Adelphia
Case Summary
The Allegations: Prosecutors say members of the cable company's founding family and two former executives looted the firm "on a massive scale," spending company funds on personal expenses, such as a $12.8 million golf course. The firm has been accused of hiding business relationships between Adelphia and entities tied to the founders and for inflating its financial results.
Who's Who:
• John J. Rigas, Adelphia's founder
• Timothy Rigas, former CFO
• Michael Rigas, former executive VP
• James R. Brown, former vice president
• Michael C. Mulcahey, former vice president and assistant treasurer
What's happened: All were indicted on federal fraud charges. The SEC filed civil charges, and Adelphia sued the
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Integrity and Ethic: Concerns of whether the company had a proper ethic policies and procedures in place, and if management was enforcing it. Also, concerns about the commitment of the managers, proper transparency and corporation and input by the Audit committee. Also, concerns a centralized structure and authority, where even decisions are centered within a few persons.
5) What concerns should have been raised in the following areas of risk assessment in Adelphia strategy: changes in operating environment, new people and systems, growth technology, new business, restructurings, and foreign operations?
In regards to the operating environment, there should be transparency and control not centralized on those from the Riga’s family. Opportunities should have been given independent individuals new in the company, to be able to bring in new ideas. In regards to restructuring and foreign operations, management would have thought of restructuring the whole company, where full reliance is not placed on just those from the Riga’s family.
6) What is your opinion on the importance of independence in corporate governance? What are the most recent rules on corporate governance for public firms?
Independence in corporate governance fosters good management with no conflict of interest. A company board made-up of independent directors enables those
When auditing a publicly held company, auditors need to observe principles. The ethical principles of the American Institute of Certified Public Accountants (AICPA) Code of
An ethical audit is important to establish the company’s current weaknesses and strengths concerning how it conducts itself in an ethical manner. An ethics audit will involve evaluating the company’s standard of ethic, it ethic climate, and how well the company’s employees follow ethical standards. One of the first things to evaluate in an ethics audit is if a company has a written code of ethics and how comprehensive it is. Moreover, the written code of ethics should apply to everyone in the company from the top down with a clear zero tolerance policy in place for ethics violations. Included in a comprehensive ethics code should be a method for
To begin with, there were the obvious impacts on Adelphia executives, several businesses and banks and the cable industry itself. As most probably know, several Rigas family members paid heavy prices. John and Timothy Rigas were convicted of bank fraud, conspiracy and securities fraud. (Reference.com, n.d.). John was sentenced to 15 years in prison and Timothy to 20. Though these were noted as being some of the harshest sentences since the fall of Enron, it is important to note that these two men could have received life sentences. (Associated Press,
A lot of key factors would need to be considered when determining if a company is being ran ethically
Fraud Risk: These weakness affects all levels of the internal control environment and other areas of the company. It shows that internal controls are not as important as meeting the company’s performance outlooks. If management does not openly display ethical conduct, the expectation of fraud and misappropriation
Corporate governance: “The set of laws, policies, incentives, and monitors designed to handle the issues arising from the separation of ownership and control.” (Cornett, Adair, & Nofsinger, 2016, p. 16).
3. What are the biggest risks faced by the firm in the next 5-10 years?
As the turn of the 21st Century evolved, it appeared as if Adelphia Communications Corporation was on a direct path of success; unbeknownst to their investors and the public, they were in reality on a direct path of destruction instead. Unfortunately, Adelphia is not the first major company in the history of the United States’ business world to lose the trust of the American public, but it is certainly one of the most notable ones to do so. As the events surrounding the Adelphia scandal unfolded in full view of the public eye, a multitude of media outlets were there to broadcast the destruction and distrust to the masses leaving many wondering if the term “business ethics” was actually nothing more than just an oxymoron. Throughout this
The situation began to unfold when the Securities and Exchange Commission was probing into a restatement of the company's stock price. Kozlowski's business practices raised some eyebrows. In 1999, the Securities and Exchange Commission (SEC) initiated an inquiry into Tyco's practices that resulted in a restatement of the company's earnings. In January, 2002, questionable accounting practices came to light. Tyco had forgiven a $19 million, no-interest loan to Kozlowski in 1998 and had paid the CEO's income taxes on the loan. It was found that he company's stock price had been overrated, and that the CEO and CFO had sold 100 million dollars' worth of shares, and then stated to the public that he was holding them, which was a misrepresentation and misled the investors.
The second ethical problem in this case relates to the Rigas family’s use of publicly-held corporate funds as a personal “piggy bank.” The Rigases used the company jet for personal reasons “without approval of the Board of Directors”, on one occasion flying to Africa for a safari (Markon & Frank, 2002). On another, one of John Rigas’ sons used a corporate jet to pick up an actress friend of his (Grant, Young, & Nuzum, 2004). The former CFO claimed that Adelphia’s funds were used by one of Rigas’ sons to buy a condominium, and to build a $13M golf course (Grant, Young, & Nuzum,
In 1952, John Rigas purchased his own cable company. By the late 1990's, he had turned it into the sixth largest cable company in the United States with 5.6 million customers. The business was always run as a family style business which led to fraudulent acts among family members and upper level executives. The family has been accused of stealing $3.1 billion from Adelphia and is now facing criminal charges. Adelphia was forced to file chapter 11 bankruptcy and as of April 24, 2004, the new board of directors made the decision to break up the company and sell it. The Adelphia scandal is morally wrong because the Rigas family coerced and exploited employees, harmed all stakeholders as well as stockholders, and
money to build a golf course and club house for exclusive family use all from
The appointment of independent directors became very necessary, as shareholders looked for a way by which management became more responsible and accountable, and as such; the need for independent directors, who would not only checkmate the excesses of the board of directors, but also have the interest of the company and the shareholders at heart.
Identify the potential risks which affect the company and manage these risks within its risk appetite;
The purpose of this paper is to highlight the role of external auditing in promoting good corporate governance. The role of auditors has been emphasized after the pass of the Sarbanes-Oxley Act as a response to the accounting scandal of Enron. Even though auditors are hired and paid by the company, their role is not to represent or act in favor of the company, but to watch and investigate the company’s financials to protect the public from any material misstatements that can affect their decisions. As part of this role, the auditors assess the level of the company’s adherence to its own code of ethics.