 2017;
In the case of a wine supply contract with a third party, the accounting treatment used was as follows:
Following the company's accounting policy, certain costs were capitalized and certain items were classified as "extraordinary."
In addition, there are many components of accrued supplier income; and
The ability to obtain reasonable assurance that the carrying value of each cash-generating unit at Conviviality had not been diminished.
Additional suspicion and documentation lapses were also stated as reasons for the decision. In addition, KPMG and Quayle acknowledged that they had failed to properly document the FY2018 audit.
In the press release, FRC Deputy Executive Counsel Claudia Mortimore stated that "the audit failings in this case were serious, extended across several significant areas of the financial statements, and were related to a number of fundamental auditing standards, including the requirement to obtain sufficient appropriate audit evidence and apply sufficient professional skepticism, as well as the requirement to prepare proper audit documentation."
According to Mortimore, "the sanctions are proportionate to the gravity of the failures." According to the report, "the fines also reflect each respondent's poor regulatory track record, and they are meant to improve the quality and dependability of future audits."
According to the answer from KPMG, "I'm sorry that our work wasn't good enough in this situation," said Jon Holt, the country's chief executive of KPMG. "I am determined to resolving and learning from our prior situations, and this development is yet another step forward in dealing with these matters." he said. Through the course of their investigation, we have provided complete cooperation to the FRC.
As a result, we are continuing to make significant investments in our business, taking steps to address the FRC's findings and implementing our audit quality transformation program, which includes extensive new training, controls and technological infrastructure.
Settlement with the Regenersis Society
As part of a separate settlement agreement, the FRC's executive counsel reached a combined settlement agreement with KPMG and engagement partner Stuart Smith on Tuesday following their admissions of misconduct relating to the regulator's quality inspection (AQR) and audit of the financial statements of Regenersis for the period ended June 30, 2014. The agreement was reached in response to the regulator's quality inspection (AQR) of the audit of the fiscal year ended June 30, 2014. Following an investigation of the business's audits of Regenersis, the firm was cited in September 2021 for giving "false and misleading" information.
The case was referred to a disciplinary panel, which will assess the amount of the punishment to be imposed on KPMG. In the meantime, the hearing is still underway.
Smith was fined £150,000 (US $204,000) by the Financial Reporting Council (FRC), and he was also barred from membership of the Institute of Chartered Accountants in England and Wales (ICAEW) for a recommended three-year period.
As stated by the FRC, "Smith has confessed that he made, or was responsible for, misleading representations to the Federal Register's AQR inspectors and that he was irresponsible as to whether those representations were misleading and if the inspectors would be deceived by them."
Despite Smith's actions being deemed improper, KPMG has admitted that the business may be subject to disciplinary action. In addition, KPMG will cover the costs incurred by the FRC as a result of the behavior.
As the FRC's executive counsel pointed out, the commission made no accusations about the quality of the Regenersis 2014 audit, and it made no allegations about the financial statements' correct preparation.
"This wrongdoing is a violation of our protocols and is plainly in conflict with our beliefs," Holt stated in reaction to the allegations. We will not tolerate or condone it in any manner, and I am deeply sorry that this has occurred within our organization," said the CEO. Immediately following the discovery of this misbehavior by our regulator, we have worked diligently and in total openness with our regulator to ensure that it does not represent our firm's overall culture or practice.
Our cooperation with the investigation into these problems has been thorough, and we will continue to assist the tribunal in any manner we can." At the same time, nothing should take away from the frustration that I and my colleagues feel as a result of what has happened, or from our desire to ensure that such malpractice will never be replicated at KPMG.
By fLEXI tEAM