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Chapter 13 Liability, Asset and Inadequate Disclosure Fraud MEGAN FERRIS 1

Chapter 13 Inadequate disclosures

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  • 1. Chapter 13 Liability, Asset and Inadequate Disclosure Fraud MEGAN FERRIS 1

2. Agenda Identify fraudulent schemes to understate liabilities Identify fraudulent schemes to overstate assets Identify fraudulent schemes with inadequate disclosure fraud Look at case in relation to asset and liability fraud Waste Management AIG WorldCom Satyam 2 3. Understatement of Liability Fraud 3 4. Understatement of Liability Fraud Understatement of Accounts Payable Record payables in subsequent periods or dont record purchases Overstate purchase returns and purchase discounts Record payments made in later periods as being made in earlier periods Analytical symptoms Accounts Payable balances that appear to high Purchase or COGS figures that appear to low Purchase returns or discounts that appear to high 4 5. Understatement of Liability Fraud Understatement of Accrued Liabilities Not record accrued liabilities Record accruals in a later period Analytical Symptoms Expenses and/or accrued liabilities appear to low e.g. payroll, rent, interest, utilities Income that is to smooth 5 6. Understatement of Liability Fraud Recognising unearned revenue as earned revenue Record unearned revenues as earned revenues (and vice versa with cookie jar reserves) Analytical Symptoms Liability balances that appear to low Revenue accounts that appear to high 6 7. Understatement of Liability Fraud Under-recording future obligations Not recording warranty (service) liabilities Under record liabilities Record deposits as revenues Not recording repurchase agreements and other commitments Analytical symptoms Warranty, repurchase or deposit accounts that appear to low Compare to another account 7 8. Understatement of Liability Fraud Not recording or under recording various types of debt Borrow from related parties at less than an arms length transaction Dont record liabilities Write off liabilities as forgiven Claim liabilities as personal debt rather than debt of the entity Analytical symptoms Unreasonable relationship between interest and debt Significant decreases in recorded debt Significant asset purchases with no recorded debt Liability balances that appear to low 8 9. Understatement of Liability Fraud Omission of contingent liabilities Don't record probable contingent liabilities Record contingent liabilities at to low of an amount Analytical symptoms Not very useful to discover unrecorded contingent liabilities 9 10. Overstatement of Asset Fraud 10 11. Overstatement of Asset Fraud Overstatement of Cash, Short-Term Investments and Marketable Securities Record restricted cash as unrestricted Misappropriate cash without managements knowledge Misstate marketable securities with the aid of related parties Overstatement of Receivables and Inventory Overstate receivables and inventory in an attempt to cover cash theft or theft of other assets 11 12. Overstatement of Asset Fraud Overstatement of Fixed Assets Leave worthless or expired assets on the books Under reporting depreciation expense / overstate residual value / increase the useful life Overstate asset costs through related party transactions Fabricating fixed assets 12 13. Overstatement of Asset Fraud Overstatement of Assets through Merger and Acquisitions or by Manipulating Intercompany Accounts or Transactions Use market values rather than book values to record assets Have the wrong entity be the purchaser Improperly allocating book value to assets Record fictitious assets or inflate the value of assets Overstatement of Intangible or Deferred Assets Capitalise costs as intangible assets where they should be expensed 13 14. Ways to Detect Overstatement of Assets Compare changes and trends in account balances Compare changes and trends in financial statement relationships Compare financial balances with non-financial information (e.g. compare to the actual asset) Compare financial statement balances and policies with those used by other similar companies 14 15. Disclosure Frauds 15 16. Disclosure Frauds Misrepresentation about the nature of the company or its products Misrepresentations or omissions in the Management Discussion and Analysis Misrepresentations or omissions in the footnotes to the financial statements 16 17. Ways to identify disclosure fraud Look for inconsistencies between disclosures and information in the financial statements Inquire of management concerning related-party transactions, contingent liabilities, and contractual obligations Review a companys files and records with the SEC and other regulatory agencies 17 18. Waste Management 18 19. Waste Management Company: Houston-based publicly traded waste management company What happened: Reported $1.7 billion in fake earnings. Main players: Founder/CEO/Chairman Dean L. Buntrock and other top executives; Arthur Andersen Company (auditors) How they got caught: A new CEO and management team went through the books. Penalties: Settled a shareholder class-action suit for $457 million. SEC fined Arthur Andersen $7 million. 19 20. Waste Management Asset Overstatement Avoided depreciation charges by increasing useful life and salvage values Landfill development expenses improperly capitalized Expenses necessary to write off costs of unsuccessful and abandoned landfill projects not recorded Failed to record expenses for decreases in the value of landfills as were filled up 20 21. Waste Management Liability Manipulation Failed to establish sufficient reserves (liabilities) to pay for income taxes and other expenses Established inflated environmental reserves (liabilities) in connections with acquisitions so that excess reserves could be used to avoid recording unrelated operating expenses 21 22. AIG American Insurance Group 22 23. AIG Company: Multinational insurance corporation. What happened: Massive accounting fraud to the tune of $3.9 billion was alleged, along with bid-rigging and stock price manipulation. Main player: CEO Hank Greenberg. How he got caught: SEC regulator investigations, possibly tipped off by a whistleblower. Penalties: Settled with the SEC for $10 million in 2003 and $1.64 billion in 2006, with a Louisiana pension fund for $115 million, and with 3 Ohio pension funds for $725 million. Greenberg was fired, but has faced no criminal charges. 23 24. AIG Investigations around two transactions between AIG and Berkshire Hathaways General Re Corp In 2005 loans worth $500 million were dressed as revenue to boost AIGs revenue More issues have since come to light in regards to other accounting transactions 24 25. WorldCom 25 26. WorldCom Company: Telecommunications company; now MCI, Inc. What happened: Inflated assets by as much as $11 billion, leading to 30,000 lost jobs and $180 billion in losses for investors. Main player: CEO Bernie Ebbers How he got caught: WorldCom's internal auditing department uncovered $3.8 billion of fraud. Penalties: CFO was fired, controller resigned, and the company filed for bankruptcy. Ebbers sentenced to 25 years for fraud, conspiracy and filing false documents with regulators. 26 27. WorldCom Internal Audit uncovered massive fraud $3.8 billion of line expenses incorrectly recorded as capital investments Further $3.3 billion of profits incorrectly recorded. This was done through manipulation of reserves By the end of 2003 estimated that assets were overstated by $11 billion 27 28. Satyam 28 29. Satyam Company: Indian IT services and back-office accounting firm. What happened: Falsely boosted revenue by $1.5 billion. Main player: Founder/Chairman Ramalinga Raju. How he got caught: Admitted the fraud in a letter to the company's board of directors. Penalties: Raju and his brother charged with breach of trust, conspiracy, cheating and falsification of records. Released after the Central Bureau of Investigation failed to file charges on time. 29 30. Letter to the BOD The balance sheet carries as of September 30, 2008 Inflated (non-existent) cash and bank balance of Rs 5,040 crore (as against Rs 5361 crore reflected in the books) An accrued interest of Rs 376 crore which is non-existent An understated liability of Rs 1,230 crore on account of funds arranged by me An over stated debtor position of Rs 490 crore (as against Rs 2651 reflected in the books) This gap amounted to about $1.6 billion in total 30 31. Letter to the BOD The gap in the balance sheet has arisen purely on account of inflated profits over a period of last several years Started as marginal, and continued to grow Justifies his actions Nether himself or the Managing Director sold shares Did not take a dollar /rupee nor profit from the fraud None of the board members not their immediate family knew about the companies fraudulent financial position 31 32. It was like riding a tiger, not knowing how to get off without being eaten 32 33. Satyams Auditor - PWC PwC India was the auditor of Satyam Two audit partners on trial Two audit managers have been banned for life After the scandal 10% of PwC partners walked out, with many staff expected to follow PWC India was fined $6million for: Failing to act as a watchdog Failing to follow most basic auditing standards Routinely neglecting quality control 33 34. Conclusion 34 35. Conclusion Identified fraudulent schemes to understate liabilities Identified fraudulent schemes to overstate assets Identified fraudulent schemes with inadequate disclosure fraud Look at cases in relation to asset and liability fraud Waste Management AIG WorldCom Satyam 35 36. Questions? 36 37. References AICPA (2003). Fraud at Waste Management. AICPA. Retrieved from www.aicpa.org/InterestAreas/AccountingEducation/.../wastemanage.ppt Albrecht, W.S; Albrecht, C.O; C.C. Albrecht and Zimbelman, M.F. 2012. Fraud Examination. Australia: South Western Cengage Learning Callahan, D. (Nov, 2010). AIG: Before the Crash, There Was the Fraud. Retrieved from www.cheatingculture.com/accounting-fraud/2010/11/8/aig- before-the-crash-there-was-the-fraud.html Desai, M. (Sept, 2013). Satyam scam: US finds PwC 'India' guilty. Indian Express. Retrieved from www.indianexpress.com Doval, P., (Feb, 2012). ICAI bans PW India's top auditor for life in Satyam case. Times of India. Retrieved from www.timesofindia.indiatimes.com 37 38. References JJ, (Mar, 2007). WorldCom Scandal: A Look Back at One of the Biggest Corporate Scandals in U.S. History. Yahoo. Retrieved from www.voices.yahoo.com/ McKenna, F. (May, 2011). Satyam: Not The Only Case PwC Worried About. Forbes. Retrieved from www.forbes.com Raju, R (Jan, 2009). Satyam Chairman B Ramalinga Rajus statement to the Board. Retrieved from www.hindu.com/nic/satyam-chairman- statement.pdf SEC (2002). Waste Management Founder, Five Other Former Top Officers Sued for Massive Fraud. SEC. Retrieved from www.sec.gov/news/headlines/wastemgmt6.htm Tran, M., (Aug, 2002). WorldCom accounting scandal. The Guardian. Retrieved from www.theguardian.com 38