Preview

KPMG

Good Essays
Open Document
Open Document
681 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
KPMG
Ethical Issues Relating to Insider Trading
The recent news has sparked debate on whether KPMG will be another Arthur Andersen facing its recent insider trading issue. The ex-partner of KPMG, Scott London, revealed client’s confidential information to the third party in exchange for both cash and expensive gifts since 2010. For example, the third party gained nearly $200,000 by selling 27,000 shares of RSC Holdings after the announcement of merger because of the material information revealed to him by London.
“As a leader at a major accounting firm, London’s conduct was an egregious violation of his ethical and professional duties” was the comment towards this issue from the director of SEC’s Los Angeles office. Pointed out in the comment, professional accountants are responsible to choose the right alternative facing a white-or-black condition. It is their professional duty to protect the confidential information of their clients. As in the case of insider trading, a collection of an ill-gotten wealth at the expense of betraying the material non-public information of clients is totally unethical for London, a professional accountant to do. And in the certain case of insider trading, both public who is unaware of the secret and the third party should exist. The unfairness from the amount of information possess by both parties is where the argument stands. As stakeholders, the information we share are supposed to be the same once a perfect efficient market reached, which means we allow certain unfairness exists when one knows better than the others in the semi-efficient market nowadays. However it is unethical when the third party fails to conduct his moral obligation by offering benefits to accountants in exchange for confidential information when he knows the behavior is totally wrong.
A renewed utilitarian theory can be introduced into the discussion when it comes to insider trading. In the original form of utilitarian, it may be a chance that insider



References: Edvard Petterson. (2013). Ex-KPMG Partner London Will Plead Guilty, Lawyer Says. Available: http://www.bloomberg.com/news/2013-04-11/ex-kpmg-partner-london-will-plead-guilty-lawyer-says.html. Last accessed 22nd April 2013. Encyclopedia of Business. (2006). Securities and Exchange Commission.Available: http://www.referenceforbusiness.com/encyclopedia/Res-Sec/Securities-and-Exchange-Commission-U-S.html. Last accessed 22nd April 2013. Robert W. McGee. (2009). Analyzing Insider Trading from the Perspectives of Utilitarian Ethics and Rights Theory. Journal of Business Ethics. 18 (2), p2-4. US. Securities and Exchange Commission. (2013). Insider Trading. Available: http://www.sec.gov/answers/insider.htm. Last accessed 22nd April 2013.

You May Also Find These Documents Helpful

  • Better Essays

    Tony Cupertino faces ethical and legal responsibilities as a CPA and CIA. Tony Cupertino must decide whether he report the concerns to the chief financial officer or the audit committee. As the CIA, Tony must uphold the values set forth in the IIA Code of Ethics. Tony must maintain his objectivity and independence from management. The audit committee is responsible for the oversight of the financial statements. As an internal auditor, Tony can address his concerns directly to the audit committee and the audit committee will resolve differences with management. Although Tony’s boss Walter is the chief financial officer and sits on the board of directors, Tony does have the option of reporting the issue to Walter. As a board member it is Walter’s responsibility to safeguard corporate assets and make decisions in the best interest of the shareholders. The…

    • 932 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    Bus 250 Week 4 Disc1

    • 323 Words
    • 2 Pages

    In 1985 R. Foster Winans a columnist for “The Wall Street Journal” was convicted of giving information to two stock brokers he was writing and article about in his column “Heard On The Street. Foster was charged with insider trading. The stockbrokers make a whopping 690,000 and Winans cut was 31,000. I thin k this case does meet the requirements of inside trading established by the Supreme Court in the case U.S. vs. O’Hagen because the Foster leaked information about contents of a column , “Heard on the Street” before publication. The leaks allowed his stockbroker friends to make trades in anticipation of the impact the column would have and allow them to make a profit before the new hit the street. According to Lawrence inside trading is A person who trades on information that he or she knew was supposed to be confidential is guilty of misappropriation, regardless of whether the trader is directly connected to the company whose shares were purchased. This new law covers anyone who learned and traded on information they knew was illegal. It does not cover people who come across information just by chance…

    • 323 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Cardillo Case

    • 1140 Words
    • 5 Pages

    1. The first person that faced an ethical dilemma was the former controller of Cardillo Russell Smith. Although he is not an accountant, he still had to make an ethical decision on whether to sign off on the transaction. He was called into the chairman’s office to be persuaded to sign the affidavit but he didn’t budge. Smith knew that recognizing the payment as revenue would be improper. The first accountant that faced an ethical dilemma was Helen Shepherd who was the audit partner overseeing Touche Ross. They found the same dilemma in the entry that Smith would not sign off on. Shepherd first discussed the entry with her subordinates before she questioned Lawrence, controller of day to day operations. Shepherd, still uneasy about the transaction, got confirmation to contact United Airlines about certain features of the agreement. Shepherd found that the two sides had different opinions about the transaction in which she concluded that the entry should be adjusted and could not be recognized as revenue. Shortly after Shepherd demanded the correct adjustment to be made, she got a call explaining that her audit firm was terminated. One of the parties potentially affected by the outcome is the CPA firm and its other clients. They have a right to expect its professionals to follow the professional standards and that’s just what they did. The public accounting profession is also affected by this outcome as they expect all of its members to uphold the Code of Professional Conduct. The rights here that were not upheld were that the clients confidential information was not upheld as Touche Ross filed an 8K statement containing that information. However, the SEC requires them to file the statement about any disagreements they had with Cardillo. The accounting profession might have lost some trust as they leaked information but it was with good ethical conduct. The next accountant that…

    • 1140 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    directors, etc… Although it is said that he did not hold part in insider trading, his leak…

    • 674 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    Insider trading mostly occurs by individuals close to the upper level management of an organization. This type of unethical behavior undermines the stability of the organization. In the ImClone scandal where Martha Stewart was indicted for her involement, the stability of her company suffered and the companies and people associated with Ms. Stewart suffered as a result of her decision. In this essay I will examine the parties that were privileged to knowing ImClone’s stock was going to drop and those who did not know. I will look at the effects of Ms. Stewart’s action, what she could have done different, and the consequences of her actions. Ethical and public issues must be considered when a business executive makes a decision that could affect the entire company.…

    • 2450 Words
    • 10 Pages
    Powerful Essays
  • Satisfactory Essays

    Martha Stewart Scandal

    • 405 Words
    • 2 Pages

    When most people hear the term “insider trading” they think of the illegal version. However, the term “insider trading” can also mean the perfectly legal buying and selling of stock by a company’s corporate insiders. Insider trading is legal when these corporate insiders trade stock of their own company and report these trades to the U.S. Securities and Exchange Commission (SEC). That way the insider trading is not kept a secret and anyone can find out a corporate insider’s opinion of his or her company.…

    • 405 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    With a stellar track-record of delivering quality, leading change, and implementing process improvement, it is a pleasure to submit my resume for the Senior Associate, Customer & Operations position with your organization. I believe that upon careful consideration, you will undoubtedly recognize that my innovative strategies are exactly what KPMG US needs to deliver operational effectiveness, sustainability, and profitability for both you and your clients.…

    • 290 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    LaThis article found in the Wall Street Journal applies to insider trading. Thomas Conradt and David Weishaus bought shares of SPSS Inc. after illegally discovering about their near future acquisition of IBM. They believe Conradt was informed by his roommate at the time in 2009. Conradt then informed Weishaus but asked him to keep quiet claiming “we gotta keep this in the family” and “I don’t want to go to jail”. The two men were arrested last Thursday, November 29, 2012. It is believed that Conradt, Weishaus and three other brokers made more than one million dollars from the information. They each face up to twenty years in prison.…

    • 277 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Insider trading is defined as “ trading whilst in possession of non-public information and if known to the public, may lead to a substantial movement in a security’s price” . In Australia it is prohibited by insider trading regulation (IT regulations) in the Corporations Law (CL) 1991 , though it was initially established from recommendations made by the Rae committee in 1974 on the mining company scandals . The latest law changed one single section to 20 wide and complex sections, causing critique of Australia IT regulations . Henry G Manne argued that IT regulations should be abolished supported by three basic economic arguments. This essay will examine the pro and contra of each argument and shows that IT regulations have spoiled the notion of fairness at the expense of efficiency, despite the objective of any securities markets regulation to promote both aspects .…

    • 1669 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Corporate insiders must act in good faith and in a manner that they reasonably believe will be in the best interest of the corporation including safeguarding corporate information. Also they have a duty to care for the corporation as they would their own. So in this case, the insider who has to be loyal to his company and may not be able to go to the authorities with information that can damage the company’s reputation also has to care for this same company and in caring means if there is anything unethical going on should be able to whistle blow it, however this creates conflict for the insider. It’s like they are stuck in between, however way you look at, whether they report it or not, they are damned as the book stated because once authorities know, the company might suffer public humiliation and if they don’t report it, the company eventually will collapse due to everything blowing up just like Enron.…

    • 784 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Victoria Chemicals

    • 864 Words
    • 4 Pages

    The treatment of conflicts of interest and other ethical dilemmas that may arise in investment decisions.…

    • 864 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Apple and Ethics

    • 2239 Words
    • 9 Pages

    “Insider trading is the buying or selling of a security by someone who has access to material, nonpublic information about the security” (Investopedia, 2012).…

    • 2239 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    Excello Essay

    • 305 Words
    • 2 Pages

    Many facets exist when considering legal and ethical issues in financial reporting. Accounting industry professionals consider standard practices of accounting, and board of accountancy rules when creating ethics standards. Important, they also consider state, and federal laws. Ethics and the law work hand-in-hand, and therefore should be at the forefront of the minds of those pondering the commission of fraud as exhibited in the Excello Telecommunications case (hereinafter referred to as Excello). In this case, the Chief Financial Officer (CFO) considered inappropriately posting a $2.1 million transaction to boost year-end earnings.…

    • 305 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Inside Trading

    • 376 Words
    • 2 Pages

    In this case number (2012-255) concerning Insider Trading Ring Investment Banker Illegal Tips on Impending Merger on Dec 5, 2012. The Securities and Exchange Commission today charged an investment banker who was primarily based in Charlotte, N.C., and nine others involved in an insider trading ring that garnered more than $11 million in illicit profits trading on confidential information about impending mergers (SEC, 2012). John W. Femenia misused his position at Wells Fargo Securities to obtain material, nonpublic information about four separate merger transactions involving firm clients (SEC, 2012). Upon learning inside information about an impending deal, Femenia’s first call to set the insider trading ring in motion was typically to his longtime friend Shawn C. Hegedus, who worked as a registered broker (SEC, 2012). Femenia and Hegedus illegally tipped other friends who in turn tipped more friends or family members in a ring that spread across five states (SEC, 2012). This case related to the one from text reading because he had confidential information that he used to make a profit for himself and if the stockholders as well as partner are not given this information it can’t be legally used. In an important legal case, U.S. vs. O’Hagen, the Supreme Court clarified insider trad- ing law (Lawrence, A.T. and Weber, J. 2011). The court ruled that someone who traded on the basis of inside information when he or she knew the information was supposed to remain confidential was guilty of misappropriation, whether or not the trader was directly connected to the company whose shares were purchased (Lawrence, A.T. and Weber, J. 2011).…

    • 376 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Insider Dealing

    • 4290 Words
    • 18 Pages

    Hong Kong is a relatively new player in insider dealing law as there is no law until 2003. Nevertheless, we now have a very comprehensive ordinance concerning the issue. The primary source of the law relating to insider dealing is contained in Parts XIII and XIV of the Securities and Futures Ordinance. The most straightforward and common example when insider dealing takes place is when a person connected with a listed company who has relevant information in relation to that company (which he knows to be relevant information) deals or counsels or procures another to deal in the listed securities of that company or a related corporation or their derivatives, knowing or having reasonable cause to believe that such person would deal in them. The law explains the 4 major concepts, which are “connected person”, “relevant information”, “dealing, counseling, procuring” and “securities and derivatives” of insider dealing very thoroughly.…

    • 4290 Words
    • 18 Pages
    Powerful Essays