The purpose of this article analysis is to identify situations that may lead to unethical practices and behavior in accounting. Brooke Corporation and founder Robert Orr are an example of how Sarbanes Oxley (SOX) laws have not been as effective as most want to believe as based on the article, “Eight Years after the Fact is SOX working? A Look at the Brooke Corporation” by Beth Hazels. Brooke Corporation was, “once the largest franchisors of property and casualty insurance in the United States” (Hazel, p.19) until both company and founder filed for bankruptcy in 2008. Robert Orr and Brooke Corporation committed fraud on their financial statements as well as misappropriated commissions and funds due to their franchisee agents, customers and lenders during their 24-year reign of deceit. Lawsuits alleging anywhere from “fraud and civil racketeering to business valuations and financing were brought up against Brooke corporation and most were dropped. Brooke was also in violation of several SOX laws that have yet to be raised against them” (Hazel, p.23).…
Issues: Can a company be held liable for fraud when they engaged in transactions with a corporation in order to intentionally inflate that corporation’s financial statement, even though there were no public statements concerning those transactions,…
Top-level employees manipulated transactions and the financial statements to minimize expense recognition. This was accomplished through a variety of ways. These ways include: “Avoided depreciation expenses on their garbage trucks…, assigning arbitrary salvage values to other assets…, failed to record expenses for decreases in the value of landfills as they were filled with waste, refused to record expenses necessary to write off the costs of unsuccessfully and abandoned landfill development projects, established inflated environmental reserves (liabilities)…, improperly capitalized a variety of expenses, and failed to establish sufficient reserves (liabilities) to pay for income taxes and other expenses.” (Beasley, pg. 106) The SEC determined that these fraudulent practices were executed at the executive level. These transactions were manipulated or perpetrated at company headquarters.…
Fraud symptoms relate to the participation or concealment of fraud. One of the most noticeable red flags was WoolEx Mills’ lack of internal controls, which significantly impacted the company. The lax internal controls stemmed from an ineffective management with a CEO delegating orders to commit fraud. Management also participated in kickbacks, but A&M suggested switching vendors would reduce costs by 5-10%. Fictitious revenues overstated Sales and Accounts Receivable with the latter negatively impacting WoolEx Mills’ cash flows. In addition to overstating Sales, the company neglected to report Sales Discounts or Sales Returns and Allowances. Further examination would be needed to determine the existence of the transactions. Finally, management continued to utilize outdated equipment and neglected to maintain the manufacturing plant (Krishnan & Shah 2015) (Fraud Red Flags…
governmental oversight of accounting fraud and abuse has drastically improved over the years. In the past, many companies used the flexibly in accounting framework to alter financial statements. This was done to present a seamless depiction of the statements to their investors. There is a theory that not enough accountability has existed in government. Once governmental accountability improves, then companies will be more likely to deter from waste, fraud and abuse (acfea, 2009). The Security and Exchange Commission (SEC) eventually introduced detailed changes in the accounting framework to restrict fraud and abuse. The government now pays more attention to what is going on in the financial arena and is ultimately responsible for the oversight of accounting fraud. The implementation of internal controls helps to reduce the possibility of fraud and it also insures that the company complies with the SOX rules and regulations. If our company becomes a government supplier, once the bid is accepted, it will come under scrutiny and will be required to comply with the Sarbanes Oxley Act (acfe,…
In the year 2002, the US reached a land mark decision when the Sarbanes Oxley act was finally affected into law which principally changed the way auditing and financial reporting was being conducted. This act was prompted by high level frauds that public companies engaged in with regard to financial reporting and auditing practices. The act therefore recommended the setting up of a Public accounting Oversight board which was mainly to conduct regulatory and supervisory roles in auditing public audit firms and individual auditors. This was done through establishment of proper quality control measures on the work of auditors to minimize the audit risks that firms could face while conducting their work. The Ligand Pharmaceuticals case presents a perfect situation where the Sarbanes Oxley act was violated and required the enforcement of the law by the PCOAB. The questions that follow will therefore try to address the auditing provisions that were brought by the SOX, the role of the individual auditors and the audit firms under the new act, and the responsibility of PCAOB in enforcing the law.…
The Lakeside Company: Auditing Cases, 11th edition, has been updated in light of the accounting scandals of the early 2000s and the passage of the Sarbanes-Oxley Act of 2002, and the renewed interest in ethics within the accounting and auditing profession.…
As the case of Excello Telecommunications is reviewed it can be seen that the CFO was facing financial difficulties due to increased competition. In 2010 the earnings estimate was not going to be met and this would have affected the bonuses, stock options, and the share prices of the Excello stocks. After discovering a large sale that was pending until the shipment could be made for the following year the CFO asked the company controller to find a way to capitalize on the sale in the current year so that the budget shortfall could be met. The only way to accomplish the task was to work around the rules of accounting. The intent to find a way around the rules presents possible legal issues. This case can be evaluated by the Sarbanes-Oxley Act and the AICPA and we look at the financial reporting standards and ethics involved.…
Regina Vacuum Cleaner Co. seemed to be doing excellent as manifested in its healthy 1988 annual Financial Statements. However, Regina Company ended up as a tragic story that served as cautionary epic to investors, creditors, auditors, the public and the government.…
Similar to most financial frauds, the Livent, Inc. fraud was masterminded by a few individuals, primarily Garth Drabinsky and Myron Gottlieb. However, numerous individuals were eventually drawn into Livent’s fraudulent schemes by its principal architects, including Maria Messina, the company’s chief financial officer (CFO). Messina, a former partner with Deloitte & Touche’s Canadian affiliate, had previously served as Livent’s audit engagement partner. The fraud unraveled following Livent’s takeover by an investment group led by Hollywood mogul Michael Ovitz. The new management team installed by Ovitz soon found that “massive, systematic irregularities” permeated the company’s accounting records. Subsequent investigations by various regulatory authorities, including the SEC, resulted in numerous civil lawsuits and criminal indictments being filed against Drabinsky and his former associates.…
This part of the audit case illustrates the manner in which the auditors design substantive tests of balances. The substantive tests are illustrated for two accounts—receivables and revenue. This aspect of the audit is illustrated with the following audit documentation: • ABC’s risk assessment working paper that combines the auditors’ assessments of inherent and control risks into an overall risk of material misstatement for the assertions. • The substantive audit program of accounts receivable and revenue. • The audit sampling plan for the confirmation of accounts receivable. Adams, Barnes & Cos. assessment of control risk is described in Part II of the audit case on pages 441 through 454. To refresh your knowledge of the case, review that part as well as Part I on pages 213 through 220 of Chapter 6.…
Leiner, J. (2010, fall semester). Fraud Examination for Accountants, ACG 6686. Class Lecture. Florida Atlantic University.…
Richard Scrushy founded HealthSouth, formerly known as Amcare, Inc., in 1984 in Alabama. HealthSouth is a provider of medical rehabilitation services, as well as outpatient surgery and occupational medical services. The company experienced rapid financial growth and numerous mergers and acquisitions in the mid-1990s, which continued to escalate until the fraudulent activity surfaced in 2002. It was at this time that the Enron and WorldCom scandals were discovered and the Sarbanes-Oxley Act was created. Pressure to meet Wall Street expectations pushed Scrushy and other senior management to “cook the books”. Income was artificially inflated, numbers were manipulated, and false accounts were created. Numerous red flags occurred but were not investigated such as: disproportionate analytical ratios, exponential earnings growth, letters of concern sent to the auditors, and consistently meeting market expectations. Collusion, lies, employee unawareness, disregard for red flags, and hiring CFO’s from the auditing firm helped ensure the fraud remained undetected. Auditors failed to follow their legal duties and lacked professional scepticism in the process. When the scheme began to unravel, HealthSouth was faced with a financial crisis. An investigation took place and PwC was hired for audit and reformation. Alvarez and Marsals, a restructuring firm, was crucial to HealthSouth’s continued existence. Charges were made, jobs were lost, and many legal battles arose from…
The methods of beating fraud in corporations are discussed along with how certain situations have been squashed. Many individuals have worked very hard to beat these crimes and it shows how they did it.…
References: Xerox’s Accounting Scandal Recovery Tactics: Retrieved from http://i-sight.com/compliance/xeroxs-accounting-scandal-recovery-tactics/ Xerox’s history: Retrieved from http://www.xerox.com/about-xerox/history-timeline/enus.html A Fraud Case As Reported through SEC Documents: Retrieved from http://www.na-businesspress.com/JAF/JessupC_Web.pdf E. Rittenberg, Karla Johnstone, Audrey Gramling (2009). Auditing: A Business Risk Approach, 7th: South-Western College Morgensen, Gretchen. (2005). New York Times, KPMG Settles with S.E.C. on Xerox Audits U.S. SEC. (2006). AAER 2397, Administrative Proceeding File No. 3-12240. Retrieved from: March 7, 2011 from www.sec.gov/litigation/admin/34-53533.pdf U.S. SEC. (2006). AAER 2390, Administrative Proceeding File No. 3-12226. Retrieved from: March 7, 2011 from www.sec.gov/litigation/admin/34-53392.pdf U.S. SEC. (2006). AAER 2389, Administrative Proceeding File No. 3-12225. Retrieved from: March 7, 2011 from www.sec.gov/litigation/admin/34-53391.pdf U.S. SEC. (2006). AAER 2380, Administrative Proceeding File No. 3-12215. Retrieved from: March 7, 2011 from www.sec.gov/litigation/admin/34-53344.pdf U.S. SEC. (2005). AAER 2350, Administrative Proceeding File No. 3-12120. Retrieved from: March 7, 2011 from www.sec.gov/litigation/admin/34-52878.pdf…