Unit 2 Disc

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Jan 9, 2024

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Acct 114 Accounting I Unit 2 Discussion Ethics and Financial Statements November 17, 2023 The Impacts of Corporate Scandal on Accounting Ethics The accounting profession has been conditioned by the sudden and constant changes brought by recent corporate financial scandals. The concept of accounting is not a new or unknown concept, and includes the processes of planning, control, analysis, and informing. Furthermore, as in any profession, there are certain rules of behavior, or professional ethics that should be adhered to too. In the accounting profession, the goal of accountants and auditors is to guide an organization using their professional knowledge and skills, with respect and loyalty to all ethical principles and codes of professional ethics. Accountants are expected to provide correct and reliable information to both the organization and the public, making certain that ethical standards are important for judging credibility and quality of the work done. In addition to behaving in accordance with rules that ensure confidence in the accounting profession itself (Marincic, et.al., 2020). To understand the importance of ethics in accounting, I will analyze four corporate firms that added to the greed and misdeeds that saw billions of dollars lost destroying not only companies, but people’s lives from the excessive greed of those hungry with power, that defined the corporate corruption that brought a need for the most sweeping corporate accountability reforms since Frankline Roosevelt (Whitehouse Archives, 2004), and the impacts they had on accounting ethics. 1998: Waste Management was a waste management company based in Houston, Texas, founded by CEO and Chairman Dean L. Buntrock. Recently appointed CEO Maurice Meyers and his management team discovered the reporting of an estimated $1.7 billion in fake earnings from 1992, well into 1997. In March 2002 the SEC charged Dean Buntrock (Founder & Chairman of the Board), Phillip Rooney (President and CEO), Thomas Hau (Vice President, Corporate Controller & Chief Accounting Officer), and Herbert Getz (Senior Vice President, General Counsel & Secretary) with perpetrating a massive fraud that lasted more than five years, alleging the defendants willingly engaged in a systematic scheme that falsified and
misrepresented WM’s financial results, overstating profits by $1.7 billion (Gray, 2019). Judgement: Defendants were ordered to pay over $30 million in penalties restitution. All defendants are prohibited from acting as an officer or director of a public company indefinitely and Getz was barred from practicing law for a period of five years (SEC, 2002). Auditor Arthur Anderson was ordered to pay $7 million in restitution (Gray, 2019). 2002: WorldCom Telecommunications was incorporated in Georgia and based out of Mississippi provided a broad range of communication services to businesses and consumers in more than 65 countries (SEC, 2005). An internal audit in June 2002 by then Vice President of Internal Audits, Cynthia Cooper, and auditor Gene Morse, discovered fraudulent balance sheet entries that totaled billions (Hayes, 2023). On March 2, 2004, Bernie Ebbers was indicted with charges of conspiracy and security fraud by federal authorities, and on May 25, 2004, federal prosecutors stepped in and escalated the list of charges to 9 felonies, adding 7 counts of filing false statements with securities regulators. A superseding indictment was also served on Scott Sullivan, WorldCom’s Chief Financial Officer (FBI National Press Release, 2004). Ebbers and Sullivan engaged improperly and fraudulently concealed the true operational and financial results and overstated reported income by $9 billion (SEC, 2004). Judgement: In 2002 it was ordered SEC’s monetary penalty judgement of $500 million in cash and the transfer of $250 million in common stock under the reorganized company that emerged from Chapter 11 Bankruptcy (MCI) to be transferred into a fund for later distribution to victims of the company’s fraud. They were also ordered to establish training and education to minimize the possibility of future violations of the federal securities laws. Four additional civil actions were filed against WorldCom employees in September and October 2002 (SEC, 2003). Both Sullivan and Ebbers were ordered to turn over all personal assets to be put in trust for affected shareholders (Courtlistener, 2004). Key Players: Scott Sullivan, former CFO, was found guilty from the U.S. Attorney’s Office to criminal charges, where he served five years due to testifying against Bernie Ebbers and others involved (Courtlistener, 2004). Bernie Ebbers, former CEO, was found guilty from the U.S. Attorney’s Complaint to criminal charges and sentenced to 25 years in prison, to which he was released in 2019 due to medical problems listed formerly as Dementia and passed away in 2020. (Courtlistener, 2004). 2002: Tyco International was a security solutions and fire protection company, as well as the world’s largest supplier of undersea fiber optic
cable with operational headquarters based in New Jersey. Involved in the scandal were CEO and Chairman Dennis Kozlowski and CFO Mark Swartz. SEC served complaint that alleges inflated operating income of $567 million from connection fees that were purchased as security monitoring contracts, failed to disclose proxy statements and annual reports on certain executive compensation, executive indebtedness, and related party transactions of its former senior management totaling an additional $150 million (SEC, 2006). Tyco funneled $500 million through acquisitions, unapproved loans, and fraudulent stock sales that had been taken out as executive bonuses and benefits. The scandal started with Kozlowski being investigated for evading $13 million in New York sales tax on paintings purchased for a 5 th avenue apartment he maintained for personal use by Tyco. Kozlowski resigned in 2002 and the new CEO, former head of Motorola, Edward Breen and he fired CFO Mark Swartz a week later, bringing to light financial statements pointing at Kozlowski’s widening problems. A Manhattan district attorney started an investigation to examine who was paying for Kozlowski’s personal expenses. Kozlowski was included $30 million spent to buy and decorate the New York apartment, and a $2.1 million birthday party for his then wife on the island of Sardinia, where Jimmy Buffet was imported for her entertainment for an additional $250,000, costing a total of $70,000 per guest for this six-day event. Mark Swartz was also indicted on September 12, 2002, for stealing $170 million through non-approved bonuses. Both Kozlowski and Swartz were charged with larceny for $430 million in stock sales with inflated process because the company’s finances weren’t properly disclosed. Tyco’s general counsel, Mark Belnick, was also indicted for not disclosing loans from Tyco and the $12 million bonus Belnick received after he convinced the SEC not to bring charges of theft because the loans had not been authorized. After being bailed out, Swartz was then charged with tax fraud and Tyco’s new management reversed all the loan forgiveness of those loans from the tax fraud and demanded repayment (Markham, 2006). Judgement: The first trial of Kozlowski and Swartz lasted for six months on the count of grand larceny which resulted in a mistrial. A retrial was set for 2005. The retrial was on the side of the prosecutors and after eleven days of deliberation both were found guilty of all charges and sentenced to eight to twenty-five years in prison. A class action suit forced them to pay back $2.92 billion to investors (Markham, 2006). 2003: HealthSouth Corporation in Birmingham, Alabama was one of the country’s largest healthcare providers of outpatient and rehabilitation services in the U.S. with over 1800 operating locations and had reported revenues of approximately $4 billion. Company founder and chairman, Richard Scrushy was indicted by the SEC on March 19, 2003, on 85 counts
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