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Ethical issues surrounding accounting scandals
Ethical issues surrounding accounting scandals
Ethical issues surrounding accounting scandals
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In today’s business world, an accountant and business owners should work together in order to become aware of scandals that occur in corporate companies. Since 2008 a series of corporate scandals and collapses have highlighted the importance of effective board oversight. One of the largest scandals in the corporate world was known as the Madoff’s Ponzi scheme. I will discuss the details of how an accountant allowed Maddoff to continue with his involvement in the Ponzi scheme. Since then, the board of accountancy is mandating that all corporate companies have good internal controls and getting more involved managing risks within the organization. This is becoming an essential role in maintaining a good system of internal control. David G. Friehling was the outside auditor for Bernard L. Madoff’s securities firm (BMIS) during the Ponzi scheme and also handled Madoff’s …show more content…
enabled the Madoff’s Ponzi scheme to go on for a long time by falsely stating that BMIS financial statements during an annual audit report time it was pursuant to Generally Accepted Accounting Standards, including the requirements to maintain auditor independence and perform audit procedures regarding custody of securities. According to the SEC’s complaint, David “did not conduct any audit procedures to BMIS internal controls.” He routinely failed to make inquiries about the paperwork or request backup documents. He also lied to the American Institute of Certified Public Accountants for years and denied that he conducted audit work so he did not have to go through the peer review process. He invested his and his family’s personal money into Bernard L Madoff Investment Company. Accountants aren’t allowed to audit broker-dealers with whom they are investing. They would be violating the code of Ethics, which state that an accountant or their families should not personally invest in a client’s company having the insight knowledge that it will turn a
After 8 years the SEC finally found the scheme controlled by Madoff. In December 2008 Madoff was found guilty; however, stayed under house arrest by the until his trial in March of 2009. He was not arrested because of the 10-million-dollar payment which allowed him to stay under home surveillance until the trial. While at home, he and his wife, mailed valuables such as jewels and jewelry to family members. In March of 2009, Bernard Madoff was finally found guilty and was sentenced to 150 years in prison. On the day of his arrest, the FBI found 100 checks that totaled $173 million dollars that were made to friends, family, and
Lies were the beginning of the end. Neither Madoff or his partners were licensed to be financial advisors for the number of clients they represented and they knew this. The client regulations stated that if you were not licensed then you could have no more than 15 clients and Madoff had 3,200 clients. This one simple violation could have shut down the entire operation if it had been enforced from the start.
After having them signed as investors to his company, he would pay them very handsome returns and in gaining their trust, they would give him extremely positive feedback, which would eventually attract more investors. In addition, Madoff would capitalize on his business having this foresight of exclusivity. His promise to investors of a 10percent return annually was never openly questioned until 2001 and 2005. Articles and magazines were written, and the person in question was none other than Madoff himself. The SEC would request reports throughout the life cycle of his operation, but Madoff would escape their radar by instructing his employees to construct false trading records and monthly investor statements. Moreover, Madoff would also gain money from fees on investors through feeder funds, which are funds that combined money from other investors and were then transferred to a Madoff Securities account. Another reason Madoff escaped from the SEC is through his family. At some point in time, SEC boss Christopher Cox ran an internal investigation and found out that one of his own employees from the SEC, Eric Swanson, was in charge of monitoring Msdoff’s firm, who also happened to be married to Madoff’s niece. The last reason Madoff managed to hide his Ponzi scheme so well was due to his veteran
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).
In May 2002 the SIPC trustee filed a 255.3 million lawsuit against the Madoff family. Madoff company BLMIS ended on December 11 2008 when he was arrested for stealing his customer’s money. For more than 50 years Madoff s company money from people and on June 29th 2009 he pleaded guilty "to 11 counts Complaint and was sentenced as a hundred fifty years in prison"(Lewis, 2013
The Bernie Madoff Ponzi Scheme is a well-known case and is known as one of the biggest Ponzi scheme’s. In summary the scheme occurred for many reasons that I will some up into 3 points; A lack in competency by regulatory agencies, a lack of regulation, and finally a breach in ethics by Bernie Madoff himself. To explain further, the regulatory agencies like the lawyers and SEC are supposed to prevent schemes such as this one from happening but because they lacked the skills to correctly assess the situation, interpreting the number of tips they had received regarding scheme that had been filed, and to act on those in an efficient manner. One of the tips was made by Harry Markopolos in 2000, of who correctly predicted that Madoff was guilty of fraud. Even after this tip from Markopolos, Madoff was not arrested until 2009. Many family members were also a part of the fraud along with some non-family members such as Frank DiPascali and a team known as the 17th floor team, who helped Madoff carry out his fraud. The idea behind Madoff’s fraud was that he would produce false statements of their investments and when people wanted to pull out their investments, the money wasn’t actually there, which rightfully rose more than a few eyebrows and ultimately led to his arrest.
He pointed out that BMIS reported only seven small monthly losses in 174 months (14.5 years) (Shafritz, Russell, Borick 2013). The SEC failed to act on any of his information. Markopolis said that he “gift wrapped and delivered the largest Ponzi scheme in history to them and somehow they couldn’t be bothered to conduct a thorough and proper investigation because they were too busy on matters of higher priority (Shafritz, Russell, Borick pg.350).” During subcommittee hearings, claims were made that the SEC is too close to big players in the financial world, causing a fog within the commission. The SEC responded slowly to tips about Madoff’s Ponzi scheme because they did not have the right employees in place. The SEC has relied more on a group of young attorneys and lifelong government employees to do its business (Shafritz, Russell, and Borick, 2013). In the end, Bernie Madoff could not keep up with all his lies when the economy went bad. He turned himself before anybody in the SEC had started an investigation into his Ponzi scheme. Markopolis stated in a 60 minutes interview, “That’s typically how the SEC does it. They come in after the crime has been committed, they toe tag the victims, count the bodies, and try to figure out who the crooks were, after the fact, which does none of us any good (60 minutes interview).
Since the investment markets trust these advisors, they tend to take advantage of them by running these fraudelent schemes. Bernie Maddof and Robert Anderson are culprit of these acts. The SEC has their investigative team but they are known not to follow up on theor findings. Back in the early when the team was first made aware of Bernie Maddod’s case, the Boston office of the SEC refused to take it any further. The SEC accepted that not escalating the Bernie Maddof case was a big blunder as described by their former Chairman Arthur Levitt. Mark Williams, “a finance professor at the Boston University School of Management” believes “the SEC must develop a stronger risk filter that will quickly flag investment advisers which exhibit higher risk characteristics” in handling these cases. With Mr. Williams approach, the SEC will need treat every indication of fraud with as high risk or as if I happened. Using the red flag system could have helped the SEC uncover Maddof when his dealings was tipped in 2000 through their whitsleblower system. An SEC historian, Joel Seligman also shared the same opinion as Chairman Levitt claiming "This is a debacle for the SEC”. During my study to write this report what I
To sum it all up, Bernard Madoff failed because he abused his leadership skills and he was oblivious to others well-being. His leadership style is also comparable to power abuse and corruption, which was stated in the PowerPoint lecture for week three. He used his leadership style as leverage to lure investors into investing into his pockets. He lacked empathy towards others because if he really cared about his investors he would have stopped his scheme a long time ago. Whenever people with high power abuse their power they often fail because of the corruption they cause. Some people cannot handle having power and having a great leadership style because they will feel the need to take advantage of others just as Bernard Madoff. Overall, Madoff
Bernard Lawrence "Bernie" Madoff is an American imprisoned of fraud and a former stockbroker, investment advisor and financier. He was the former non-executive Ponzi sheme chairman of the NASDAQ stock market along with and the admitted operator of a Ponzi scheme , which till now is the largest financial fraud in U.S. history. He used to pay returns to its investors from new capital paid to the operators by new investors, rather than from profit earned by the operator. Madoff started the Wall Street firm Bernard L.Madoff investment Securities in 1960. He was its chairman until the day he got arrested on December 11; 2008.He is currently serving a life sentence of 150 years.
Scott Rothstein was a lawyer based in Florida. He used the Ponzi scheme to supply his lavished lifestyle. He persuaded his victims to invest in a constructed settlement with the guarantee of 20% on return within three months of investing. Rothstein is serving a 50 years sentence for $1.4Billion of fraudulent investments and his wife is serving a 1.5 years sentence.
For over a decade this scandal went unseen. Part of the reason could be the way Madoff handled his hedge fund. When the end of the month came around, Madoff made sure to sell all stock and financial tools. This was done so he only had the cash invested to report to the authorities. Another way he got away with this for so long is because his investors were not given an online access.
Madoff only had $200 million to $300 million left to give. How Madoff got away so many years is by having many years of experience of experience of being a well-versed and active member of the financial industry. In 1960, he started his own market firm and helped launch the NASDAQ stock
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.
The Bernard Madoff case focused on how Madoff had fooled his investors by paying them high returns out of their own money or that of other investors and didn’t engage in any effective activity to create a profit. Madoff had founded his firm, Bernard Madoff Investment Securities (BMIS), in 1960 with his savings from his lifeguarding career and borrowings from his father-in-law. Madoff’s firm continued to grow and had grown a reputation on Wall Street. Most of the major positions in his company were occupied by family members and his auditing was done by an unknown accounting firm which only had three staff members. Bernard Madoff was in charge of all major roles – he was the real sole decision-maker, the transaction executer, the assets manager,