Today, worldwide, there are several thousands of crimes being committed. Some don’t necessarily require a lethal weapon but are associated with various types of sophisticated fraud, this also known as a white-collar crime. These crimes involve a few different methods that take place within a business setting. While ethical business practices add money to the bottom line, unethical practices are ultimately leading to business failure and impacting the U.S. financially.
Most of the world has heard of Enron, the American, mega-energy company that “cooked” their books (Gupta, Weirich & Turner, 2013) and cost their investors billions of dollars in lost earnings and retirement funds. While much of the controversy surrounding the Enron scandal focused on the losses of investors, unethical practices of executives and questionable accounting tactics, there were many others within close proximity to the turmoil. It begs the question- who was really at fault and what has been done to prevent it from happening again?
Skilling accepted only promising new shakers and movers from the cream of MBA education and vying for them shrewdly against the best investment banks (Thomas). He demanded aggressive investing. (Skilling) As the company grew to include water supply, electricity, and power plants, as well as internet video and broadband communications, it also set itself up to fail in many of its endeavors at a cost of billions. The balance sheet, however, showed steady profits from over $13 billion in 1996 to astonishing $100 billion in 2000 (Enron). But why were those heavy losses not affecting their bottom line? Once again, Jeffrey Skilling worked his magic. He developed an innovative new method of accounting called “mark-to-market” (Enron). Outstanding contracts were valued by market prices, varying accordingly. This method left room to alter prices artificially. By setting up SPE’s or special purpose entities, Enron could hide its gains and losses at will within their books, thereby removing them from Enron’s books. These new side ventures looked respectable on paper, to; the company seemed to be ever-expanding (Enron). Andrew Fastow was posed to come on board with Enron with an MBA from North Western University. He had been enticed away from continental Illinois National Bank and Trust (Fastow). Fastow quickly fell in line behind Skilling as Skilling had with Lay.
Ethics policies are implemented in almost all businesses. Companies search for candidates that will be moral in their actions so they can ensure long-term financial success. Throughout history we have seen businesses fall due to unethical behavior. In recent years the business Enron Corporation is best known for the scandal that led to the bankruptcy of a company with more than 60 billion dollars in assets. We will examine the circumstances that led to the downfall of Enron, how the scandal was realized, as well as the outcome of one of the largest bankruptcies in American history; a case that exemplifies unethical professional behavior.
Skilling was trying to hide and swade the analyst to look further into this. After two months of testimony, Jurors gets the case deliberating for five days. On May 26, 2006, Kenneth Lay and Jeffrey Skilling are convicted of Fraud and Conspiracy. Jeff Skilling was sentenced to more than 24 years in Federal prison. After the trial, Kenneth Lay passes away from a heart attack in Colorado and was never sentences for his role in Enron’s scandal. While the Enron scandal is a lesson in Corporate greed, it also brought about much needed change in corporate auditing procedures. It led to Congress enacting Suban Oxley Bill and President Bush created the President Corporate fraud task Force to look at all accounting irregularities within publicly traded companies. This led to criminal investigations into over 500 companies, over 500 executives throughout the country and were eventually charged and convicted of securities fraud. It brought on sweeping change in the Corporate
Unethical business practices have been an issue over the past decade, from Enron to Wall Street. Pilot Flying J recently was prosecuted for defrauding many of their clients. The scandal extended all the way to the senior management. The scandal was driven by greed and could have easily been prevented by applying one or all of the following five systems: written contracts, external auditors, compliance officers, handbook training, and moles.
The Royal Canadian Mounted Police [RCMP] classifies corporate fraud into two different categories: fraud by a company and fraud against a company (para. 5). The RCMP explains fraud against a company can happen through “misappropriation of corporate assets by a company senior officer or by staff” (para. 5). Employees defraud companies with methods such as “fictitious revenues, concealed liabilities and expenses, and asset or revenue understatements or overstatements” where as fraud by a company happens by “providing incorrect or misleading information to shareholders or regulators, including financial reporting fraud – where incorrect or misleading information is provided for individual financial gain” (RCMP, para. 5). The Federal Bureau of Investigation [FBI] breaks down corporate fraud into three categories based on the action of the fraudster or fraudulent company. These categories are falsifying financial information or accounting schemes, self-dealing by corporate insiders and obstruction of justice (FBI, para. 16).
Imagine the head of security at a bank using his years of training in security procedures to orchestrate an incredible heist. This is essentially what happened to the corporate giant Tyco, only the person planning it was the CEO, Dennis Kozlowski and his right hand man CFO, Mark Swartz. Kozlowski and Swartz were at the helm of Tyco and used their experience and skills to carefully plan a scheme, along with the help of other henchman within the company, to siphon money out of Tyco in such a way that even after independent audits and scrutiny by the SEC, the fraud remained unnoticed. Tyco’s corporate was built upon their knowledge of audit procedures and internal controls that they would have learned in their fledgling years as practicing auditors.
Bassett, J. W. (2003). Solving Employee Theft Cases. The Internal Auditor, 60(6), 23. Retrieved May 11, 2005, from ABI-Inform Online
Devin McCraney and Sharika Allison were the District Finance officer and Comptroller, respectively, for the Beaumont Independent School District (BISD), Beaumont, TX. From August 2010 until October 2013 they managed to embezzle over $4,000,000 from the school district by creating fake companies, issuing purchase orders and invoices that paid directly to an account controlled by both McCraney and Allison. From there Allison, who had taken out the DBA of “Millennium Consultants”, would write checks that were the deposited into their personal bank accounts. BISD did regular business with Millennium USA, an actuary company that would give annual workmen’s comp analysis.
Despite this noble attempt at hands-off regulation and behavior modification, America would experience some of the most egregious ethical misconduct relating to the field of accounting in the years following. One such example was the questionable accounting practices at Enron, (among others) which overvalued its profit statements and ultimately lead to the company’s collapse and employee/stockholder misfortune....
Just like people, corporations have the capability of committing criminal acts. The Enron scandal in 2001; the Bernard Madoff ponzi-scheme of 2008-2009; both of these examples show that despite internal and external controls, regulations, and oversight, corporations still are a multi-faceted entity that have the propensity to partake in crime. That being true, that criminal entity must be punished and held responsible for their actions. One tool in the prosecutorial tool belt is the use of deferred prosecution and non-prosecution agreements. According to Lanny Breuer, the United States Department of Justice’s Criminal Division, “over the last decade, deferred prosecution agreements have become a mainstay of white collar criminal law enforcement” (Warin, 2012).
Embezzlement, sometimes referred as a White-Collar crime, is a group A offense in the National Incident-Based Reporting System (NIBRS). It typically happens in workplaces, where a person in a position of responsibility and reliability, uses his position strengths to gain or help other people gain convenience or wealth in business. (Barnett) Statistics has shown that the average loss of embezzlement per year is about 850,000 dollars. (KARPP, 2014) Although the target of embezzlement is always money, some of the further influences, for example, alter the economic system, cause significant loss of money to the country and then damage the culture, could not be ignored. Considering these consequences, I propose the federal government should change
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.