Fraudulent Actions
What is corporate governance?
Corporate governance refers to the set of systems, principles and processes by which a company is governed. They provide the guidelines as to how the company can be directed or controlled such that it can fulfil its goals and objectives in a manner that adds to the value of the company and is also beneficial for all stakeholders in the long term . This definition seemed more appealing as it gave a broader understanding than the other offered definitions. It explains in plain simple terms what exactly corporate governance is and who it involves. Other definitions were vague and didn’t mention some of the participants involved. Corporate governance is a process and a system, and as with any
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The original section 297 legislation contained a double test which was subjective and difficult to prove, as the perpetrator had to be knowingly part of the fraud and also must have had intent to commit the fraud. If a particular person concerned genuinely believed that they had not acted fraudulently, then they would not be regarded as trading fraudulently. This was despite the fact that their behaviour might be considered unreasonable looking at it objectively. Only three cases were successful in Ireland under the original s.297.
The first successful case was Re Kelly’s Carpetdrome Ltd 1983, where books of the accounts were destroyed, and valuable assets were transferred to connected companies to avoid sale on liquidation. This was the first case on s.297 fraudulent trading and personal liability was imposed.
The next case was Re Aluminium Fabricators Ltd 1984. The company had two sets of books, one for the management and one for the revenue. Also, the managers through this deceit were taking
Read the David Miller case from Chapter 5. After reading the case, describe a reason why someone who has been entrusted with the firm’s assets would commit a fraudulent act against the company. Based upon your understanding of the case and your professional and personal experience, recommend a series of actions that should have been taken in order to pre
In this case, there are several conspirators who is involved in the fraud receiving punishment from either SEC or federal government. Robert Levin, the AMRE executive and major stockholder, and Dennie D.Brown, the company’s chief accounting officer, were subject to the punishment in the form of a huge amount of fine by the SEC and the federal government. This punishment came from reasons. After AMRE going public, the company have the obligation to publish its financial reports but its performance did not meet expectation. The investigation by SEC shows that Robert took the first step of this scam, fearing the sharp drop of AMRE’s stock price because of the poor performance of company. He abetted Brown, to practice three main schemes to present a false appearance of profitable and pleasant financial reports. Firstly, they instructed Walter W.Richardson, the company’s vice president of data processing, to enter fictitious unset leads in the lead bank and they originally deferred the advertising cost mutiplying “cost per lead” and “unset leads” amount, so that they deferred a portion of its advertising costs in an asset account. The capitalizing of advertising expenses allowed them to inflate the net income for the first quarter of fiscal 1988. Secondly, at the end of the third and fourth quarters of fiscal 1988, they added fictitious inventory to AMRE’s ending inventory records, and prepared bogus inventory count sheets for the auditors. Thirdly, they overstated the percentage
Corporate governance is the rules in which companies are controlled. This governance essentially balances the
Our project team analyzed the Fraud and Illegal Acts Case (True blood Case Studies- Case 08-9), which involves a questionable sales transaction made between Jersey Johnnie’s Surfboard, an SEC registrant, and Mr. Sinaloa, an independent sales representative of the company. As a simplified overview of the case, an external audit firm was hired on to perform a year-end audit of Jersey Johnnie’s Surfboards, Inc. Towards the end of the audit, the engagement partner notified the auditors that there could be a possibility of fraud and illegal acts made by the company.
The former CEO of DHBI, David Brooks ("DB"), misrepresented DHBI's financial statements, mislead the independent auditors in order to conceal his fraudulent transactions and he misappropriated DHBI's assets and funds for personal expenditures.
Corporate governance in itself has no single definition but common principles which it should follow. For example in 1994 the most agreed term for corporate governance was “the process of supervision and control intended to ensure that the company’s management acts in accordance with the interest of shareholders” (Parkinson, 1994)1. Corporate governance code is not a direct set of rules but a self-regulated framework which businesses choose to follow. This code has continued to change in the past 20 years in accordance with what is happening in the business world. For example the Enron scandal caused reform in corporate governance with the Higgs Report which corrected the issues which were necessary. Although it does not quickly fix problems, it gives a better framework to
Corporate governance is a commonly used phrase to describe a company’s control mechanisms to ensure management is operating according to
Issue: Should the Court rule as time-barred the Plaintiff’s claims which he makes under the Massachusetts ‘Blue Sky’ securities fraud statute and as lacking as a matter of law the Plaintiff’s claim on the Defendants’ unfair trade practices?
ITC Ltd.’s strategy plan for compliance with the current acceptable standards or norms relative to social responsibility today is well thought out, especially for a company that sells potentially dangerous products, and try to meet and listen to all demands and laws in place since the start of their business. Even though in 2014 a new bill was passed for the majority of companies to build accountability and also have the government looking over the private sector (Banerjee, 2013). “The CSR provision requires affected companies to spend at least 2 percent of their average net profits made in the preceding three years on CSR” (Banerjee, 2013). Even though this bill has caused a lot of uproar for companies, ITC has actually already been
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
The need for clarification on the board requirements for a majority of independent directors as it relates to corporate governance is of great importance and would be discussed in this write up.
Fraud will always be an issue but it has been more prevalence in the past before there were any specific guidelines for business entities and accountants to adhere and conform to.
The Company was a manufacturer of computer hard disk drives (Financial Executives Research Foundation, 2015) based in Longmont Colorado in 1989. The CEO, CFO and other members of management sought to defraud by managing earnings of the Company with fraudulent inventory, receivables and journal entries. The executives and management created boxes of inventory with bricks and scraps of metal for the auditors
The rise and fall of the Royal Bank of Scotland is characterized by poor corporate governance which allowed for the complete dominance of the executive management over the board of directors and a massive principal-agent problem. Positive social dynamics and the power of weak ties allowed for compliance while intimidation and bullying tactics silenced questions, concerns and opposition. The board’s utter compliancy and borderline negligence enabled rampant, unchecked empire-building at the cost of shareholder value and led to a spiral of unaccountability and gross incompetence. Stakeholders’ loss of confidence from misinformation and misdirection was an inevitability that sealed
Corporate governance can be defined as the process, customs, laws by which the affairs of a company are managed and controlled it also