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Fraudulent financial accounting
Fraudulent financial reporting involves intentional misstatements
Fraudulent financial accounting
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Corporate Compliance Introduction When companies are facing issues dealing with corporate compliance, implementing a system to deal with the compliance and corporate governance issues is the best opportunity for the companies. The companies should develop a process to analyze alternatives and integrate the appropriate opportunity into the companies system. The process includes defining and implementing compliance steps and process. Next, the companies will recommend a preventative solution that incorporates risk mitigation. This part of the process includes using systems and organizations for compliance techniques. Finally, the companies will use a problem solving approach to determine which solutions to implement into the compliance effort. The companies will begin to implement its enterprise risk management system by developing an appropriate internal control and corporate governance system. In the wake of high-profile corporate scandals and subsequent regulatory legislation, reporting internal controls has become a requirement. These requirements have led to organizations viewing risk management as an area of vital importance. Rent Way Situation Rent Way is the 3rd largest player in the Rent-to-Own industry with 2005 revenue of $516M. The company founded in 1981, currently operates 784 stores across 34 states. A few years ago, Rent Way was investigated for fabricating entries in its financial statements that increased the company's earnings for its 2000 fiscal year by about $30 million. This financial reporting fraud was a misrepresentation of the company’s financial condition and led to lawsuit filings from shareholders. “Rent-Way and certain of its current and former officers have been served with a consolidated class action complaint filed in the US District Court for the Western District of Pennsylvania. The complaint alleges that, among other things, as a result of accounting improprieties, the Company's previously issued financial statements were materially false and misleading thus constituting violations of federal securities laws by the Company, by its auditors and by certain officers” (U.S. PIRG, 2002). This problem led to the plummet of investor stock earnings from $1.88 to $.88 to $1.14 per share for fiscal year 2000. The problem was instigated by three former executives of the Rent-Way Corporation, who conspired to meet the projected earnings they had reported to Wall Street by making fraudulent entries that underreported operating expenses and misstated income and earnings per share in the company's SEC filings in 1999 and 2000 (FBI website, 2003). Company Response Rent Way realized that its internal control systems were not strong enough to prevent the company from misfortunes.
Takem’s is an appliance store in the state of Virginia serving the residents of the Appalachian regions of Virginia, Kentucky, Tennessee, and West Virginia. The business model which is currently being conducted in the appliance store has been called into question by one of the customers who has recently purchased a computer on credit. The owner of the store, Tommy, is now contemplating what should be done to handle this situation and protect his interest in the future. In this discourse, the author attempts to reveal to the reader the alleged infractions that Takem’s may be liable for regarding the situation with his customer, Ms. Sally
In the early 1900’s the economy was changing, and the automobile industry was booming. Sears, Roebuck began as a small mail order company, and later transformed into a nationwide chain of retail department and specialty stores, which included appliances and auto service centers (Emmit, Jueck and Rosenwald, 1951). In the late 1980’s Sears began to see a drop in revenue due to similar market retailers setting up shop nationwide. This created a number of hardships for Sears. On June 11, 1992 The California Department of Consumer Affairs charged seventy-two of Sears, Roebuck’s auto repair centers with defrauding customers by performing unnecessary service and repairs (Fisher, 1992). The Department’s Automotive Repair division charged Sears repair centers with fraud, false advertising, failure to clearly state parts and labor on invoices along with making false and misleading statements a (Fisher, 1992). This case is unique because, it was the first time The Consumer Department of Affairs had targeted the statewide operations of a company (Gellene, 1992). This paper will discuss the events that led up to over forty states seeking the revocation of licenses held by Sears auto centers, along with the types of fraud committed.
Madura, Jeff. What Every Investor Needs to Know About Accounting Fraud. New York: McGraw-Hill, 2004. 1-156
In 1952, John Rigas paid $100 for a cable TV franchise in Pennsylvania and ran it as a small family business with only 25 customers. (Bennett, Thau, Scouten, 2005) The business was expanding and in 1972, the company was officially incorporated as Adelphia Communications Corporation. Shortly after, in 1986, Adelphia started publicly trading on the NASDAQ stock exchange. In the 1990s, in the light of a weakening cable industry, Adelphia began expanding into Internet access, paging services and business telecommunications for which it used cash, stock and debt to finance numerous acquisitions. (Bennett, et al) Adelphia’s fraud was finally discovered in March 2002, when Tim Rigas, the company’s CFO revealed that Adelphia owes $2.3 billion in loans made to partnerships run by the Rigas family. This revelation resulted in SEC’s investigation that discovered fraud activities which dated as far back as mid-1999. Shortly after, all members of Rigas family resigned from Adelphia. When Adelphia’s fraud was finally discovered, in March 2002, the price of its stock went from $28 to 79 cents within a month. (Bennett, et al)
... the business because they could possibly have no building for their dad’s pawn shop business come the end of the lease term. Before Mr. Workman took over the company was valued at $350,000 by a Certified Valuation Analyst (CVA), but after a few years under Mr. Workman I’m sure the company valuation would be considerably less based off of the many fraudulent transactions. The cash flow of the company is another aspect affected by Mr. Workman’s fraud. After a few calculations, I was able to determine that the variances actually match the retained earnings. Which is usually a result of accounts not going together and amounts being staged. The company reputation is unfortunately shattered after these finding these accounts of fraud, because no one will want to pawn their stuff with a business that is known to take pawned items or give you an unfair loan on your stuff.
Rent-to-Own centers have a tremendous appeal for low income customers. The chain gives them immediate use of brand name merchandise without future obligations. The poor and nearly poor make up the vast majority of RTO customer, 80 per cent of the stores’ customers live within a three to five mile radius of the store. The main critical issues that we found regarding RTO business practices are: taking advantage of low income people, no credit checks, overcharging- 100 per cent to 300 per cent interest rates, high pressure sales, repossession tactics, and government regulations of the industry.
This report gives the brief overview of the concept of corporate governance, its evolution and its significance in the corporate sector. The report highlights various key issues and concerns that are faced by the organizations while effectively implementing and promoting Corporate Governance.
Scholastic Company is a multibillion dollar children’s book publisher and distributor with more than 9,000 worldwide employees (Scholastic Inc., n.d.). Scholastic leases some of its physical office and storage locations and equipment (as cited in Gibson, 2011). Cornaggia, Franzen, and Simin (2013) noted the reasons firms lease may be the result of a company’s financial distress which prevents sufficient capital being raised to purchase instead of leasing. They also suggested if profitability of the firm is not at issue, leasing can be used to reduce taxes thus reducing borrowing costs. Though the reason for maintaining material lease obligations is not disclosed in its financial statements (as cited in Gibson, 2011), Scholastic’s ability to satisfy its long-term commitments is important for investors, creditors, and management. The long-term borrowing capacity of Scholastic can be determined through an analysis of its times interest earned, fixed charge coverage, and debt ratios.
Now with all these rules and regulations in place to create a sense of trust in the business accounting community, within a year the first CEO was punished under the new set of laws. This means that these CEO’s knowingly signed off on fraudulent or untrue documents. “Chief Executive Officer Calixto Chaves and Chief Financial Officer Gina Siqueira settled the charges, with Chaves agreeing to pay a $25,000 fine. Siqueira cooperated with the SEC and will not be required to pay a fine. The two executives and the company itself agreed to be subjected to stiffer future penalties if they violate SEC laws again. The two, who are Costa Rican residents, did not admit to or deny the charges.” (Yun). These two executives were not deterred by the laws or
Ultimately, a strong ERM program will allow the organization to manage risk successfully by instilling an ongoing process. The importance of enterprise risk management is to ensure that the program is not managed in individual departments, but rather utilizing a holistic approach. According to Fraser & Simkins, in the text, Enterprise Risk Management, the common result of a stove-pipe approach to risk management is that risks are often managed inconsistently these risk may be effectively managed within an individual business unit to acceptable levels, but the risk treatments or lack thereof selected by the manager may unknowingly create or add to risks for other units within the organization.
Introduction Compliance is an enterprise-wide responsibility that does not pertain to any one department. The General Counsel (“GC”) and Chief Compliance Officer (“CCO”) both exercise compliance functions in an organization. Different regulations such as the Sarbanes-Oxley Act of 2002 and the United States Federal Sentencing Guideline (“Guidelines”) have specified what they expect from an organization regarding the adoption and execution of an effective compliance program. Generally, the duties of the compliance department in an organization (public or private) is intertwined to that of the legal department, and both have a duty to perform during an internal audit of the organization.
“Enron incorporated “mark-to-market accounting” for the energy trading business in the mid-1990s and used it on a huge scale for its trading transactions. These rules, when companies have outstanding energy-related or other derivative contracts (either assets or liabilities) on their balance sheets at the end of a particular financial quarter must be adjusted to fair market value, declaring unrealized gains or losses to the Balance Sheet of the period” (C. William Thomas, 2002). Andrew Fastow, the CFO, The CEO Jeff skilling and its former ...
The objectives of operation, reporting, and compliance are represented in the column. Components are represented by the rows regarding the ERM. The third dimension is the entity’s organizational structure. It demonstrates clear how and how counteract low risk tolerance and high risk appetite. Risk reduction is obtained by facilitating effective internal control with a broad scope that reflects changes in the framework to risk management with ERM. The framework requires adaptability which enables flexibility due to a overlap of functions of identify, assessing, and responding to risks within operations, reporting, and compliance. Activities, information, communication should be monitored, evaluated, and identified for response are part of the ERM for effective and efficient risk management. The concept of risk appetite and risk tolerance is introduced because the identification of potential events affecting achievement can be managed. Also, the process requires communication, consultation before and monitoring and review after every decision or action (McNally, 2015). The financial principles to risk management are effective risk management creates value, integration, decision making, address uncertainty, systematic structure, and facilitated continuous improvement. The financial principles form effective and efficient management within a firm. Financial principles help ERM with risk
Control and system design to ensure that the activities and processes of the organization are conducted in accordance with the corporate rules and objectives
The office of the Director of Corporate Enforcement (ODCE, 2015), Ireland defines Corporate Governance as “the system, principles and process by which organisations are directed and controlled. The principles underlying corporate governance are based on conducting the business with integrity and fairness, being transparent with regard to all transactions, making all the necessary disclosures and decisions and complying with all the laws of the land”. It is the system for protecting and advancing the shareholder’s interest by setting strategic direction for the firm and achieving them by electing and monitoring the capable management (Solomon, 2010). It is the process of protecting the stakes of various parties that have their interest attached with a company (Fernando, 2009). Corporate governance is the procedure through which the management of the company is achieving the goals of various stake holders (Becht, Macro, Patrick and Alisa,