Analysis Of Tyco International Ltd.

Buntrock did not act alone in this scandal. Many of his upper-level associates had a hand in this fraud. Other key players included: Phillip Rooney (President, COO and CEO for a period of the scandal), James E. Koenig (CFO and Executive VP), Thomas C. Hau (VP and Chief Accounting Officer), Bruce D. Tobecksen (VP of Finance), and Herbert Getz (Senior VP, General Counsel and Secretary). Each member of this scandal greatly profited in some way. Buntrock made over $16.9 million during the scandal. Rooney earned $9.2 million, Koenig over $900,000, Hau reaped over $600,000, Tobecksen over $400,000 and Getz gained $450,000.

The last stakeholder of this scandal are the stockholders who have suffered financial lost in having to pay out millions in the lawsuits filed against Wells Fargo. The stockholders have also lost confidence in the leadership on the organization affecting how and if they will continue to invest and whether they will demand for a leadership change among the board of directors. This scandal not only affect how these investors will spend their money but other investors as well. Scandals of this magnitude as a negative domino effect on how investors and how they will spend their many within the

Prior to the Tyco scandal, the company was one of America's largest conglomerates, with operating revenues of 38 billion dollars and 240,000 employees, worldwide. Tyco Laboratories began operations in 1960, performing experimental work for the U.S. government. The firm went public in 1964 and quickly expanded, mostly by acquisition, to exploit the commercial applications of its work. Dennis Kozlowski joined the company in 1975 as an assistant controller. The company subsequently shifted its focus from growth to profits within its three primary divisions: fire protection, electronics, and packaging. Kozlowski joined Tyco's board in 1987 and became president and chief operating officer two years later. Kozlowski

There are laws in place to reduce the chances of an employer firing an employee based on their race, gender, disability, or sexual preference. Throughout the scandal, Kozlowski fired multiple employees without any warning or write up when he discovered that some of the revenue goals were not met after a company was acquired or they merged with another organization. Besides that, anyone whom gave a negative review or spoke negatively about Tyco had a strong possibility of being fired by Kozlowski. David Tice was vilified by Kozlowski for short selling Tyco. He worked for Prudent Bear and was only doing his job when he spoke out negatively about Tyco’s use of large reserves during acquisitions. That’s not the only instance, Jeanne Terrile, a former employee of Tyco was removed from covering Tyco as an analyst for Merrill Lynch because she refused to upgrade Tyco after the rapid amount of acquisitions and mergers. Also, the way Kozlowski handled his employees can be seen as over stepping his boundaries as CEO. He abused his legitimate power by treating the followers unfairly if he did not like the way business was being conducted or the company’s profits were not where they were supposed to be. Kozlowski implemented expert, legitimate, and coercive power to influence the outcomes he wanted and to get rid of any subordinate or analyst portraying Tyco in a

1) a permanent order from all future violations of “Section 17(a) of the Securities Act, Sections 10(b) and 13(b)(5) of the Exchange Act, and Rules 10b-5, 13a-14, 13b2-1, and 13b2-2 thereunder, and for aiding and abetting violations of Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act, and Rules 12b-20, 13a-1, and 13a-13

After taking over $300,000 dollars from various companies, Joe Percoco was found guilty of three felonies. Which included of two counts of conspiracy to commit honest services wire fraud and one count of solicitation of bribes of or gratuities. The executives of Cor Development and CPV were accused of relying on Percoco to take state actions that benefited their own projects. The jury was able to see proof that Percoco was still using his position in government office even when he was supposed to be off the payroll. During the trial, prosecutors established motive to all of these bribes and found that Percoco could have been struggling to pay for his upscale home Also, numerous other companies put their trust in Percoco and paid him substantial

In July of 2010, Scott Rothstein was sentenced to 50 years in prison for running a US$1.2 billion

$10,644,800 / $2,271,400 = 4.69 Times Return on Common Stockholders’ Equity (2002) $647,645 / $1,928,960 = 33.58% Return

The executives are accountable to the board of directors. Instead of protecting the investors, the board enticed the culture of financial fraud in the company for selfish gains. It failed in its duties in keeping the executives in check.

On March 15, 2005 former CEO of WorldCom, Bernard Ebbers sat in a federal courtroom waiting for the verdict. As the former CEO of WorldCom, Ebbers was accused of being personally responsible for the financial destruction of the communications giant. An internal investigation had uncovered $11 billion dollars in fraudulent accounting practices. Later a second report in 2003 found that during Ebber’s 2001 tenure as CEO, the company had over-reported earnings and understated expenses by an astonishing $74.5 billion dollars (Martin, 2005, para 3). This report included the mismanagement of funds, unethical lending practices among its top executives, and false bookkeeping which led to loss of tens of thousands of its employees.

Madoff reportedly admitted to investigators that he had lost $50 billion of his investors' money, and pled guilty to 11 felony counts—securities fraud, investment adviser fraud, mail fraud, wire fraud, three counts of money laundering, false statements, perjury, false filings with the United States Securities and Exchange Commission (SEC), and theft from an employee benefit plan—on March 12, 2009. While the extent of his fraud is still being uncovered, prosecutors say $170 billion moved through the principal Madoff account over decades, and that before his arrest the firm's statements showed a total of $65 billion in accounts.

(1)It’s against the SEC laws and inconsistent with GAAP standards; unfair to stockholders; uncertainty about how long the company can cover up the deficiencies which keep growing with the company; honesty and integrity are challenged. (2)Loyalty to Eddie and the company is challenged. No more personal financial benefit can be generated from the rising stock price and the CFO position any more. Investors are still kept in the dark. (3) The company’s stock price may drop significantly when investors learn about the truth; company may face bankruptcy due to loss of public confidence. The wealth of Eddie’s whole family will shrink seriously. (4) While Eddie may

Main character in this fraud is Mr. Dennis Kozlowski, the CEO of Tyco. He misappropriated around $270 million through unauthorized loans, sale of Tyco securities and undisclosed compensation. In order to conceal these amounts, the compensation was incorrectly offset against unrelated gains. This led to violation of GAAP and misrepresented financial statements. For example, $44.6 million of bonuses were offset against gain from IPO of one of Tyco’s subsidiaries. They have also netted the bonuses with gain on disposal of business and gain on sale of common stock. According to ASC 718 Compensation, these and other bonuses should have been disclosed in operating earnings and should have decreased operating income. However, since they were offset against one-time gains, they did not have any impact on operating income. This “hiding” of compensation occurred on several occasions – the expenses were also netted against gain on sale

In the aftermath of the scandal, there were negative, long-reaching effects on a variety of stakeholders.

To make matters worse, when Andersen found problems in the financial statements, they didn’t make corrections due to a conflict of interest. The concern was that if Andersen brought these problems to light, Enron would walk away and cost Andersen millions of dollars in the long run. Andersen contemplated dropping Enron as a client, but did not follow through with it. Because the audit and consulting was done at the same firm, it clouded Andersen’s judgment. Andersen employees in Houston began shredding documents and therefore brought obstruction of justice charges that destroyed the firm.