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Rite aid fraud case analysis
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Rite Aid had a major accounting scandal in the late 1990s that led to the departure (and subsequent jail time) of several top ranking executives, including the former CEO Martin Grass, former CFO Frank Bergonzi and former Vice Chairman Franklin Brown had conducted a wide-ranging accounting fraud scheme. Former CEO Martin Grass had plaid guilty and was sentenced to eight years in prison, fined $500,000, and given three years' probation for his role in a billion-dollar accounting fraud. (Grace) Former vice chairman Franklin C. Brown was the only defendant to go to trial; he was sentenced to serve 10-years in a medium-security facility and fined $21,000 with two years of probation. After serving six years in prison, Franklin C. Brown was released on January 18, 2010. (Deseret News) Former chief financial officer Franklyn M. Bergonzi was sentenced to 28 months in prison, former vice president Eric S. Sorkin received five months in jail and five months house arrest, and former vice president Philip Markovitz serve one month in jail, with five months house arrest. …show more content…
How did former CEO Martin Grass, former CFO Frank Bergonzi and former Vice Chairman Franklin Brown conducted a wide-range accounting fraud?
By deliberately falsification of their financial statements, by Martin Grass, Brown and Bergonzi. Among other things like: “Applied more than $40 million in "fictional credits" to Rite Aid expense accounts. Made $268 million in "arbitrary" changes to quarterly financial reports. Claimed $75 million in "arbitrarily inflated" or "bogus" merchandise credits from Rite Aid suppliers, such as Revlon and Johnson & Johnson. Improperly recorded $76 million in drug rebates from drugmakers such as Zeneca and Bristol-Myers Squibb. Failed to record $55 million in employee stock grant expenses.” (DiStefano) Failing to apply internal
controls Some major internal controls had not, or could not take place was because all of the individuals that were committing the fraud where the ones that were higher up. The ones that were supposed see to that all operation ran efficiency, to ensure accurate reliable accounting records. Do to the fact the all of the executives had worked together with the fraud and helped cover it up is how this was allowed to go on for a longer period of time. The only way that this illegal/unethical act was detected, was because External Audit had been done and auditors had found many errors in their recording. The only way that this illegal/unethical act can be detect sooner is due to the fact that the SOX act has been developed. Provisions, like company having external Auditors make sure that the internal auditors are following the proper procedures and ethics the PCAOB
After being seized, CenTrust sold its deposits in June 1990, to Great Western Financial Corp., Beverly Hills, California. Mr. Paul, the former chairman and CEO of the failed CenTrust Savings Bank of Miami, was sentenced to 11 years in federal prison after being convicted in a jury trial of 68 fraud-related counts in US District Court in Miami involving the spectacular collapse of CenTrust at a cost of $1.7 billion to taxpayers, and for allegedly helping arrange the sham purchase of $25 million in CenTrust securities by Bank of Credit & Commerce International. The verdict followed a six-week trial. In all felony counts, most involving allegations that he siphoned $3.2 million from CenTrust and spent it on his 95-foot yacht, his homes in Miami, his luxuries, and elsewhere during the 1980s.
I chose to analyze the third largest retail drugstore chain in the United States, Rite Aid Corporation. I chose to analyze Rite Aid Corp. because our family owns approximately 1200 shares and we have taken quite a loss on our investment. We are in the process of deciding whether or not we should sell our stock. Additionally, my Mother has been a pharmacist at Rite Aid Corp for 11 years and she often pays close attention to the financial stability of the company. We both feel that when you are employed by a corporation, that the corporation should be financially stable. A financially secure employer is one who generally offers better compensation and advancement to its employees.
The major groups that were directly affected are investors, employees, and suppliers. Here we should make the distinction between different types of investors. There are two major types of investors: insiders and outside investors. Insiders are the investors who know the information that is not known publicly and may benefit them in some way. Outside investors are the investors who only know publicly known information. In our case, outside investors was the group that lost the most. On the other hand, insiders, notably Mickey Monus and David Shapiro, were the one that gains millions on IPO. The group who suffered was employees of Phar-Mor. After the scandal was revealed, most of the stores were closed to cover up losses. As a result, thousands of employees got fired. Another party that was damaged by the scandal was Coopers&Lybrant, the firm that did the audit for Phar-Mor, lost its reputation as a firm who does an audit with integrity. The secondary effect of the scandal was the overall mistrust among investors. They thought that if a giant retailer can forge its accounting books, why smaller companies wouldn’t do the same. As a result, investors became reluctant in investing into businesses that caused harm to the economy as a whole. The last but not least group that was affected by the scandal is Phar-Mor’s suppliers. Mickey Monus was fiercely fighting with them to make the chipset deals to cover up his losses, sometimes using inappropriate pressure and causing suppliers making unprofitable deals. In additions, Monus forced them to pay fees and sponsor his basketball League using buyer power of his company. In addition, a lot of bills for supplies were unpaid for months by Phar-Mor. Some suppliers said that they hated doing business with Phar-Mor, but had no choice since it had an access to vast amount of customers.
Profits were inflated by $1.7 billion to meet earnings targets which resulted in investors losing more than six billion dollars while the perpetuators made their illegal loot. The officers were engaged in improper accounting practices to achieve their selfish objectives. These practices included among others: excluding depreciation charges on their garbage trucks, extending their useful lives, capitalized operating expenses and failed to make provisions to pay income tax and other expenses. In addition, Arthur Andersen, has been appointed auditor for a considerable period and issued unqualified audit opinions on accounts which contained many fraudulent
Though, in the case of Martha Stewart and Peter Bacanovic, I do not agree with their sentencing. Honestly, I think the judge was too lenient. In my opinion, five months in jail and five months on house arrest is a cake walk compared to others that have committed similar types of crimes. For example, Rajat Gupta was convicted of insider trading, one count of conspiracy to commit securities fraud, and three counts of securities fraud. Gupta was sentenced to two years in prison and one year of supervised release. However, he did have to pay a larger fine than Martha Stewart, which was a $5 million criminal fine (SEC,
Rather than being sticklers for following GAAP accounting principles and internal controls, this company took unethical behavior to a whole new level. They lied when the truth would have been easier to tell. It is almost as if they had no comprehension that the meaning of the word ethics is “the principles of conduct governing an individual or a group (professional ethics); the discipline dealing with what is good and bad and with moral duty and obligation”, (Mirriam-Webster, 2011). To be ethical all one has to do is follow laws, rules, regulations and your own internal moral compass, all things this company seemed to know nothing about.
Although many of her actions were parallel with fellow manager in General Accounting Troy Nordmand’s, he did not receive a prison sentence due to the fact that he attempted to leave the company (although Vinson did initially plan to resign). Conversely, Vinson was sentenced to five months in prison and five months of home detention. One particularly interesting aspect of Betty Vinson’s case is the inclusion of her concerns over taking home pay and having health insurance, in addition to the fact that she had a positive reputation and was known for doing “anything you told her”. While it is normal to have concerns over job security, the emotional appeals in her situation add a different side to the story. One could argue that she is a victim -- she could have been targeted due to her reputation, or that fear drove her to do things she otherwise would not have considered. The issue here, however, is that she facilitated the fulfillment of Sullivan’s requests and pleaded guilty to one count of securities fraud and one count of conspiracy to commit securities fraud. As far as the case specifies, despite any superior’s knowledge of Vinson’s tendencies, she was not absolutely forced to do or not do anything. Because she committed the crime and pleaded accordingly, the criminal charges and consequent sentencing was both expected and
HealthSouth is A Public company who is providing outpatient rehabilitation services, They noticed that the business is not that great as they proclaimed, business is not so profitable and it also have too much expenses which this will end up taking away from the profit and they will show lower earnings that expected so they came up with a fraudulent idea to create false entries in their books by claiming that the expenses they have is not real expenses, they called it investing like everyone understands when a business is buying a building its not called a expenses which will show the business less profitable ,it is the opposite the business is growing, the same think they did with entering regular expenses like payroll or utility expenses
In 2002, WorldCom’s bankruptcy was the largest in US history; WorldCom admitted that it had falsely booked $3.85 billion in expenses to make the company appear more profitable. Ebber who was CEO of WorldCom created fictitious some more than questionable accounting practices. Thus began the practice of taking an operating expense and reclassifyin...
Rite Aid Corporation which ranks as the third largest retail drugstore chain in the United states, control about 2,380 drugstores in 28 states across professionals pharmacy service, a full selection of health and personal care products, an assortment of general products in the nation and in the District of Columbia ( Rite Aid, 2007 ). Rite Aid has a great management team to help them with their success their team includes Chairman, President and Chief Executive Officer, Special Advisor, Corporate Strategy ,Chief Operating Officer ,Chief Administrative Officer ,Executive Vice President – Pharmacy, Executive Vice President, Store Operations ,Executive Vice President and General Counsel( Rite Aid, 2007). Differentiate between management and leadership is very different for example, response to its huge losses, Rite Aid has said it expects to spend more than $94 million to reassess and restate its financial results for 1998 and 1999( ). Furthermore, that includes rerunning mainframe-based accounting systems and paying IT people overtime to work with internal and external accountants and auditors during the process. Still, Rite Aid does not plan to replace its combination homegrown Computer Corp. accounting system
Opportunities The next part of the analysis is opportunities, which looks at the current state of the market and the current trends. It is to assess what steps the company can take to increase sales. Rite Aid can increase their sales by having more sales and promotions. It is important to note that the sales and promotions would need to be based on each area in order to be profitable.
Later that year, Dennis Kozlowski resigned. In September of 2002 then-former CEO Dennis Kozlowski, former CFO Mark Swartz, and former General Counsel Mark Belnick were sued for accounting frauds. In 2005 both Dennis Kozlowski and Mark Swartz were sentenced to 8 to 25 years in prison.
Due to such lack of monitoring, management continued to be unaware of such transactions that continued to impact the company negatively. This provided the Rigas family many opportunities to override controls since the lack of corporate governance enabled the decisions to be made by Rigas family without oversight. For example, the article “Adelphia Officials are Arrested, Charged with ‘Massive’ Fraud” discuses how Timothy Rigas had to limit himself to $1 million a month of compensation that was withdrawn from the company for personal use. All decisions were continuously made by such members of the family, in which case for Adelphia, was the team of management. With the lack of controls creating opportunity, they were free to do what they wished- which is something they took incredible advantage
By influencing the market falsely is unethical and wrong. That is also why their punishment was so harsh.
Most expensive type of fraud and occurs when management manipulates the financial statements in order to make the company appear more successful.