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Worldcom scandal case study
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Investment Risk in Stock Market Securities
Introduction:
Stories of people making fortunes from the securities market have enticed many others into risky investments. Congress created the Securities & Exchange Commission (SEC) to protect investors. Many corporation managers became greedy and made self-serving decisions that created the principle-agent problems. The solutions for these problems lead to more unethical behavior from management. The creative use of financial statements even tricked analysts and brokers. Public trust began to erode with unethical corporation behavior. Analyst's suspicions of some corporations cooking the books were confirmed with an announcement from WorldCom. The public's distrust started to mount while accusing brokers of hyping stocks. People began to invest without brokers' advice. With numerous risks rising for individual investors, Congress passed the Sarbanes-Oxley Act and the SEC responded by passing the Reg AC act.
Ordinary Investors Enter the Market:
Golden opportunities lie ahead for those who invest well in stock market securities. "The stock market, which was once the province of the very rich, is now easily accessible to millions of ordinary investors." (Ethical Issues in Financial Services). Ordinary investors have flooded stock market securities with money in hopes of striking it rich. Many people were told by investment brokers the stock market securities are safer than it used to be. They were informed the Security and Exchange Commission (SEC), and the National Association of Securities Dealers (NASD) are the watchdog for the small investor.
Congress Acts to Protect Investors:
Congress created the SEC shortly after the 1929 stock market crash in order to protect investors. Their goal was to restore investor confidence and faith in the financial sector, which was notorious for fraudulent activities, easy credit, and hazardous investments. (Investopedia). The NASD is the largest self-regulatory organization (SRO) in the securities industry in the United States. An SRO is a membership-based organization that creates and enforces rules for members based on the federal securities laws. SROs, which are overseen by the SEC, are the front line in regulating broker-dealers. (Investopedia). In addition to federal regulations most states have created blue-sky laws to protect investors from fraudulent security offerings. (Finance). Even with these safe guards many companies have participated in fraudulent financial activities such as off-balance-sheet reporting and fooled many brokers and analysts.
Shareholders and Corporation Management Conflicts:
In the mid to late 1990s many shareholders of corporations were discovering management and executives were making self-serving decisions. Dishonest managers were increasing their expanses with corporate owned vacations villas, high salaries and excessive perks for themselves.
The Sarbanes-Oxley Act of 2002 (SOX) was named after Senator Paul Sarbanes and Michael Oxley. The Act has 11 titles and there are about six areas that are considered very important. (Sox, 2006) The Sarbanes-Oxley Act of 2002 made publicly traded United States companies create internal controls. The SOX act is mandatory, all companies must comply. These controls maybe costly, but they have indentified areas within companies that need to be protected. It also showed some companies areas that had unnecessary repeated practices. It has given investors a sense of confidence in companies that have complied with the SOX act.
The Sarbanes-Oxley Act was drafted to encourage and protect whistleblowers from retaliation after the fraud scandal that cause the collapse of Enron in 2001. In a 2010 Senate Report found that “external auditors detected only 4.1 percent of uncovered fraud schemes, “whistleblower tips detected 54.1% of uncovered fraud schemes in public companies” and were thirteen times more effective than external audits” (Turpan, 2016). Whistleblowers serve an important service to the public and are more effective than external audits. The CFAA has been used to by employers to retaliate against employees who act as informants for agencies like Internal Revenue Service or Security Exchange Commission to expose fraud. There employees, not to their financial gain, gather information as evidence of fraud by the company. With a broad interpretation of CFAA, the employee would "exceed their authority" and was "unauthorized" to access the information, therefore allowing the company to hide their illegal
Throughout the past several years major corporate scandals have rocked the economy and hurt investor confidence. The largest bankruptcies in history have resulted from greedy executives that “cook the books” to gain the numbers they want. These scandals typically involve complex methods for misusing or misdirecting funds, overstating revenues, understating expenses, overstating the value of assets or underreporting of liabilities, sometimes with the cooperation of officials in other corporations (Medura 1-3). In response to the increasing number of scandals the US government amended the Sarbanes Oxley act of 2002 to mitigate these problems. Sarbanes Oxley has extensive regulations that hold the CEO and top executives responsible for the numbers they report but problems still occur. To ensure proper accounting standards have been used Sarbanes Oxley also requires that public companies be audited by accounting firms (Livingstone). The problem is that the accounting firms are also public companies that also have to look after their bottom line while still remaining objective with the corporations they audit. When an accounting firm is hired the company that hired them has the power in the relationship. When the company has the power they can bully the firm into doing what they tell them to do. The accounting firm then loses its objectivity and independence making their job ineffective and not accomplishing their goal of honest accounting (Gerard). Their have been 379 convictions of fraud to date, and 3 to 6 new cases opening per month. The problem has clearly not been solved (Ulinski).
The Enrons and Worldcoms made it clear that the financial markets cannot be left under the auspices of corporate directors and officers, without oversight authority. "The corporate abuses and fraud that Enron exemplified, while not a first in the financial markets, they were certainly a first in terms of the magnitude of the losses to stockholders and the confidence the public reposed in the financial sector (Bequai 2003)." As a result of the stock market crash of 1929 regulations such as the Securities Act of 1933 and Securities Exchange Act of 1934 were established to prevent such practices as those that contributed to the downfalls of Enron and Worldcom.
The general public in today’s society only see’s the outside appearance of the world’s big companies instead of looking at the inner exterior of all corporations. For example Enron a United States exchange Corporation collapses in 2001. The energy exchange company went into bankruptcy after being established since 1999, the company’s executive selected an accountant that in the end dishonestly inflated Enron’s profits. Many leaders inside on Enron’s corporation were stealing large amounts of money over a period of time. This dilemma was seen as a bad performance of an unstable business corporation.
Although only required to discuss two associations this writer thought it was important to discuss the SEC as they are directly connected to FINRA in that they take litigation cases, and fraud cases from FINRA and follows up on whether any security laws or criminal laws were broken. Once they investigate the wrong doing they proceed with the corrective action that best suits the offense not excluding criminal prosecution and jail time. According to the Securities and Exchange Commission (2014) website the mission of the SEC is to “protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation”. The SEC was created to ensure that all investors big or small have a fair and unbiased account of a companies transactions and current state of affairs.
Cheap and efficient trading is what securities traders wanted and that is what they got. Volumes transacted saw unprecedented increases, with the average daily number of trades going through the ceiling”(1.) This attests to the idea that with the advances made in technology today, Wall street will not be able to keep up. The “nerds” of society will be able front run the stock market and make more money in seconds than anyone could ever imagine.
"This is why the market keeps going down every day - investors don't know who to trust," said Brett Trueman, an accounting professor from the University of California-Berkeley's Haas School of Business. As these things come out, it just continues to build up"(CBS MarketWatch, Hancock). The memories of the Frauds at Enron and WorldCom still haunt many investors. There have been many accounting scandals in the United States history. The Enron and the WorldCom accounting fraud affected thousands of people and it caused many changes in the rules and regulation of the corporate world. There are many similarities and differences between the two scandals and many rules and regulations have been created in order to prevent frauds like these. Enron Scandal occurred before WorldCom and despite the devastating affect of the Enron Scandal, new rules and regulations were not created in time to prevent the WorldCom Scandal. Accounting scandals like these has changed the corporate world in many ways and people are more cautious about investing because their faith had been shaken by the devastating effects of these scandals. People lost everything they had and all their life-savings. When looking at the accounting scandals in depth, it is unbelievable how much to the extent the accounting standards were broken.
In modern day business, there can be so many pressures that can cause managers to commit fraud, even though it often starts as just a little bit at first, but will spiral out of control with time. In the case of WorldCom, there were several pressures that led executives and managers to “cook the books.” Much of WorldCom’s initial growth and success was due to acquisitions. Over time, WorldCom discovered that there were no more opportunities for growth through acquisitions when the U.S. Department of Justice disallowed the acquisition of Sprint.
Leinweber, D. J., & Madhava, A. N. (2001). Three hundred years of stock market manipulation. The Journal of Investing, 7-16.
During the 1920s, approximately 20 million Americans took advantage of post-war prosperity by purchasing shares of stock in various securities exchanges. When the stock market crashed in 1929, the fortunes of many investors were lost. In addition, banks lost great sums of money in the Crash because they had invested heavily in the markets. When people feared their banks might not be able to pay back the money that depositors had in their accounts, a “run” on the banking system caused many bank failures. After the crash, public confidence in the market and the economy fell sharply. In response, Congress held hearings to identify the problems and look for solutions; the answer was found in the new SEC. The Commission was established in 1934 to enforce new securities laws that were passed with the Securities Act of 1933 and the Securities Exchange Act of 1934. The two new laws stated that “Companies publicly offering securities must tell the public the truth about their businesses, the securities they are selling and the risks involved in the investing.” Secondly, “People who sell and trade securities must treat investors fairly and honestly, putting investors’ interests first.”2
The Tyco accounting scandal is an ideal illustration of how individuals who hold key positions in an organization are able to manipulate accounting practices and financial reports for personal gain. The few key individuals involved in the Tyco Scandal (CEO Kozlowski and CFO Swartz), used a number of clever and unique tactics in order to accomplish what they did; including spring loading, manipulating their ‘key-employee loan’ program, and multiple ‘hush money’ payouts.
...s. Some major elements of the act are the Public Company Accounting Oversight Board (PCAOB), corporate responsibility and enhanced financial disclosures. The PCAOB oversees auditing firms to ensure that they comply with specific processes for compliance audits. Title III of the act mandates that executives take personal responsibility for the accuracy of financial statements. It also contains specific guidelines for the interaction of external and corporate auditors to avoid conflicts of interests. In Title IV of the Sarbanes-Oxley Act, it mandates internal controls for maintaining the accuracy of financial statements and requires enhanced reviews of financial reports by the SEC. After the devastation that was the Enron Scandal, the Sarbanes-Oxley Act is enforced to maintain the integrity of the accounting profession to ensure that such an event does not reoccur.
Brown, M. T. 2005. "The Species of the World. " Corporate integrity: rethinking organizational ethics, and leadership, Cambridge University Press, Cambridge. O'Brien, J. & Co., Ltd. 2007. The 'Secondary' of the 'Secondary' of the 'S Private equity, corporate governance and the dynamics of capital markets, Imperial College Press.
Hoping to soon enter the market, I worked at a nearby retirement home for several months and earned a little money. To help me buy more stock, my father agreed to match any amount of money I invested. I told Tom about the plan, and he thought it was fantastic. The next day, I had a stock portfolio and dreams of retiring by age 30. Three years have elapsed since that fateful November morning, and every two weeks I religiously place part of my retirement home paycheck into the market. Every small-time investor probably dreams of making a million dollars; I was no different. I pictured my meager investments taking off and my becoming a professional trader. August 31 quickly jolted me back to reality, and I was reminded of that infamous expression my father told me. No one really plays the market for experience; that's just what people say after losing money. Nevertheless, even though I'm not a multimillionaire, the experience and knowledge that I gained investing in stocks and following the financial markets is priceless and helped me define my career ambitions. Living in Charlotte has exposed me to the single largest banking merger in history, which made the city one of the world's major banking centers. The combination of my personal financial involvement, late night conversations with my dad, and observing first hand the sheer magnitude of the banking industry inspires me to turn my current hobby into something much greater! I've decided to become an investment