BDO Dirty Laundry Aired in Leaked Emails, CEO & Others Busted Telling Pork Pies

Tomorrow's lunch menu at BDO Brisbane
Like many in the Australian financial community, we were surprised to read Monday’s announcement that embattled mid-tier accounting firm BDO posted the highest revenue growth of all mid-market accounting firms in FY 2010/2011. The firm’s revenue is apparently up 12% to $220mil. It is excellent news if true, but somehow, we think there’s more than meets the eye…

Regardless of the year’s receipts, 2011 has been annus horribilis for BDO and, based on several tips we’ve received, we think it is about to get immeasurably worse for the firm’s employees and clients. Strap in ladies and gentlemen, this is a wild one!

Very quickly, some background. In March we reported rumours that BDO was buckling under the weight of repayments pursuant to a huge capital raising meant to secure the future of the firm post-GFC. Here is the letter sent to all directors in November 2009 encouraging them to offer personal guarantees in exchange for the aforementioned capital. Here is a detailed slideshow showing what the capital raising was intended to achieve. We understand that the capital raising was successful, resulting in BDO directors gaining personal exposure to the debt at an average of $1million each.

But that was the sum before we reported rumours that BDO directors were again being asked to personally guarantee a capital raising, this one in the order of $20million. BD-uh-Oh!  We get to the pork pies after the break.


Pork Pie #1: MD Says Departure of Senior Partner for “professional reasons”

By December 2009, we started hearing rumours that senior, respected staff were leaving the firm. First, we reported the departure of two senior figures from the Brisbane office, followed by the Brisbane COO. Then came rumours of the loss of the firm’s Melbourne tax partners, Next came a very ugly legal action from a former partner.

Then, controversially, came rumours that BDO had lost a very valued client due to the departure of senior figures within the firm. BDO CEO Tony “Mr T” Schiffman contacted us directly to refute that rumour and we agreed to redact our post. If the leaked email below is an indication, we probably should not have:

Leaked BDO Email 1

From: Tony.Schiffmann@bdo.com.au
To: davidmason35@hotmail.com
Date: Thu, 10 Mar 2011 08:25:26 +1000

David,

Your response is embarrassing, from your perspective.  Kelly is on leave and James has better things to do than respond to your requests.

As I said, our lawyers will write to you today about this incident and a range of issues about your conduct over the last couple of weeks.  You will soon see that we have become aware of a number of things that you have done, which in our view, give rise to an action(s) against your [sic] personally.

In relation to your explanation about your conversation with [redacted], all I can say is that I think that you are a liar, with clearly no understanding of the concept of what it means to be a professional.  If you haven’t learnt that by now, then there is little prospect that you will ever understand that concept.

Regards, [we like this touch]

Tony

Sounds like our man Mr T was keen to put the squeeze on at least one of those partners to depart.  Mention of “lawyers” and lies — all rather ironic, given what Tony told us later, in response to our inquiry about rumours that BDO’s international parent was “threatening to pull the licence” and that two senior partners had jumped ship. You’ll recall he responded to this by telling Firm Spy:

This is untrue. Two Partners finished with BDO in Brisbane a week ago after a lengthy transition process. Their departures were for professional reasons, and BDO wishes them well for their futures.

While it’s true that he did mention the word “professional” in his email to one of the partners, to call their departure one caused by “professional reasons” is laughably pushing the boundaries of euphemism.  But we’re prepared to forgive the creativity of Mr T’s dirt-busting laundry language.  “Lengthy transition process”, however, is just too much.  Pork pie #1.

Pork Pie #2: “lazy and unprofessional” Advice

As for the second departure, there isn’t much well-wishing in the following leaked email, which is pretty much the client complaint from hell:

Leaked BDO Email 2

From: [redacted client]
To: simon.abraham@bdo.com.au
Subject: BDO – QLD
Date: Mon, 21 Mar 2011 22:42:05 +0000

Hi Simon

I would like to draw your attention to a recent correspondence that I received from your BDO Brisbane office pertaining to [redacted] R&D Tax Concession claim.  Specifically, I would like to register my total disdain for the advice of this BDO partner and the manner in which it was provided.

As you are aware, [redacted] has a long history of undertaking R&D activities and has developed a strong and successful relationship with BDO’s R&D team namely David Mason and Tracey Murray in preparing and claiming the R&D Tax Concession.  …

… Mr Dennis Lin [BDO partner] attempted to contact me by phone once before sending us a three page memo explaining why our project isn’t R&D [for purposes of tax concessions].  His ‘analysis’ was based entirely on him reading an email I sent to David Mason providing an overview of the project … We are not R&D experts … We engage BDO due to its expertise in R&D and its ability to meet with us, learn about our project and establish the technical risk that underpins the commercial risks we talk about. … That is the reason that we pay $450 an hour for an R&D expert.  … Is Mr Lin in fact such an R&D specialist?  Should he perhaps have advised us that he is hence his advice is even believable? [sic]

Mr Lin … couldn’t even be bothered to get in contact with us to discuss this matter personally (one phone call, really?!) and suggests in tone that I missed the opportunity to … Mr Lin portrays that [client] is simply a name on his client list or a job that he wants to tick off …

With a single, thoughtless memo, Mr Lin has … gone a long way to destroying the goodwill that [client] and BDO have built up over the years.  Surely this is not the attitude of BDO as a national enterprise?  Categorising clients into important and not important and treating the ‘not important’ ones as second class citizens?  Is the sum paid to BDO Brisbane by [client] to date deemed such a pittance that it warrants so little consideration?

This is a lazy and unprofessional approach from so called professionals!  [Client] LOATHE this type of caper.  … please assure Mr Lin that if he dares to render an account … for this ‘advice’ he will be hearing from me personally and we will take it further. …

I feel sorry for any other BDO Brisbane clients who may have received similar treatment and the resultant feelings invoked when a possible claim such as ours is pending.  I resent the time I am taking now to convey this all to you. …

I look forward to your response. [ends]

B D Ouch. We make no comment on the validity of these claims, and simply state that we received an email — which you can see for yourself using the link above — bearing them.  We can only wonder what swift and professional response BDO management would have taken to that email, and where the client took its money afterwards (or, if not then, presumably now, once its poetic rant has been leaked by some disgruntled BDO spy or another).  Either way, we suspect Mr T has little in the way of well-wishes for this partner, his “professional reasons” or “transition process”.  Pork pie #2.

Pork Pie #3: CEO Orders PA Escorted from Premises After Bad “intel”

In fairness, it does sound like much of the rot is confined to Brisbane – but staff in other offices have been affected.  One recent example of the callous mistreatment of a personal assistant has come to light, from a BDO spy yesterday:

I thought that you would appreciate an update with respect to the two Brisbane R&D tax partners that departed BDO earlier this year.  Firstly, in what may be a first in the Australian professional services industry, BDO walked a Personal Assistant after he tendered his notice and indicated that he would be joining another professional services firm (It probably didn’t help that the PA in question was the PA for the two former partners). Schiffman indicated that he had intel that the two partners were setting up shop at Davis Collision Cave (the IP firm) and accused the PA of heading off to work for them. The PA responded that he was definitely not going to work at DCC but was considering various offers that may or may not include the partners in question. At this point, Schiffman got angry and gave the PA ten minutes to get off the premises.

No doubt Schiffman’s line on this matter is the same to his official response to FS’s article [quoted above].

Sounds like someone had a temper tantrum.  Our sympathies lie with the PA who was frogmarched from the premises in such a humiliating fashion.  Schiffman’s “intel” — whether true or not — was clearly no grounds for doing what he did.

But it doesn’t stop there. We also received the following intel from another unnamed source recently:

Paul Carr former head of BDO’s Melbourne Audit parctice is leaving to join Deloitte. This follows the departure earlier this year of BDO’s Head of Tax, Aldrin DeZliva to the same firm.

B D Oops. Some … Big Deals Out the window there. Is BDO hemorrhaging clients and partners and practice heads alike?  Yet BDO tells us it’s all “business as usual”.  Pork pie #3.

Pork Pie #4: Perjury?

To cap things off for this installment of BDO Busting, we received the following comments and leaked email yesterday:

Do current and former directors of BDO commit perjury? Former director, Wayne Ngo, seems to think so.

From: Wayne Ngo
Sent: Monday, 31 May 2010 9:50 AM
To: TPC.Staff.Melbourne
Subject: My Resignation

Dear TPC staff

Further to the recent AFR articles, there have been a number of misrepresentations about my resignation which I wish to clarify in the following.

Firstly, the AFR article published on 21 May undoubtedly made public a lot of BDO’s issues. The article was largely extracted from sworn statements made by directors of BDO (mainly Pat) contained in various court documents. These court documents are publicly accessible by anyone including the media. It is therefore difficult to see how these comments were grossly inaccurate or that the AFR was not fully appraised of the facts when the article quotes directly from Pat’s own sworn statements. Ironically, though not surprisingly, a different position appears to be presented to the AFR in last Friday’s article than that which was presented to the Court only weeks ago. It was portrayed to the court that a loss by BDO on the issue of the restraints would destabilize its relationship with BankWest.

On 21 May, Croft J granted an injunction to prevent me from leaving the employ of BDO until the main hearing has been decided. This position is merely temporary and there were no findings in the judgment which affect the main trial, rather a holding pattern to maintain the status quo until then. In arriving at his decision, his Honour took into account the fact that the main trial was scheduled in less than 2 months. The judgment is publicly accessible via this link:

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSC/2010/206.html?stem=0&synonyms=0&query=^ngo

The judgment does not impose any restrictions to prevent existing clients and staff departing to Daniel Allison & Associates and I understand numerous ethical clearance letters continue to be received by BDO. I still have great concerns about the financial viability of the firm however this is not the primary reason for my resignation. I have resigned from BDO as I was and continue to be bitterly disappointed at BDO’s treatment of Daniel Allison in his removal as a director, which I believe to be inconsistent with the firm’s purported values of ethics and integrity. As a result, I could no longer be a part of this firm and its future.

I again thank my former staff members and team for their continued support and well wishes.

Kind regards

Wayne

Wayne Ngo
Director, Tax
Corporate and International

Mr Ngo seems to be implying that BDO has been distancing itself from sworn statements tendered in evidence — and by distancing itself, it seems he means “denying”.  Could this be pork pie #4?

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