Executive summary
Diamond Foods, Inc. was founded in 1912 and was publicly traded in 2005 as a distributor of potato chips, snack nuts, popcorn, shell nuts, and culinary nuts. Its brands include: Kettle Brand Chips, Emerald snack nuts, Pop Secret popcorn, and Diamond of California nuts (Gujarathi, 2015, p. 47). The company motto was always “bigger is better,” which was implemented by former CEO Michael Mendes (Mendes) to meet high performance expectations and keep up with the competition in the snack industry (Gujarathi, 2015, p. 50). Around late 2009, questionable behavior of fraud began to occur at Diamond leaving the company in a great amount of loss. Mendes and CFO Steven Neil (Neil) pressured Diamond’s accounting department to
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After having to restate both its 2010 and 2011 financials in 2012, it was discovered that the company was operating at a net loss of $86,336,000 and earnings (loss) per share of $3.98. During 2012 the company’s stock price dropped significantly by about 54 percent from $21.50 in early November to $12.50 in late November (U.S. District Court for the Northern District of California, 2012, In re Diamond Foods Inc., Securities Litigation: Complaint). On November 14th, 2012 Diamond restated its financial statements which reduced its 2012 first, second, and third quarter earnings. This also reduced the company’s 2011 and 2010 earnings by 57% to $29 million and 46% to $23 million respectively (Mintz, 2013). Mendes and Neil with the assistance from Deloitte had such a tight control, making the ability to detect the fraud difficult. This caused the fraud to be concealed, which led to serious financial implications, and the need to restructure the company’s top management.
Description of the fraud
Several types of fraud occurred at Diamond Foods, Inc. that led to manipulation of their reported earnings and stock price: improper disclosures in the financial statements, understating costs, and aggressive earnings management.
Improper disclosures in financial statements
There were three major inaccurate disclosures in Diamond’s quarterly and annual financial statements that inflated its earnings and provided false information to investors, the public,
The Enron and WorldCom scandals were arguably the incidents that permanently changed the procedures for accounting controls. In response to these incidents, the Sarbanes-Oxley Act (SOX) of 2002 was passed. Once the knowledge of these scandals was made public, a number of subsequent accounting scandals were discovered in public companies such as Tyco International, HealthSouth, and American Insurance Group. In addition, a then-employee-owned company, Post, Buckley, Schuh & Jernigan, Inc. (dba PBS&J, now known as “Atkins North America, Inc.”), was also hit by a similar accounting scandal. Henceforth, a case study of PBS&J is presented where we will examine the fraudulent transactions that
Boston Chicken is a company to operate and franchise food service stores that sold meals featuring rotisserie-cooked chicken, fresh vegetables, salads, and other side dishes. Its concept is to combine fresh, flavorful, and appealing meals associated with traditional home cooking with a high level of convenience and value. Boston Chicken focused its expansion through franchising the company through large regional developers rather than selling store franchises to a large number of small franchisees. In that, an established network of 22 regional franchises that targeted their operations in the 60 largest
After reviewing the financial information of the Tech Tennis, USA, there was a concerned due to some unusual changes in the company’s accounts. Financial statements play a crucial part in the determination of the progress of an organization. It assists the relevant personnel to identify whether the company is making profits or making losses. Although unethical, some companies will tend to deliberately misrepresent some of their financial statement information to create a false impression of the company’s success. There are various techniques that organizations utilize to manipulate their financial statements such as overstating their revenues (Bierstaker, Brody, & Pacini, 2006). In addition, some organization will tend to inflate their sales without considering their cash flow amount that the organization has acquired which will be a red flag to investigate. Consequently, financial statements provide vital information that helps both internal and external users to understand the position of the organization. Some companies in an attempt to continue in the market, they end up manipulating their financial statements that create an illusion of the success of the organization.
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The company’s revenues were not growing fast enough to meet these targets, so defendants instead resorted to improperly eliminating and deferring current period expenses to inflate earnings. They employed a multitude of imp roper accounting practices to achieve this objective. Among other things; the complaint charges that defendants:
Brooks also engaged in accounting fraud schemes designed to increase the net income and profits that DHB reported in its press releases and filings with the Securities and Exchange Commission (SEC) by falsely inflating the value of DHB’s existing inventory, adding non-existent inventory to the company’s books and records, and fraudulently reclassifying expenses.
The manipulation of accounts fraud scheme is generally fulfilled by employees in top management positions and it usually involves making understatements or overstatements on financial statements making it very hard to detect. The process followed as Troy Adkins, (2015) explains is very simple. The financial statements are either overstated to show different figures in the earnings on the income statements making them look better than they actually are or the earnings in the current periods are manipulated in such a way that the revenue is understated or they inflate the current year’s expenses. The second process includes making the financial statements look worse than they are in reality. Deloitte, (2009) explains a number of ways which the accounts are manipulated where as one of the ways is to manipulate the reported earnings directly. They further explained that overstating the
From the beginning Diamond had put a focus on the commodity walnut market. The company had forged strong relationships with the growers of the nuts and held pride in continuing the positive relationship throughout the future of the company. So as the growers began to hand down larger costs, Diamond needed to find a way to ensure that the growers got the full amount they were seeking in order to keep ties strong and avoid the growers leaving Diamond for one of its competitors, while also continue to meet the earnings per share (EPS) expectations. According to the case filed by the SEC in 2014, “In February 2010, Diamond CFO Neil instructed members of the Finance Team to adjust the walnut costs to hit an EPS target for the second quarter. “Members of the Finance Team provided Neil with a walnut cost estimate that would result in reported EPS that would be higher than the consensus analyst of estimated $0.47 per share for the quarter” (SEC, 2014). However, the growers were not satisfied with this method of determining prices and threatened to leave Diamond if full costs were not received. Neil determined a way to close the gap through “continuity” or “momentum” payments. This technique allowed Diamond to pay the full amount that the growers were giving, but separated the costs out. Diamond only the portion on the financial
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I was immediately intrigued from the beginning of Food, Inc. There was interesting and valuable information brought up during the film. Many people do not think about where their food comes from. I believe that if people were to know where their food comes from, they would not want to eat it. There are 47,000 products at a grocery store. But, Food, Inc. implies that this is in fact an illusion because all of them are made with the same crops. The fact that there are only a few multi-national corporations that control all of the crops and meat production is a huge surprise. I believe that each person in society would be absolutely shocked if they were to watch this documentary.
The proposed sale of Hershey Foods Corporation (HFC) during the summer of 2002 captured headlines and imaginations. After all, Hershey was an American icon, and when the company’s largest shareholder, the Hershey Trust Company (HSY), asked HFC management to explore a sale, the story drew national and international attention. The company’s unusual governance structure put the Hershey Trust’s board in the difficult position of making both an economic and a governance decision. On the one hand, the board faced a challenging economic decision that centered on determining whether the solicited bids provided a fair premium for HFC
The Molex Corporation is an electronic connector manufacturing firm, which is based in Illinois. This company is facing a financial reporting problem in which the financial statements were overstated. Joe King ,the CEO of the company, was appointed in July of 2001, and was responsible for managing and inventory control, among other very important duties. Diane Bullock was hired in 2003, to replace the previous CFO. Both Bullock and King were being accused of what? by the external auditors, Deloitte & Touche, for not disclosing an 8 million pre-tax inventory valuation error.
Following the risk assessment procedures, substantive procedures are designed and conducted to detect material misstatements of relevant assertions. Substantive procedures include analytical procedures and tests of details. Analytical procedures involve evaluations of financial statement information by a study of relationships among financial and nonfinancial data. Tests of details may be divided into three types. One test is the test of account balances to address whether there are misstatements in the ending balance of an account. In the case of Crazy Eddie, auditors should have put greater attention to inventory and accounts payable accounts. The second test is a test of classes of transactions to determine whether particular types of transactions have been properly accounted for during the period. Crazy Eddies fraudulently classified these transshipping transactions as retail sales to inflate its sales revenue and continue growth at existing stores. A key ratio for retailers is to compare growth in existing stores to growth from new stores. The third and final test is a test of disclosures to evaluate whether financial statement disclosures are properly presented. Crazy Eddie prepared bogus debit memos of over $20 million to understate accounts payable.
Ben and Jerry’s, founded in 1978, is a market leading distributor of super-premium ice creams, frozen yogurts, and sorbets, and has built a reputation on being a socially minded company. They were pioneers in the policy of “caring capitalism” and place heavy importance on the concept of social responsibility, a practice which many companies have since adopted. They have enjoyed long-term success as a result of their progressive methods of doing business and novel ideology regarding how a company should be ran. However, due to increased competitive pressure and declining financial performance, they have now been confronted by the threat of a takeover. Recently four
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