Finance
Trump Organization monitor flags errors and financial misstatements ahead of ruling in fraud case
The Trump Organization has cooperated with its independent monitor but risks putting out inaccurate financial statements, according to a report issued on Friday by a court-appointed monitor.
The report comes ahead of an expected ruling in a $370 million civil trial involving former President Donald Trump’s company.
Trump, his sons Eric Trump and Donald Trump Jr., and other top Trump Organization executives are accused by New York Attorney General Letitia James of engaging in a decade-long scheme in which they used “numerous acts of fraud and misrepresentation” to inflate Trump’s net worth in order get more favorable loan terms. The judge overseeing the case already found the defendants liable for using false documents to do business. The former president has denied all wrongdoing in the case.
The report – issued at the request of Judge Arthur Engoron to summarize the 14 months of the Trump Organization’s court-appointed monitorship – found that the company has been cooperative, implemented some changes, and issued necessary corrections to financial statements. However, based on her review of over 3000 documents, retired judge Barbara Jones identified that the Trump Organization often provided documents “lacking in completeness and timeliness.”
Former President Donald Trump sits in New York State Supreme Court during his civil fraud trial, on Jan. 11, 2024, in New York.
Michael M. Santiago/Getty Images, FILE
“It is important to note that the Trump Organization acknowledged the disclosure issues described after I brought them to its attention and has been open to recommendations to improve accuracy and transparency,” Jones wrote, noting the company implemented changes to their disclosures and provided additional information following omissions.
However, Jones added, “Absent steps to address the items above, my observations suggest misstatements and errors may continue to occur, which could result in incorrect or inaccurate reporting of financial information to third parties.”
Jones also said that the Trump Organization still lacks a formal compliance department, issued statements that include errors and misstatements, and operates in a manner that reflects “a lack of effective governance.”
“For example, based on the inconsistencies described above, it does not appear that there are adequate accounting and presentation standards, procedures, or training associated with the preparation of financial disclosures. To the extent adequate standards and procedures do exist, they do not appear to have been followed across the organization,” Jones noted.
Her report was issued on Friday, one week ahead of an expected ruling in Trump’s $370 million civil fraud trial. Judge Engoron has closely watched Jones’ monitorship, using one of her past reports to justify beginning the dissolution of the Trump Organization in his summary judgment order.
Former President Donald Trump sits in New York State Supreme Court during his civil fraud trial, on Jan. 11, 2024, in New York.
Michael M. Santiago/Getty Images
“Even with a preliminary injunction in place, and with an independent monitor overseeing their compliance, defendants have continued to disseminate false and misleading information while conducting business. This ongoing flouting of the court’s prior order, combined with the persistent nature of the false SFC’s year after year, have demonstrated the necessity of canceling the certificates,” Engoron wrote in September.
Expressing concern that Jones’ letters have offered an inaccurate picture of the Trump Organization’s compliance, defense attorney Chris Kise unsuccessfully attempted to call Jones as a witness at the trial, which Engoron rejected due to Jones’ role as an “arm of the court.”
When called as a witness, Trump organization executive Mark Hawthorn defended his work coordinating with Jones and the overall conduct of the company.
“We believe everything they deemed as an objection we have responded to diligently and very accurately,” Hawthorn said. “No one from that team has ever communicated to us that they have uncovered fraud or any irregularities.”
Finance
Stamford Finance Students Wow Judges, Take Home Trophy in Regional CFA Competition – UConn Today
A tenacious team of finance majors, who sacrificed most of their winter break to prepare for the CFA Institute Research Challenge, took first place in that regional competition last week.
Students Hunter Baillargeon, Dylan Fischetto, Richard Opper, Philip Ochocinski and Rushit Chauhan were tasked with researching and analyzing a major utility company, and then producing a 10-page report about whether to buy, hold, or sell its stock. They chose to sell.
One of the CFA judges said both the team’s report and presentation were among the best he had seen in many years.
“As a team, we were thrilled our hard work paid off and our many hours of work allowed us to achieve what we did,’’ Baillargeon said. “What we accomplished couldn’t have been done without working with such a cohesive and collective unit.’’
“From a technical perspective, I realize how valuable true analysis is and the importance of looking where others don’t for a differentiated approach,’’ Baillargeon said.
The first round of competition featured 24 college teams from the Stamford-Hartford-Providence region. The Stamford team, composed of seniors all of whom all participate in UConn’s Student Managed Fund program, received its first-place award Feb. 26 in a ceremony in Hartford. The team will advance to the East Coast competition later this month.
Stamford Finance Program is Robust
“The Stamford team’s advancement in this competition reflects not only the students’ exceptional talent and work ethic, but also the rigor and applied focus of the UConn finance curriculum,’’ said professor Yiming Qian, head of the Finance Department.
“Our Stamford campus hosts approximately 200 financial management majors. The Stamford program is a vital part of the School and continues to demonstrate outstanding strength,” she said.
Professors Steve Wilson and Jeff Bianchi, who combined have 75 years of experience in the investment industry, were the team’s advisers and were supported by academic director Katherine Pancak.
Wilson said the task of analyzing a utility is particularly complex because of the company’s structure and the regulatory environment in which it operates.
“I believe the Stamford team stood out because of the depth of their research, and willingness to take a bold stand, including the decision to ‘go out on a limb’ and recommend selling the stock,’’ he said. “They didn’t ‘play it safe.’’’
“This clean-sweep was a true team effort. They were tireless throughout, and sleepless too often, but they never wavered from their desire to always dig deeper and uncover any information that would strengthen our investment case,’’ he said. “What a phenomenal job they did!’’
Competition in Hong Kong Is Ultimate Goal
The Stamford team will compete against Loyola, Canisius, Sacred Heart; Seton Hall, Villanova, St. Michaels, Western New England, University of Maine, Fordham and Penn State next. In total, some 8,000 students are expected to participate in various competitions worldwide, culminating in a championship round in Hong Kong in May.
Wilson said the financial industry is always welcoming of new talent. And when one of the judges told him that the Stamford team produced some of the best work that he’d seen in years, Wilson felt tremendous pride for the students.
“Finance is an open playing field. In investments, the best idea wins,’’ he said.
Baillargeon said he will always appreciate the whole team’s dedication.
“What I’ll remember most is the help of our advisers and our cohesive, close-knit team where everyone pulled their weight,’’ Baillargeon said. “We put in long hours, did a tremendous amount of research, and collaborated well together. I hope when I enter the workforce I get to work with a team as committed as this one is.’’
Finance
Board Advances Motion to Address LAHSA’s Failure to Pay Service Providers – Supervisor Lindsey P. Horvath
Board Advances Motion to Address LAHSA’s Failure to Pay Service Providers
Board Advances Motion to Address LAHSA’s Failure to Pay Service Providers
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Supervisor Lindsey P. Horvath
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Finance
How “impact accounting” can integrate sustainability with finance
Around three years ago, Charles Giancarlo, CEO of data platform Pure Storage, came back from Davos and asked his sustainability team to look into an idea he’d encountered at the meeting: Impact accounting, a method for integrating emissions and other externalities into company balance sheets.
The idea had been slowly picking up adherents in Europe for around a decade, but Pure Storage, which rebranded this month to Everpure, would go on to become the first U.S. company to join the Value Balancing Alliance (VBA), a group of 30 or so companies developing the approach. Trellis checked in last week with Everpure and the VBA for an update.
How does impact accounting work?
At the heart of the approach are a set of “valuation factors,” developed by third-party experts, that are used to convert activity data for emissions, water use, air pollution and other externalities into dollar figures that can be integrated into balance sheets. In the case of emissions, for example, the VBA uses $220 per ton of carbon dioxide equivalent, a figure based on the estimated social impact of rising greenhouse gases levels.
At Everpure, one long-term goal is to have cost centers be aware of the dollar impact of relevant externalities. After an initial focus on identifying and collecting the most material data, the team is now rolling out a dashboard containing several years of impact accounting numbers.
“It’s catered to different personas,” explained Adrienne Uphoff, Everpure’s ESG regulations and impact accounting manager. Finance was an initial use case, with product managers also on the roadmap. “You can compare it to financial numbers to really understand the impact intensity.”
What value does the approach bring?
“The essence of impact accounting is that you’re translating all these different metrics in the sustainability space into the language the decision makers understand,” said Christian Heller, the VBA’s CEO. “Everyone understands what you’re talking about, and you get a sense of the magnitude of your impact and the risks and opportunities.”
This has allowed Everpure to calculate what Uphoff called the “environmental costs of goods sold” and to estimate the impact of circular strategies, such as refurbishing hardware. The analysis reveals “impact savings across the full value chain across five different environmental topics all in a single dollar unit,” she said.
Analyses like that can then be shared with customers and used to distinguish Everpure from competitors. “The long-term winners in this space are going to be those that can perform against sustainability goals,” said Kathy Mulvany, Everpure’s global head of sustainability. “Impact accounting gives us a way to bring comparability, so companies can understand how they’re truly stacking up.”
What does it take to implement impact accounting?
A great deal of technical work goes into creating valuation factors, but the system is designed so that outside experts create the numbers and hand them to sustainability professionals for use. Still, not every company will have the in-house environmental data that is also needed. Many companies have been collecting emissions data for five years or more, for example, but detailed datasets for water use are less common.
Internal teams also need to be familiar with the concepts. “One of the key learnings from our impact accounting implementation is that the socialization curve is longer than you expect,” said Uphoff. “Attaching monetary values on externalities introduces new metrics and mental models, and that can naturally make people a little nervous at first. It takes time and dialogue for teams to build confidence in how to interpret this new lens on performance.”
What’s next?
In the early days of impact accounting, companies and consultancies worked independently on different methodologies. Now that work is coalescing, said Heller. The International Standards Organization will start work on a standard this summer, he added, and the VBA is having conversations with the IFRS Foundation, which creates international financial reporting standards.
The approach may also be integrated into mandatory disclosure standards. Heller noted that the European Union’s Corporate Sustainability Reporting Directive mentions the potential benefits of companies putting a dollar figure on some environmental impacts. “It’s the next evolutionary step of any kind of sustainability disclosure regulations,” he said.
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