The CFO, Andrew Fastow, systematically falsified there earnings by moving company losses off book and only reporting earnings, which led to Enron’s bankruptcy. Any safeguards or mechanisms that were in place to catch unethical behavior were thrown out the window when the corporate culture became a situation where every person was looking out for their own best interests. There were a select few employees that tried to get in front of the unethical accounting practices, but they were pushed aside and silenced. The corporate culture at Enron became a place where if an employee would not make unethical decisions then they would be terminated and the next person that would make those unethical decisions would replace them. Enron executives had no conscience or they would have cared for the people they ended up hurting. At one time, Enron probably was a growing company that had potential to make a difference, but because their lack of social responsibility and their excessive greed the company became known for the negative affects it had on society rather than the potential positive ones it could have had. Enron’s coercive power created fear amongst the employees, which created a corporate culture that drove everyone to make unethical decisions and eventually led to the downfall and bankruptcy of
They encouraged employees to break the law to be able to bring in more profits. Skilling provided an environment of risk taking by taking employees to exotic trips, like dirt biking, etc. On multiple occasions people were hospitalized due to these trips. These stories became urban legends at Enron and the team of executives were soon idolized as men who knew no limits. Recklessness and risk taking behavior soon was known as a positive behavior within the company, which lead to an unhealthy company culture. This culture lead the company to make immoral decisions. Anderson a highly respected accounting firm was hired to validate and review all of Enron’s books and records. Instead, Anderson covered up all of their mistakes and was later charged with obstruction of justice for shredding and burning all of Enron’s books. However this biggest issue was being overlooked by the governance of the public capital markets and the auditors. The capital markets can work productively only if the highest standard accounting, transparencies and disclosures are observed. Anderson, admitted to “error of judgement” in its treatment of Enron’s debt in one of the off-balance-sheet vehicles. These vehicles led
The law requires auditors to report any fraudulent activities discovered during the course of an audit to the SEC. This is when Article I of Section 51 of the AICPA Code of Professional Conduct comes into play. The auditor may uncover illegal acts or fraud while auditing the financial statements of a company. In such instances, the auditor must determine his or her responsibilities in making the right judgment and report their discovery or suspicions of the said fraudulent activities. Tyco International is an example of the auditors’ failure to uphold their responsibilities. Tyco’s former CEO Dennis Kozlowski and ex-CFO Mark Swartz sold stocks without investors’ approval and misrepresented the company’s financial position to investors to increase its stock prices (Crawford, 2005). The auditors (PricewaterhouseCoopers) helped cover the executives’ acts by not revealing their findings to the authorities as it is believed they must have known about the fraud taking place. Another example would be the Olympus scandal. The Japanese company, which manufactures cameras and medical equipment, used venture capital funds to cover up their losses (Aubin & Uranaka, 2011). Allegedly, thei...
Individual Article Review Lily Cobian LAW/421 March 31, 2014 Ramon E. Ortiz-Velez Individual Article Review Introduction My article review is based on Sarbanes-Oxley and audit failure, a critical examination why the Sarbanes-Oxley Act of 2002 was established and why it is not a guarantee to prevent failure of audits. Sarbanes-Oxley Act talks about scandals of Enron which occurred in 2001 and even more appalling the company’s auditor, Arthur Anderson, found guilty of shredding company documents after finding out Enron Company was going to be audited. The exorbitant amounts of money auditors get paid to hide audit discrepancies was also beyond belief. The article went on to explain many companies hire relatives or friends to do their audits, resulting in fraud, money embezzlement, corruption and even the demise of companies. Resulting in the public losing faith in the accounting profession, the Sarbanes-Oxley Act passed in 2002 by congress was designed to restrict what company owners and auditors can and cannot do. From what I gathered in the article, ever since the implementation of the Sarbanes- Oxley Act there has been somewhat of an improvement but questions are still being asked as to why there are still issues that are not being targeted in hopes of preventing more audit failures. The article also talked about four common causes of audit failure: unintentional auditor mistakes, fraud, fatigue and auditor client relationships. The American Institute of Certified Public Accountants (AICPA) Code of Professional Conduct clearly states an independent auditor because it produces a credible audit, however, when there is conflict of interest, the relation of a former employer, or a relative or even the fear of getting fire...
BLMIS was also a huge audit failure and fraud. A company with an investments volume of $65 billion was being audited by a three member firm, Friehling & Horowitz, since 1991. After the collapse of BLMIS, it was discovered that the auditor never conducted any independent audits nor did they carry out any verification of revenues, assets, liabilities, bank accounts, or trading records. (Lewis, 2013b, pp. 370).
Auditors’ motivated blindness. It could be that this conflict of interest is the reason behind Arthur Anderson issuance of an unqualified audit report without questioning or recommending to the audit committee the treatment of the related party transactions (Tonge et al., 2003, p. 15), the appropriate disclosures to make or the reasonable assumptions of mark-to market accounting. Moreover, Andersen admitted it destroyed perhaps thousands of documents and electronic files related to the engagement, in accordance with “firm policy,” supposedly before the SEC issued a subpoena for them (Thomas, 2002).
From its inception Phar-Mor Inc. became one of the five largest retail drug store chains in the U.S. The company grew in just seven years with over 300 stores and 25,000 employees nationwide.
In order to understand the nature of the fraud we must understand not only the accounting methods but also what was happening in the environment of the company at the time of the fraud. (Javiriyah Ashraf, 2011).
Fraudulent reporting, also known as a management fraud, aims improving the company results. For that purpose, management overstate assets and revenue, and understate liabilities and expenses. GAAP assigned auditors responsible for detecting financial statement fraud. However, we suggest investors and creditors assisting auditors or government authorities in identifying financial statement
By deliberately falsification of their financial statements, by Martin Grass, Brown and Bergonzi. Among other things like:
With our Founder and CEO, Marsha J. Naegeli at the helm of affairs, our company
In the financial world, there are always unending possibilities of ways to handle money. Some of what we read from the financial statements might not be the true reflection on the company. Managements are finding ways to play around the statements and some of it could be fraud and lead to disaster. One great example of this case here is Arthur Anderson. They have many clients such as Enron and many others that they have audited and found fraud in their accounting statements but the management decides to ignore it because of the huge fees that Enron decides to give. Soon after that, the company fell and shareholders suffered from the downfall of the company because of their greed for money. It may be difficult or impossible for individual stakeholders to discern the fact and the effect of accounting manipulation, because of an insufficient amount of personal skill set, indifference or a reluctance to engage in detailed analysis (Breton and Taffler, 1995).
As the rapid growth of capital market, investors have been increasingly relying on auditors to examine the accountability of financial information prepared by management. Auditors are expected to determine if the financial statement is fairly presented. In order to do so, auditors need to detect the material misstatements. Misstatement can be classified into three groups: fraud, errors and illegal acts. Fraud is intentional misstatement while errors are unintentional. Illegal acts can be intentional or unintentional. They are the misstatements that violate laws or governmental regulations (Messier, Glover and Prawitt 2014, 26). In recent years, the increasing number of fraud scandals has weakened investors’ confidence in the capital market.
Conflict of interest. So this section could be helpful in catching the fraudulent activities, since Enron wouldn’t be able to hire Andersen for audit purposes. More over the audit partner responsible for reviewing the audit must rotate every five years. This will prevent ongoing fraud from occurring for more than a few years.
Throughout the past several years major corporate scandals have rocked the economy and hurt investor confidence. The largest bankruptcies in history have resulted from greedy executives that “cook the books” to gain the numbers they want. These scandals typically involve complex methods for misusing or misdirecting funds, overstating revenues, understating expenses, overstating the value of assets or underreporting of liabilities, sometimes with the cooperation of officials in other corporations (Medura 1-3). In response to the increasing number of scandals the US government amended the Sarbanes Oxley act of 2002 to mitigate these problems. Sarbanes Oxley has extensive regulations that hold the CEO and top executives responsible for the numbers they report but problems still occur. To ensure proper accounting standards have been used Sarbanes Oxley also requires that public companies be audited by accounting firms (Livingstone). The problem is that the accounting firms are also public companies that also have to look after their bottom line while still remaining objective with the corporations they audit. When an accounting firm is hired the company that hired them has the power in the relationship. When the company has the power they can bully the firm into doing what they tell them to do. The accounting firm then loses its objectivity and independence making their job ineffective and not accomplishing their goal of honest accounting (Gerard). Their have been 379 convictions of fraud to date, and 3 to 6 new cases opening per month. The problem has clearly not been solved (Ulinski).