Capitalizing Royalties?
A review of PennWest’s 2013 MD&A, Financial Statements and Notes reveals no discussion of any capitalization of royalties. Therefore no direct admission of the practice. The amounts quoted as being required for the restatement for 2013 were $70 million and are therefore material and would otherwise require disclosure. Unless they were Generally Accepted Accounting Principles used throughout the industry. Interestingly however there is no discussion of the amount of G&A that is capitalized either. Capitalized G&A is about as bread and butter an issue in oil and gas and I would be surprised if PennWest was not capitalizing any G&A, but capitalizing royalties. The logical conclusion is they are not disclosing the capitalization policies of any of their costs due to the fact that they are Generally Accepted Accounting Principles. Otherwise someone is in deep, deep trouble for nondisclosure of material misstatements.
Some discussion of the issue came out on Thursday July 31, 2014 between the past CFO Todd Takeyasu and the new CFO David Dyck who is the one who issued the press release about the restatement of earnings. The text of the conversation was run in the Globe and Mail and is as follows.
Penn West did not say which employees are “believed responsible” for these accounting practices, but noted they are no longer working for the company. The review arose from information brought to the attention of chief financial officer David Dyck, who started on May 1, taking over from Todd Takeyasu. In an interview, Mr. Takeyasu said the committee’s concerns could be a result of different interpretations of accounting methods.
“Some of this stuff is grey, but I'm probably not at liberty to say much,” he said. “Some of that is possibly a matter of documentation.”
He added: “The new people might just have a different view of it.”
New board members and executive officers may have a “will to do things slightly differently,” he said.Indicating that it would seem that there appears to be a different point of view on the treatment of capitalizing royalties between the two CFO’s. Of note it is important to point out that Mr. Takeyasu retired in March of 2014. That Mr. Dyck’s resume does not have him as the CFO of an oil and gas producer in any of his previous positions. Now I know Todd Takeyasu very well. Todd is the type of guy that has never taken a risk in his life. He would never have crossed the street unless the crossing guard whistled and motioned directly to him to cross, twice. And had a stamp from that crossing guard to prove it. Therefore it is reasonable to assume that this is not a rogue CFO blazing across the horizon looking for fame and fortune. Todd would have ensured that PennWest would have had this well documented. I have been personally witness to years of Todd’s audit files. And I'm sure Todd’s lawyer has copies of that documentation as well. The other conclusion to make from this is that the initiation of these ideas are a result of an industry wide initiative. The other roaches hiding in the background.
So lets conclude from this that we might look forward to an industry wide summer of restatements and late nights for the accountants in the energy industry. Their attempt to earn some profits might have seemed innovative to some, however, lets put this in perspective. You can fool some of the people some of the time, but you can't fool all of the people all of the time.
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