Health South’s famous scandal occurred in 2002, as soon as the CEO Richard M. Scrushy rapidly sold a stock of $75 million dollars just a few before the company faced a major loss. The accounting scandal was taken in accusation by the SEC-U.S Securities and Exchange Commission in which HealthSouth earnings were falsely inflated by $ 1.4 billion, the reason behind this was Srushy’s orders; him purposely instructing the company’s senior officers and the accountants to make false company earnings reports, so the investor could be pleased and all his expectations would be considered to be met. This fraud created by Scrushy and involving the company’s most senior individuals persisted for around seven years. During these years; the company’s earning …show more content…
The case was analysed by multiple research accountants and the reason behind it was the intention of Scrushy to make the investor content with the financial abilities of the company along with obtaining more and more investment without any optimum yield. Scrushy was charged with the accounting fraud in 2003 of March(Beam & Warner, 2009, p.56)., more reasons were unfolded by the SEA-Securities Exchange Act about Scrushy and his posting of the company’s large loss in order to achieve a high stock sell.
But according to the history of Scrushy, him belonging from a poor background and struggling his way to work up the pharmaceutical company and being approached to startup his business with 1 million, the expectations to meet the investors requirements served as a high stress factor on the CEO himself and according to Weld et.al, (2004, p.44), the fraud took place in a period where the economic growth of a company lacked regulations, which made it easier to get away with things. In reference to Weil (2004, p.45), the leaders in the 1990s were more focused on revenue than profitability. Growth was considered the key for a company. In order to fulfill the whole dilemma, such conditions pressured Scrushy to continue to increase the company’s growth by meeting the expectations of the
The organizational structure of Phar-Mor was ineffective and lacked many control activities including: segregation of duties, authorization, documentary and IT controls. As a result, Phar-Mor’s president had a stronghold on certain upper level management and executives which gave him the opportunity to control the fraud and hide it from other members of the organization and supposedly Phar-Mor’s auditors, Coopers and Lybrand LLP.
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
One of the main defenses E&Y took during the early stages of the HealthSouth suit was the fact that the SEC had no well-defined rules with regards to audit-related practices. Another defense was the mere fact that E&Y never faced a criminal indictment for the HealthSouth fraud. This was mainly due to the statute of limitations placed on securities fraud. It sets it at the earlier of (a) 2 years after the discovery of the facts constituting the violation or (2) 5 years after such violation. Thus, the DOJ was unable to file criminal charges against the firm because the partner on the audit (G. Marcus Neas) was “unaware” of the fraud in 1993.
Overview of the Case: The Securities and Exchange Commission claims Mark D. Begelman misused proprietary information regarding the merger of Bluegreen Corporation with BFC Financial Corporation. Mr. Begelman allegedly learned of the acquisition through a network of professional connections known as the World Presidents’ Organization (Maglich). Members of this organization freely share non-public business information with other members in confidence; however, Mr. Begelman allegedly did not abide by the organization’s mandate of secrecy and leveraged private information into a lucrative security transaction. As stated in the summary of the case by the SEC, “Mark D. Begelman, a member of the World Presidents’ Organization (“WPO”), abused
Richard Scrushy defrauded, stakeholders, stockholders, and the community out of millions of dollars. His deceptive, unethical, and commanding behavior was the stone that caused the biggest misappropriation avalanche of all time. We must consider this question, how is corporate cheating happening and who is heading the deception? Behind every crime, there is a ringleader or a group of individuals "calling the shots." In this case, Scrushy was the one who told his "family meeting members" to "fix" financial records, so HealthSouth to meet or exceed the business financial goals. A person from the beginning may have the objective to cheat; others get sucked into the whirlpool of white-collar crime.
Were there any early warning signs that may have predicted this type of behavior in Mr. Scrushy? “Perhaps what we need is a scale for measuring the moral development or character of the officers to whom the financial status and reports of the company are entrusted” (Jennings, 2005, p. 44-45).
The story of HealthSouth begins with two of the most well know founders. Richard Scrushy was a bold, charismatic man of middle-class beginnings. He would rise from a mason to one of the highest earning CEO’s in the country due mainly to his ability to drive, charm, and manipulate those around him. Driven by the desire to attain wealth and status Scrushy was hired in at LifeMark where he rose through the ranks as a result of his unbridled competitive nature and workaholic tendencies.
The word “fraud” was magnified in the business world around the end of 2001 and the beginning of 2002. No one had seen anything like it. Enron, one of the country’s largest energy companies, went bankrupt and took down with it Arthur Andersen, one of the five largest audit and accounting firms in the world. Enron was followed by other accounting scandals such as WorldCom, Tyco, Freddie Mac, and HealthSouth, yet Enron will always be remembered as one of the worst corporate accounting scandals of all time. Enron’s collapse was brought upon by the greed of its corporate hierarchy and how it preyed upon its faithful stockholders and employees who invested so much of their time and money into the company. Enron seemed to portray that the goal of corporate America was to drive up stock prices and get to the peak of the financial mountain by any means necessary. The “Conspiracy of Fools” is a tale of power, crony capitalism, and company greed that lead Enron down the dark road of corporate America.
HealthSouth Corporation was one of the largest publicly traded owners of rehabilitative hospitals within the Untied States and paved the way for its industry. However, prior to 2003 the company had a very dark secret: fraud. In 2003 HealthSouth was accused of making $2.7 billion in false journal entries in the company’s system (Helios, 2013). These false entries allowed the corporation to inflate its earnings and revenue. While the corporation was dabbling in a fraudulent, aggressive account system, auditors were unable to detect the extent of the fraud occurring. If not for Michael Vines and Weston Smith, HealthSouth Corporation might have continued its false entries and continued deceiving shareholders and even Wall Street itself. HealthSouth serves as a historical example of how corporate culture can use fraud and deception schemes to not only rationalize what it is doing, which is an element of the fraud triangle, but also encourage fraudulent financial statements.
Between the years 2000 and 2002 there were over a dozen corporate scandals involving unethical corporate governance practices. The allegations ranged from faulty revenue reporting and falsifying financial records, to the shredding and destruction of financial documents (Patsuris, 2002). Most notably, are the cases involving Enron and Arthur Andersen. The allegations of the Enron scandal went public in October 2001. They included, hiding debt and boosting profits to the tune of more than one billion dollars. They were also accused of bribing foreign governments to win contacts and manipulating both the California and Texas power markets (Patsuris, 2002). Following these allegations, Arthur Andersen was investigated for, allegedly,
AICPA Code of Professional Conduct principles prevents vises such as fraud that are experienced in accountancy field. Audit is the best measure of the effect of the fraud that are imposed to investors by accountants. The relationship of the investors and account holders are supposed to be affirmed through auditing to ensure accounting principles are upheld(Weirich, Pearson, & Churyk, 2010). Improper loss of the funds through propagation of the accountant officer should be treated as fraud and criminal activity that should lead to prosecution. Therefore, the paper seeks to relate two fraud cases that have been audited and presenting AICPA Code of
This subject company in this case study is WoolEx Mills. The top management team at the Mills had to act fast to prevent the accusations charged upon them, so that they may venture deep into the United States market. In the process, they had to act in a way that will present the company’s financial statements; cash flows in a way that they did not show any suspicious fraudulent activities. The type of fraud in this case study is known as manipulation of accounts which involves the act of offering the accounts in the way they are not in reality.
Security fraud is a white collar crime that involves the deception of investors or the manipulation of financial Markets (FBI, 2005). Security fraud is a broad topic that covers many different aspects of white collar crimes that individually can stand as their own form of indictable crime (FBI, 2005). Due to the broad reality associated with security fraud, when considering the different case studies, the Martin Shkreli case was the best option. Mr. Shkreli was a pharmaceutical executive who was known by the general public and by the Media for his high pricing in life saving drugs (Smythe and Geiger, 2015). Mr. Shkreli, dubbed "Bad Boy" by the media, had been charged with several charges pertaining to fraudulent schemes such as insider trades, manipulation of market to illegally redistribute money by misappropriation of assets or defrauding investors and potential investors to fund pharmaceutical companies that acted as hedge funds (Smythe and Geiger, 2015). The list of charges and crimes that Mr. Shkreli go on and on, and it is for that very same reason Mr. Shkreli’s case was the most ideal case to choose. Mr. Shkreli 's Case is great representation of how security fraud has many faces. Another reason why Mr. Shkreli 's Case is the ideal case is due to the fact that it will allow for a more depth analysis on why individuals commit fraud. In one of the articles I will be annotating as one of the 5 sources, the psychology and sociology behind why individual
Satyam one of the fastest growing IT Company in India, holding up to 50, 000 employees with revenue more than $ 2.1 Billion. Satyam Pte Ltd was cased for fraud, theft and robbery. Mr. Raju CEO of satyam created fake billing and cash amounting to INR 71.36 billion. He manipulated the records by including 13,000 employees in the books who are apparently non-existent. Therefore, allegedly withdrawing INR 20 Crs every month, and floated 2 other companies for their own purposes(PROFESSOR J. P. SHARMA). Moreover, the internal auditor failed to verify their transactions from the beginning to the end. Neither were the cash and bank balances verified thus, ignoring fake invoices as well. As a result of this systematic accounting fraud, there were severe economic problems(HEATHER TIMMONS, 2009) such as the lost of jobs for almost 50,000 technocrats, country’s GDP failing by 0.4%, biggest fall on the stock market, India’s global image was tarnished.
The greatest opportunity for Minkow to commit fraud was ZZZZ Best’s lack of financial supervision. Lack of internal control facilitated manipulation of company’s assets and transactions. It gave the CFO the opportunity to falsify the documents and to create fictitious transactions. These transactions created formidable revenues on the company’s books and made it easy to borrow money from banks. The weak external audit was the other opportunity that allowed Minkow to commit fraud. The auditor was not familiar with the company and its related parties. In addition, the auditors placed too much trust in management produced documents and failed to verify key transactions. These two important reasons gave Minkow an opportunity to commit fraud.