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History of indian pharmaceutical industry
Sabanes and Oxley
Sabanes and Oxley
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Phar-Mor Inc. Phar-Mor Inc. became well known drug store for selling its products with a very high discount rate. In ten years the business grew to 310 outlets and was serving 32 states across the country. Later the company became known for one of the biggest fraud committed in 90s. Phar-Mor Inc. involved its sister company Tamco in the illegal activities as well. Both companies didn’t have proper records resulting in $4 million inventory overbilling. The next problem for Phar-Mor Inc became with the formation of World Basketball League. The president of Phar-Mor Inc. owned 60% of WBL and was responsible for its losses, which he would take care of by using funds from the drug business. More over he embezzled $200,000.00 for his personal home improvement. Phar-Mor Inc. was able to cover losses with the help of what they consider "bucket account". They moved all fraudulent activities through this account, because they knew that the auditors will not look at any accounts that have a zero balance. According to CPA Journal there are five SOX sections the address aspects of the fraudulent activities of Phar-Mor management: “Audit Partner Rotation”, “Conflicts of interest”, “Corporate Responsibility for Financial Reports”, “Management Assessment of Internal Controls” and “Code of Ethics for Senior Financial Officers”. SOX would be able to prevent hiring the same audit firm for more than five years. Also some members of the fraudulent team were former employees of the audit company. Due to Conflict of interest section, Phar-Mor Inc. wouldn’t be able to hire employees from Cooper without breaking one-year rule. In this case it would be much harder for the top management to hide illegal activities without knowing the audit procedures. O... ... middle of paper ... ... for the audit service, but it has earned even more for consulting and other activities. Accounting firm fought off attempts to limit or stop them from carrying out consultancy work for clients of the audit; they insist that there is no real conflict of interest. Enron used off-balance sheet entities to manipulate their earnings and hide its debt. Sarbanes-Oxley Act requires more disclosure of off-balance sheet entities. Also The Sarbanes-Oxley Act of 2002 requires auditors to distinguish audit services and non-audit services or to avoid any 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.
The SOX act section 404 requires that the auditor assess the company’s management of internal controls and report on it. The act requires that a company include a copy of the internal controls in the year end annual report. All financial statements must be certified by a company’s management. (Coustan, 2004)
It has been a decade since the Sarbanes-Oxley Act became in effect. Obviously, the SOX Act which aimed at increasing the confidence in the US capital market really has had a profound influence on public companies and public accounting firms. However, after Enron scandal which triggered the issue of SOX Act, public company lawsuits due to fraud still emerged one after another. As such, the efficacy of the 11-year-old Act has continually been questioned by professionals and public. In addition, the controversy about the cost and benefit of Sarbanes-Oxley Act has never stopped.
Federal Trade Commission, 1979. Braithwalte, John. The. Corporate Crime in the Pharmaceutical Industry? Boston, MS: Routledge & Kegan Paul, 1984.
Phar-Mor was known as one of the major discount chain retailers in the late 1980’s - early 1990’s. It was founded by Mickey Monus, a gambler in nature, who with the help of senior management was “cooking the books” for years to cover up his loses. The reason why senior management agreed to do this fraud is the belief in unique ability of their leader to fix everything later on. This case is known as one of the biggest accounting frauds in the corporate history of the U.S. This paper will analyze who was affected by this fraud, the motives behind it and what systems of control failed to prevent it.
The Sarbanes-Oxley Act was enacted on July 30, 2002. It was enacted by the 107th United States Congress. It is named after sponsors U.S. Senator Paul Sarbanes and U.S. Representative Michael G. Oxley. It is also known as the ‘Public Company Accounting Reform and Investor Protection Act’ in the Senate and ‘Corporate and Auditing Accountability and Responsibility Act’ in the House. The main purpose of this act was to protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws, and for other purposes. This act was enacted as a result to a number of corporate and accounting scandals including those affecting Enron, Tyco internationals, Adelphia, Peregrine Systems, and WorldCom. The Securities Exchange Commission (SEC) adopted many rules in order to implement the Sarbanes-Oxley Act.
The Sarbanes-Oxley Act is a legislation aimed at increasing the accuracy of financial statements that were issued by companies that are publicly held (Livingstone, 2011). The passing of this act was a response to some of the financial malpractices that took place at companies such as WorldCom and Enron. According to Livingstone, making ethical decisions is critical because ethical lapses can lead to severe unforeseen consequences (Livingstone, 2011). This paper will discuss the effects of the Act on the audit committees of public company boards of directors as well as outside independent audit firms. The main advantages and disadvantages of the Act and recommendations of the changes that should be made to the act will also be included.
Madura, Jeff. What Every Investor Needs to Know About Accounting Fraud. New York: McGraw-Hill, 2004. 1-156
These problems and the company’s failure to address them led to the creation of an unethical work environment that further exacerbated the extent of the financial fraud.
SOX requires the auditors to rotate, Title II section 203. If Phar-Mor had their auditors rotate they could have found the fraud much sooner. There is a good chance that the second auditor would not have gone along with fraud and brought it to light much sooner. (Final Rule,
In today’s day and age, there is a lot of news that is related to corporate accounting fraud as companies intentionally manipulate their financial statements to show a better picture of their financial health. The objective of financial reporting is to provide financial information about a company to its various stakeholders such as investors and creditors so that these stakeholders can make decisions accordingly. Companies can show a better image of their financial well being by providing misleading information. This can be done by omitting material information from the books or deceitful appropriation of assets such as inventory theft, payroll fraud, check forgery or embezzlement. Fraudulent financial reporting will have an effect on the This includes but is not limited to; check forgery, inventory theft, cash or check theft, payroll fraud or service theft.
In recent years one major corporate crime that has captured headline news has been the Martin Shkreli/Turing Pharmaceuticals scandal. Martin Shkreli was CEO of Turing Pharmaceuticals a company that acquired U.S. marketing rights for a drug called Daraprim, a popular drug for AIDS patients. Shkreli amplified the pricing on the drug that has been on the market for decades from $13 to $750 per pill, which is more than a 5,000% increase. Although, these actions made Martin Shkreli infamous amongst Americans, his decision to raise the price of the drugs were perfectly legal. Instead, Shkreli found himself in trouble with regards to the 2 hedge fund companies that he ran, MSMB Capital and MSMB Healthcare. In 2011 while running MSMB Capital Management,
They were committing fraud by creative accounting, acting illegally when using insider trading and shredding their documents relevant to the investigation. Next, consider the stakeholders. Anyone who owns stock in the company would suffer, along with every employee. Under the values bullet we can assume that they have none. Greed and power got the better of every one of them.
Corporate governance changed drastically after the case of Andersen Auditors, Enron’s auditing service showed that they contributed to the scandal. Andersen was originally founded in 1913, and by taking tough stands against clients, quickly gained a national reputation as a reliable keeper of the people’s trust (Beasley, 2003). Andersen provided auditing statements with a ‘clean’ approval stamp from 1997 to 2001, but was found guilty of obstructing justice by shredding evidence relating to the Enron scandal on the 15th June 2002. It agrees to cease auditing public companies by 31 August (BBC News, 2002).
Enron was on the of the most successful and innovative companies throughout the 1990s. In October of 2001, Enron admitted that its income had been vastly overstated; and its equity value was actually a couple of billion dollars less than was stated on its income statement (The Fall of Enron, 2016). Enron was forced to declare bankruptcy on December 2, 2001. The primary reasons behind the scandal at Enron was the negligence of Enron’s auditing group Arthur Andersen who helped the company to continually perpetrate the fraud (The Fall of Enron, 2016). The Enron collapse had a huge effect on present accounting regulations and rules.
The SOX is to restore confidence and reassurance to the American people and notice to corporate America, unethical business practices will not be tolerated (Ferrell, et al, 2013). All key players in an organization such as the top executives, lawyers, accountants, banks, board of directors, and employees all have an obligation to do the right thing and report any wrong-doings (Ferrell, et al,