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Ethical issues in corporate governance
Ethical issues in corporate governance
Ethical requirements in auditing
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With every business activity come opportunities for fraudulent behavior which leads to a greater demand for auditors with unscathed ethics. Nowadays, auditors are faced with a multitude of ethical issues, and it is even more problematic when the auditors fail to adhere to the standards of professional conducts as prescribed by the American Institute of Certified Public Accountants (AICPA). The objective of this paper is to analyze the auditors’ compliance with the code of professional conduct in the way it relates to the effectiveness of their audits. 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... ... middle of paper ... ...tial information not pertinent to their work and use such information to their advantage. American Express Tax & Business Services, a subsidiary of the American Express Corporation acquired CPA practices all over the United States. This practice by a non-CPA firm can encourage its employees not to serve the public interest as the firm is not subjected to as many regulations as a CPA firm would be. A financial firm providing accounting services poses a conflict of interest for its CPA employees. For example, the CPA provides accounting services along with financial services like insurance sales. The CPA would be endorsing the insurance products of the company which can affect the CPA’s objectivity with respect to the product being offered to third-parties (Ponemon, 1996). The scope and nature of the services performed influence the accountant to great lengths.
Which of the six principles in the AICPA Code of Conduct is most related to Article 1.5 of the California Accountancy Act? Explain your conclusion.
When it comes to the audit objectives, the public and the auditing profession maintain varying expectations. The public expects the prevention of fraud to be the auditor’s responsibility. However, the auditors believe that they are responsible for fraud detection, but not obliged to find all of it. In addition, the public views the fraud by the characteristics displayed by management and employees. For example, WoolEx Mills’ management wanted to exude a prevailing financial position and to uphold reputations. By committing financial statement fraud, it made the company look successful even though Sales and cash flows were decreasing. The public would view these particular characteristics as pressures to why the company committed fraud. Greed, recognition, and influences also impacted the public’s view of Wool Ex Mills’ fraud scheme. The CEO used authority to influence employees to take part in the fraud scheme. The public would see that the CEO utilized power to manipulate shareholders, which impacted their trust with WoolEx Mills (Cohen, Ding, Lesage, & Stolowy 2015) (Krishnan & Shah
The principles of the AICPA Code of Conduct should guide the work that Jose and Emily do as auditors. The principles that specifically apply to this situation are Responsibilities, The Public Interest, and Due Care. CPAs have the responsibility to “exercise sensitive professional and moral judgments in all activities.” (Mintz, p. 19)
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...
Proverbs 10:9 states: “People with integrity walk safely, but those who follow crooked paths will slip and fall” (New Living Translation).” This Scripture suggests that individuals who do not walk in integrity follow “crooked paths.” They walk in ways that are not morally sound, pure, and honest—but in ways that are corrupt. Clients want accountants with integrity. Thus, integrity is critical to the public trust. As a matter of fact, one of the general definitions of integrity provided by the AICPA Code is that it is a quality from which the public trust derives. Also, it is an element of character fundamental to professional recognition, and it requires members to be (among other things) honest and candid within the constraints of confidentiality (Duska, Duska & Ragatz, 2011). Integrity in the accounting profession involves adhering to the rules and principles of the profession. This includes remaining free of conflicts of interest and maintaining client relationships in which the accountant can remain objective in discharging his or her responsibilities. This requires independence in fact and in appearance as mandated under section 1.200.001.01, Independence Rule the AICPA Code. In other words, no one should be able to view the accountant as being biased with respect to a client’s financial reporting due to an improper client relationship. Lack of integrity in accounting practices has been, and continues to be, a key element in the downfall of many institutions which has hurt the public trust in the accounting
which may be the case if a CPA takes part in the decision making process of the
We as accountants have an ethical obligation under the AICPA Code that require us to place the public interest ahead of all other interest, including our own self-interest and that of our employer or client. We must be independent, make decisions objectively, exercise due care in the performance of professional services, and must act with integrity. The standards of the Institute of Management Accountants (IMA) are similar to the Professional Conduct in the AICPA Code. Furthermore, the principles of the AICPA Code include responsibilities, the public interest, integrity, objectivity and independence, due care, and scope and nature of service. The IMA provides guidance on issues relating to competence, confidentiality, integrity, and credibility. The Resolution of Ethical Conflict section in the IMA defines the steps to be taken by members, such as discussing matters of concern with the highest levels of the organization, including the audit committee when they are pressured to go along with financial statement improprieties. In addition, the IMA runs an ethics hotline service to provide support to its members to act ethically at all times.
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).
According to the AICPA Code of Professional Ethics, the integrity principle is defined as “To maintain and broaden public confidence, members should perform all professional
Many studies demonstrated how traditional ethical settings led to the unethical behavior and financial scandals of Enron, WorldCom, and Arthur Andersen. Satava, Caldwell, and Richards (2006) studied profiles of firms that included the accounting fraud. The researchers demonstrated the gap between constituted rules and its implementation in practice using the Enron and Arthur Andersen example (p. 271). The accounting profession has to possess the truthfulness and completeness of financial statements. The investors make their decisions relying upon the auditor’s conclusion. Therefore, auditors are considered with the highest integrity and public trust. Unfortunately, the example of Enron and Arthur Andersen demonstrates the fundamental problem
The American Association of Public Accountants first implemented ethical rules in 1905. Since then, accounting ethics has been heavily scrutinized. It has been said "that the relationship between personal values, codes of conduct and decisions to engage in financial misrepresentation are 'weak at best'" (Douglas, Davidson, & Schwartz, 2001), p. 101). It is essential for Accountants to make ethical decisions. In order to promote ethical decision making, it is vital that profession develop a strong ethical environment. The purpose of this paper is to look at two of the main ethical theories as they relate to the accounting profession. Specifically this paper will give a detailed description of utilitarianism and deontology. The organizational culture and the American Institute of Certified Public Accountants code of professional conduct will then be looked at from the context of the two ethical theories. Finally, I will present the ethics system I believe is most appropriate for the accounting profession.
As an accounting and finance student, with an ambition to qualify as a chartered accountant in the future, I feel it is appropriate for me to analyse the ethical issues faced by the Accounting Profession. The Accounting Profession is one which has come under a lot of scrutiny in recent years, as scandals such as Enron and Anglo emerged. A series of unethical decisions led to the closure of one of the ‘big five’ accounting firms when the Enron scandal came to light. In Ireland today Ernst and Young are facing a court appearance in relation to their involvement as auditors of Anglo Irish Bank, needless to say they also made some unethical decisions while working with the bank. In this literature review I endeavour to assess the code of ethics held by accountants and provide examples of when accountants have not adhered to this code of ethics.
The existence of ‘reasonableness gap’ which is the gap between what society expect in relation to the auditor’s role in detecting and preventing corporate frauds and what auditors reasonably could be expected to achieve is one of the causes for questioning an auditor’s role (Sidani 2007, p. 289). This raises the concerns related to the capacity of auditors and audit procedures used to detect major frauds and financial distress. Since the corporate collapses and frauds mostly relate to management’s unethical behaviors such as forgery and collusion, which are in non-systematic nature, the auditors may not able to systematically uncover frauds based on the standard auditing procedures (Gracia-Benauand & Humphrey 1992, p. 322). As a result, the auditor may not be responsible for not detecting frauds that resulted in corporate failures (Hassink et al. 2009, p.86) that the society expects them to
With a desire to make their company appear better than it actually is, there has been a constant issue of corruption and fraud in accounting. Individuals who practice in fraudulent activities often seek to enrich themselves, establish a financial presence, or even gain respect from others. Not only do these scandals cause the companies to fall into bankruptcy, but also leads to innocent people losing their entire life savings. Over the past decade, numerous frauds have been discovered worldwide. Some of those frauds include Enron, WorldCom, Cendant, Adelphia, Parmalat, Royal Ahold, Vivendi, and SK Global. In most cases, the auditors were alleged to be the cause since it’s their responsibility to detect the fraud. Thus they were sued by stockholders for performing negligent audits.
The three important characteristics or elements of trust, ability, benevolence and integrity, are an integral component of the AICPA Code of Professional Conduct. These elements emphasize the importance of the code in relation to maintaining and enhancing public trust in the services rendered by the accounting profession. In other word, as CPAs possess high levels of the three characteristics of trust, and use them when applying professional judgement to resolve accounting ethics dilemmas, the public trust is enhanced (PointCast Presentation, n. d.).