This memorandum analyzes Dell, Inc.’s (“Dell”) alleged securities and accounting violations from fiscal years 2002-2006. During this time period, Dell failed to disclose exclusivity payments it obtained from Intel – a dominant manufacturer of CPUs for personal computers. These payments “amounted to “$61 million in the first quarter of 2003 (about 10% of operating income) and $720 million in the first quarter of 2007 (about 76% of operating income).” This memorandum will show that Dell’s failure to disclose Intel’s exclusivity payments was a violation of basic accounting principles. Additionally, it will address and disprove any potential defenses Dell may advance for its failure to disclose the Intel payments. Lastly, the memo will discuss the real motivation for Dell’s actions both while receiving the payments, and for coming forward when it did and will specifically discuss whether the $100 million settlement was excessive, a slap on the wrist, or just right. I. Was Dell’s Actions Wrong? Dell’s failure to disclose the exclusivity payments they were receiving from Intel was wrong and should be subject to punishment. The purpose of financial statement is to provide accurate information on a business’ revenues and expenses so that “shareholders, creditors, and anyone else who deals with the business,” can evaluate the company’s financial condition and performance. Furthermore, “the objective of accounting is to present relevant and reliable financial statements that are meaningful to users by providing a consistent basis for comparing the performance of an entity over time…” As the SEC press release explains, “accuracy and completeness are the touchstones of public company disclosures…” Taking into account the above statement... ... middle of paper ... ...e from stock option gains. For his part of the alleged violations Michael Dell was only fined $4 million – or 1% of the $450 million he earned throughout the timeframe of the violations. As the Forbes.com article suggests, “the magnitude of the fines levied by the SEC on Dell and Michael Dell, compared with the wealth harvested, is grossly inadequate. And it certainly is not a robust enough deterrent to prevent others from doing the same.” Some possible alternative punishments are suggested in the article and they include a claw back of the profits realized by Michael Dell’s stock option gains. Furthermore, it is my opinion that the SEC should have required Michael Dell to step down as the company’s CEO. This, coupled with the claw back of stock option gains, would put all CEOs on notice that this type of behavior will not be tolerated and is not worth the risk.
...ns and the company’s fair-value accounting resulting in restatements of merchant investments based on faulty numbers. Additional violations included Enron’s accounting for stock issued to SPE’s, inadequate disclosure of related party transactions, and conflicts of interest and their cost to stockholders. These violations of GAAP and GAAs standards ultimately lead to the demise of a once mighty company (Benston, The Quality of Corporate Financial Statements and Their Auditors before and after Enron). The importance of consistently keeping up with accounting principles and producing accurate numbers for a company’s are exemplified through Enron’s story. The company faced an unfortunate fate that could have easily been avoided through more efficient and effective management, proper accounting methods, and a higher standard of morals and ethics within the workplace.
WorldCom’s lack of corporate governance and questionable financial follies led to “Overstated cash flow by booking $3.8 billion in operating expenses as capital expenses; gave founder Bernard Ebbers $400 million in off-the-books loans” (Brag, 2002, para. 21). This unethical behavior led to even more financial losses after further investigations, and resulted in billions of dollars in losses...
In modern day business, there can be so many pressures that can cause managers to commit fraud, even though it often starts as just a little bit at first, but will spiral out of control with time. In the case of WorldCom, there were several pressures that led executives and managers to “cook the books.” Much of WorldCom’s initial growth and success was due to acquisitions. Over time, WorldCom discovered that there were no more opportunities for growth through acquisitions when the U.S. Department of Justice disallowed the acquisition of Sprint.
While Stephen Richards was the head of global sales at Computer Associates he was a faciliter in the illegal extension of the fiscal quarter. He also allowed his employees to obtain contracts after the end of the quarter, and then backdate them so that they would add to the expired quarter's revenues. In the eyes of the DOJ (Department of Justice) and SEC (Securities and Exchange Commission) the deliberate misreporting or omittance of financial accounting information is viewed as a felony, punishable with time in prison. Yet, according to Richards’ “This was simply a timing issue of a deal coming in and being recognized two or three days earlier as opposed to two or three days later.” Had Richards and his team been honest and thorough about
...The Sarbanes-Oxley Act deals with the proper filing of financial paperwork along with rules and regulations to follow while working as a top business (The Sarbanes-Oxley Act, 2002). Some of the consequences that derived from the Act include fines and possible imprisonment up to 20 years for destroying documents. It also made it a crime to destroy corporate audit records. Since the Sarbanes-Oxley Act was in place at the time Bernie Madoff was charged with security fraud, he received 25 years in prison for his wrong-doings (Bernard Madoff, 2014). These crimes by Madoff and Enron have made for safer business practices and stricter laws. However, to ensure cases of this magnitude do not occur again, companies must not only abide by mandated law, they must develop a culture deeply rooted in strong ethics. Character matters in a business just like it does in people.
Ivan Boesky pleaded guilty to the biggest insider-trading scheme discovered by the United States Securities and Exchange Commission (SEC). He made 200 million dollars by profiting from stock-price volatility on corporate mergers. What he actually did was cheat by using illegally obtained secret information about impending mergers to buy and sell stock before mergers became public knowledge/ Although insider trading is nothing new, the SEC knows it has become a threat to the public’s confidence, and they must enforce regulations to stop criminal activity. The SEC has put pressure on managers to regulate information leaks, promising strict legal enforcement if a business fails to police misuse of privileged employee information.
Unethical accounting practices involving Enron date back to 1987. Enron’s use of creative accounting involved moving profits from one period to another to manipulate earnings. Anderson, Enron’s auditor, investigated and reported these unusual transactions to Enron’s audit committee, but failed to discuss the illegality of the acts (Girioux, 2008). Enron decided the act was immaterial and Anderson went along with their decision. At this point, the auditor’s should have reevaluated their risk assessment of Enron’s internal controls in light of how this matter was handled and the risks Enron was willing to take The history of unethical accounting practic...
One may ask, how is that different from the “Enron” scandal? There isn’t much to separate these two, it could be said that they are cousins. They both managed to cover their debts by overstating their revenue and profits and using other companies they owned to make profit or at least attempted to, but ultimately drowning in debt and committing fraud. What makes these two companies different would be the cooperation of the executives with the prosecutors or officials, which goes back to why Andrew Fastow only faced 10 years because he took a plea deal. On the other hand I believe 25 years for conspiracy, misrepresentation of statements and 7 counts filing false statements was well deserved because not only did that make a statement to the public, but in the eyes of the law Ebbers should have learnt from “Enron’s”
Speaking about the business model of Dell, it has ability to remain on the higher end of the scale for a particular time period. Dell has business model, which primarily focuses on direct selling line of attack. It in a straight line supplies the PCs to the regulars. It does not believe in intermediary, retailers for the business practices. Undeniably, this gives them an edge to serve customer well. Nevertheless, it understood the importance of retailers and start offering products on the premises of retailers, such as Wal-Mart, Sam’s Club and so on. Next, Dell administration is certain of the exclusive business of PCs. As time goes on, however, observing the
The Adelphia Communications Scandal in 2002 dominated the corporate mainstream when the company’s management prepared financial statements that failed to represent the economic reality of the company by excluding billions of dollars of debt. The Securities and Exchange Commission (SEC) calls the case “one of the most extensive financial frauds ever to take place at a public company” (Markon & Frank, 2002). At the center of the case is John Rigas, the founder, former chairman, chief executive of the company and the patriarch of the Rigas family. Also arrested are his sons, Timothy and Michael, both former executive board members, James R. Brown, former Vice President of Finance, and Michael C. Mulcahey, former Director of Internal Reporting. The lawsuit filed by th...
CEO Kenneth Lay’s ambition for ENRON a company he had helped form went beyond the business of piping gas. Enron went to become the largest natural gas merchant in North America and the United Kingdom. But the reality is, this company business model never worked. This was a company that was so desperate to win Wall Street 's respect that it kept it stocks shares prices going up despite the losses it was incurring in order for executives to keep lining their own pockets. Over the course of this Case Assignment, I will identify the examples of financial reporting misconduct, I will explain the deontological as well as a utilitarian ethical perspective and lastly I will identify the stakeholders likely to be affected by that misconduct.
Michael Dell sought to refine the company’s business model, add needed production capacity, and build a bigger, deeper management staff and corporate infrastructure while at same time keeping costs low. It first international offices were opened in 1987 and was renamed Dell Computer. In 1998, Dell became a public company, raised $34.2 million in its first offering of common stock.
"This is why the market keeps going down every day - investors don't know who to trust," said Brett Trueman, an accounting professor from the University of California-Berkeley's Haas School of Business. As these things come out, it just continues to build up"(CBS MarketWatch, Hancock). The memories of the Frauds at Enron and WorldCom still haunt many investors. There have been many accounting scandals in the United States history. The Enron and the WorldCom accounting fraud affected thousands of people and it caused many changes in the rules and regulation of the corporate world. There are many similarities and differences between the two scandals and many rules and regulations have been created in order to prevent frauds like these. Enron Scandal occurred before WorldCom and despite the devastating affect of the Enron Scandal, new rules and regulations were not created in time to prevent the WorldCom Scandal. Accounting scandals like these has changed the corporate world in many ways and people are more cautious about investing because their faith had been shaken by the devastating effects of these scandals. People lost everything they had and all their life-savings. When looking at the accounting scandals in depth, it is unbelievable how much to the extent the accounting standards were broken.
Between the years 2000 and 2002 there were over a dozen corporate scandals involving unethical corporate governance practices. The allegations ranged from faulty revenue reporting and falsifying financial records, to the shredding and destruction of financial documents (Patsuris, 2002). Most notably, are the cases involving Enron and Arthur Andersen. The allegations of the Enron scandal went public in October 2001. They included, hiding debt and boosting profits to the tune of more than one billion dollars. They were also accused of bribing foreign governments to win contacts and manipulating both the California and Texas power markets (Patsuris, 2002). Following these allegations, Arthur Andersen was investigated for, allegedly, shredding
...ollow them either. It is clear that there are many ethical violations and if a company were to act in a manner that this today they would strongly be looked down upon.