Accounting scandals are political or business scandals which arise with the disclosure of financial misdeeds by trusted executives of corporations or governments. Such misdeeds typically involve complex methods for misusing or misdirecting funds, overstating revenues, understating expenses, overstating the value of corporate assets or underreporting the existence of liabilities, sometimes with the cooperation of officials in other corporations or affiliates.
In public companies, this type of "creative accounting" can amount to fraud, and investigations are typically launched by government oversight agencies, such as the Securities and Exchange Commission (SEC) in the United States.
||The neutrality of this section is disputed. (January 2014)|
It is fairly easy for a top executive to reduce the price of his/her company's stock – due to information asymmetry. The executive can accelerate accounting of expected expenses, delay accounting of expected revenue, engage in off balance sheet transactions to make the company's profitability appear temporarily poorer, or simply promote and report severely conservative (e.g. pessimistic) estimates of future earnings. Such seemingly adverse earnings news will be likely to (at least temporarily) reduce share price. (This is again due to information asymmetries since it is more common for top executives to do everything they can to window dress their company's earnings forecasts). There are typically very few legal risks to being 'too conservative' in one's accounting and earnings estimates.
A reduced share price makes a company an easier takeover target. When the company gets bought out (or taken private) – at a dramatically lower price – the takeover artist gains a windfall from the former top executive's actions to surreptitiously reduce share price. This can represent tens of billions of dollars (questionably) transferred from previous shareholders to the takeover artist. The former top executive is then rewarded with a golden handshake for presiding over the firesale that can sometimes be in the hundreds of millions of dollars for one or two years of work. (This is nevertheless an excellent bargain for the takeover artist, who will tend to benefit from developing a reputation of being very generous to parting top executives.)
Similar issues occur when a publicly held asset or non-profit organization undergoes privatization. Top executives often reap tremendous monetary benefits when a government-owned or non-profit entity is sold to private hands. Just as in the example above, they can facilitate this process by making the entity appear to be in financial crisis – this reduces the sale price (to the profit of the purchaser), and makes non-profits and governments more likely to sell. It can also contribute to a public perception that private entities are more efficiently run, thereby reinforcing the political will to sell off public assets. Again, due to asymmetric information, policy makers and the general public see a government-owned firm that was a financial 'disaster' – miraculously turned around by the private sector (and typically resold) within a few years.
Not all accounting scandals are caused by top executives. Often managers and employees are pressured or willingly alter financial statements for the personal benefit of the individuals over the company. Managerial opportunism plays a large role in these scandals. For example, managers who would be compensated more for short-term results would report inaccurate information, since short-term benefits outweigh the long-term ones such as pension obligations.
List of reported accounting scandals
|Associated Electrical Industries, after being acquired by General Electric Company plc||1967||United Kingdom|
|Pergamon Press||1969||United Kingdom|
|Lockheed Corporation||1976||United States|
|Nugan Hand Bank||1980||Australia|
|ZZZZ Best||1986||United States||Ponzi scheme run by Barry Minkow|
|Bankers Trust||1988||Arthur Young & Co||United States||Hid a $80 million miss-pricing of derivatives contributing to profits by cutting bonuses.|
|Barlow Clowes||1988||United Kingdom||Gilts management service. £110 million missing|
|Polly Peck||1990||United Kingdom|
|Bank of Credit and Commerce International||1991||United Kingdom|
|Phar-Mor||1992||Coopers & Lybrand||United States||mail fraud, wire fraud, bank fraud, and transportation of funds obtained by theft or fraud|
|Informix Corporation||1996||Ernst & Young||United States|
|Sybase||1997||Ernst & Young||United States|
|Cendant||1998||Ernst & Young||United States|
|Waste Management, Inc.||1999||Arthur Andersen||United States||Financial misstatements|
|MicroStrategy||2000||PWC||United States||Michael Saylor|
|Unify Corporation||2000||Deloitte & Touche||United States|
|Computer Associates||2000||KPMG||United States||Sanjay Kumar|
|Lernout & Hauspie||2000||KPMG||Belgium||Fictitious transactions in Korea and improper accounting methodologies elsewhere|
|Xerox||2000||KPMG||United States||Falsifying financial results|
|One.Tel||2001||Ernst & Young||Australia|
|Amir-Mansour Aria||2011||IAO (Audit organization) and other Audit firms||Iran||Business Loans Without Putting any Collateral and financial system|
|Bank Saderat Iran||2011||IAO (Audit organization) and other Audit firms||Iran||financial transactions among banks and Getting a lot of Business Loans Without Putting any Collateral|
|Enron||2001||Arthur Andersen||United States||Jeffrey Skilling, Kenneth Lay, Andrew Fastow|
|Adelphia||2002||Deloitte & Touche||United States||John Rigas|
|AOL||2002||Ernst & Young||United States||Inflated sales|
|Bristol-Myers Squibb||2002||PricewaterhouseCoopers||United States||Inflated revenues|
|CMS Energy||2002||Arthur Andersen||United States||Round trip trades|
|Duke Energy||2002||Deloitte & Touche||United States||Round trip trades|
|Dynegy||2002||Arthur Andersen||United States||Round trip trades|
|El Paso Corporation||2002||Deloitte & Touche||United States||Round trip trades|
|Freddie Mac||2002||PricewaterhouseCoopers||United States||Understated earnings|
|Global Crossing||2002||Arthur Andersen||Bermuda||Network capacity swaps to inflate revenues|
|Halliburton||2002||Arthur Andersen||United States||Improper booking of cost overruns|
|Homestore.com||2002||PricewaterhouseCoopers||United States||Improper booking of sales|
|ImClone Systems||2002||KPMG||United States||Samuel D. Waksal|
|Kmart||2002||PricewaterhouseCoopers||United States||Misleading accounting practices|
|Merck & Co.||2002||Pricewaterhouse Coopers||United States||Recorded co-payments that were not collected|
|Merrill Lynch||2002||Deloitte & Touche||United States||Conflict of interest|
|Mirant||2002||KPMG||United States||Overstated assets and liabilities|
|Nicor||2002||Arthur Andersen||United States||Overstated assets, understated liabilities|
|Peregrine Systems||2002||KPMG||United States||Overstated sales|
|Qwest Communications||2002||1999, 2000, 2001 Arthur Andersen 2002 October KPMG||United States||Inflated revenues|
|Reliant Energy||2002||Deloitte & Touche||United States||Round trip trades|
|Sunbeam||2002||Arthur Andersen||United States||Overstated sales and revenues|
|Symbol Technologies||2002||United States||Overstated sales and revenues|
|Tyco International||2002||PricewaterhouseCoopers||Bermuda||Improper accounting, Dennis Kozlowski|
|WorldCom||2002||Arthur Andersen||United States||Overstated cash flows, Bernard Ebbers|
|Royal Ahold||2003||Deloitte & Touche||United States||Inflating promotional allowances|
|Parmalat||2003||Grant Thornton SpA||Italy||Falsified accounting documents, Calisto Tanzi|
|HealthSouth Corporation||2003||Ernst & Young||United States||Richard M. Scrushy|
|Nortel||2003||Deloitte & Touche||Canada||Distributed ill advised corporate bonuses to top 43 managers|
|Chiquita Brands International||2004||Ernst & Young||United States||Illegal payments|
|AIG||2004||PricewaterhouseCoopers||United States||Accounting of structured financial deals|
|Bernard L. Madoff Investment Securities LLC||2008||Friehling & Horowitz||United States||Massive Ponzi scheme.|
|Anglo Irish Bank||2008||Ernst & Young||Ireland||Anglo Irish Bank hidden loans controversy|
|Satyam Computer Services||2009||PricewaterhouseCoopers||India||Falsified accounts|
|Lehman Brothers||2010||Ernst & Young||United States||Failure to disclose Repo 105 transactions to investors|
|Sino-Forest Corporation||2011||Ernst & Young||Canada-China|
|Olympus Corporation||2011||Ernst & Young||Japan||tobashi using acquisitions|
|Autonomy Corporation||2012||Deloitte & Touche||United States||Subsidiary of HP.|
The Enron scandal turned in the indictment and criminal conviction of one of the Big Five auditor Arthur Andersen on June 15, 2002. Although the conviction was overturned on May 31, 2005, by the Supreme Court of the United States, the firm ceased performing audits and is currently unwinding its business operations. The Enron scandal was defined as being one of the biggest audit failures. The scandal included utilizing loopholes that were found within the GAAP (General Accepted Accounting Principles). For auditing a big sized company such as Enron, the auditors were criticized for having brief meetings a few times a year that covered large amounts of material. By January 17, 2002, Enron decided to discontinue its business with Arthur Andersen claiming they had failed in accounting advice and related documents. Arthur Andersen was judged guilty of obstruction of justice for getting rid of many emails and documents that were related to auditing Enron. Since the SEC is not allowed to accept audits from convicted felons, the firm was forced to give up its CPA licenses later in 2002, costing over 113,000 employees their jobs. Although later the ruling was overturned by the U.S. Supreme Court, the once-proud firm's image was tarnished beyond repair, and it has not returned as a viable business even on a limited scale.
On July 9, 2002 George W. Bush gave a speech about recent accounting scandals that had been uncovered. In spite of its stern tone, the speech did not focus on establishing new policy, but instead focused on actually enforcing current laws, which include holding CEOs and directors personally responsible for accountancy fraud.
These scandals reignited the debate over the relative merits of US GAAP, which takes a "rules-based" approach to accounting, versus International Accounting Standards and UK GAAP, which takes a "principles-based" approach. The Financial Accounting Standards Board announced that it intends to introduce more principles-based standards. More radical means of accounting reform have been proposed, but so far have very little support. The debate itself, however, overlooks the difficulties of classifying any system of knowledge, including accounting, as rules-based or principles-based.This also led to the establishment of Sarbanes-Oxley.
On a lighter note, the 2002 Ig Nobel Prize in Economics went to the CEOs of those companies involved in the corporate accounting scandals of that year for "adapting the mathematical concept of imaginary numbers for use in the business world".
In 2003, Nortel made a big contribution to this list of scandals by incorrectly reporting a one cent per share earnings directly after their massive layoff period. They used this money to pay the top 43 managers of the company. The SEC and the Ontario securities commission eventually settled civil action with Nortel. However, a separate civil action will be taken up against top Nortel executives including former CEO Frank A. Dunn, Douglas C. Beatty, Michael J. Gollogly and MaryAnne E. Pahapill and Hamilton. These proceedings have been postponed pending criminal proceedings in Canada, which opened in Toronto on January 12, 2012. Crown lawyers at this fraud trial of three former Nortel Networks executives say the men defrauded the shareholders of Nortel of more than $5 million. According to the prosecutor this was accomplished by engineering a financial loss in 2002, and a profit in 2003 thereby triggering Return to Profit bonuses of $70 million for top executives.
In 2005, after a scandal on insurance and mutual funds the year before, AIG was investigated for accounting fraud. The company already lost over 45 billion US dollars' worth of market capitalisation because of the scandal. Investigations also discovered over a billion US dollars' worth of errors in accounting transactions. The New York Attorney General's investigation led to a $1.6 billion fine for AIG and criminal charges for some of its executives. CEO Maurice R. "Hank" Greenberg was forced to step down and is still fighting civil charges being pursued by New York state.
Well before Bernard Madoff's massive Ponzi scheme came to light, observers doubted whether his listed accounting firm—an unknown two-person firm in a rural area north of New York City—was competent to service a multi-million dollar operation, especially since it had only one active accountant. Ultimately, Madoff's accountant, David G. Friehling, admitted to simply rubber-stamping 18 years' worth of Madoff's filings with the SEC. He also revealed that he continued to audit Madoff even though he had invested a substantial amount of money with him. Accountants aren't allowed to audit broker-dealers with whom they're investing. He agreed to forfeit $3.18 million in accounting fees and withdrawals from his account with Madoff. His involvement makes the Madoff scheme the largest accounting fraud in world history.
- Accounting ethics
- Corporate abuse
- Corporate scandal
- Dotcom bubble
- Financial crisis of 2007-2010
- Philosophy of accounting
- Forensic accounting
- Penny stock scam
- Sarbanes-Oxley Act
- Savings and loan crisis
- Securities fraud
- Tobashi scheme
- Vivien v. Worldcom
- White-collar crime
- Cunningham, Lawrence (September 12, 2003). "The Appeal and Limits of Internal Controls to Fight Fraud, Terrorism, Other Ills". p. 18.
- Owen, J. Sleight of Hand : The $25 million Nugan Hand Bank Scandal; Balmain, Sydney, Australia: Colporteur Press, 1983. ISBN 0-86399-023-1
- Minkow, Barry, Clean Sweep:The Inside Story of the Zzzz Best Scam... One of Wall Street's Biggest Frauds, ISBN 0-7852-7916-4
- Frank, Partnoy, Infectous Greed, ISBN 9781846682933
- Reece, Damian (January 13, 2004). "Deloitte's John Connolly faces call to resign over Barlow Clowes link". The Independent (London). Retrieved April 23, 2010.
- "Fraud Is Cited at Miniscribe". New York Times. Associated Press. September 13, 1989. Retrieved October 12, 2007.
- Cases in Corporate Governance by Robert Wearing, Pages 41 to 53. Google Books. Retrieved November 1, 2011.
- Cellan-Jones, Rory (November 2, 2005). "The end of an epic". BBC News (BBC). Retrieved September 28, 2007.
- "FRONTLINE: how to Steal $500 Million". Pbs.org. June 23, 1994. Retrieved November 1, 2011.
- A financial history of modern U.S. corporate scandals, p. 228
- "Inside Informix's Demise". Revrec.
- Masters, Steve (January 28, 1998). "Accounting scandal rocks Sybase Japan". Computing News. Retrieved February 3, 2011.
- Kawamoto, Dawn (January 22, 1998). "Sybase reeling from snafu". CNET. Retrieved February 3, 2011.
- Jon Swartz (January 23, 1998). "SYBASE TURNS SPIN DOCTOR / CEO and executive team show how they managed Japan crisis". San Francisco Chronicle. Retrieved February 3, 2011.
- Fischer, Lawrence (January 22, 1998). "Sybase Loss to Grow as Sales Are Disputed". New York Times. Retrieved February 3, 2011.
- "Cendant closes fraud case". CNN. August 27, 1998.
- "Waste Management settles". CNN. November 7, 2001.
- "The BI Verdict: – Analyses". Olapreport.com. Retrieved November 1, 2011.
- "SEC Brings Financial Fraud Charges Against Executives at Three Northern California Software Companies". Sec.gov. May 20, 2002. Retrieved November 1, 2011.
- "Ex-CA chief Kumar pleads guilty". CNN. April 24, 2006.
- Patsuris, Penelope (August 26, 2002). "The Corporate Scandal Sheet". Forbes.
- "One.Tel auditor was linked to Packer". The Sydney Morning Herald. October 26, 2005.
- Amir Mansour (2010). "The Big corruption in financial system". IGAO News (Iranian General Inspector's Office (IGAO)).
- Salami (2011). "The Big corruption in financial system". IGAO News (Iranian General Inspector's Office (IGAO)).
- Robert Bryce, Pipe Dreams: Greed, Ego, and the Death of Enron (Public Affairs, 2002) ISBN 1-58648-138-X
- "Adelphia founder John Rigas found guilty – Business – Corporate scandals". MSNBC. Retrieved November 1, 2011.
- "Today In Business: Utility Settles Lawsuit". The New York Times. January 6, 2007. Retrieved April 23, 2010.
- Weinberg, Ari (December 11, 2003). "Shaking Steady Freddie". Forbes.
- Palmeri, Chris (July 6, 2006). "How Stuart Wolff Got Himself Caught In A Trap". BusinessWeek. Retrieved November 1, 2011.
- "Ex-ImClone boss admits fraud". BBC News. October 15, 2002. Retrieved November 1, 2011.
- "SEC Charges KMart's Former CEO and CFO With Financial Fraud". Sec.gov. Retrieved November 1, 2011.
- Khan, Kim (May 21, 2002). "Merrill settles charges". CNN.
- "SEC Settles With Ex-Andersen Partner In Sunbeam Probe". Securities.stanford.edu. February 18, 2003. Retrieved November 1, 2011.
- Lohr, Steve (2013-06-21). "Technology, Day 2: I Learn the Books Are Cooked". New York Times.
- Lohr, Steve (2004-06-04). "Ex-Executives at Symbol Are Indicted". New York Times.
- Starkman, Dean (November 29, 2005). "Ahold Settles Lawsuit for $1.1 Billion". The Washington Post. Retrieved April 23, 2010.
- "Italian dairy boss gets 10 years". BBC News. December 18, 2008. Retrieved April 23, 2010.
- "Inside the Parmalat Scandal: What You Need to Know? – Our Paesani". Italiansrus.com. December 28, 2003. Retrieved November 1, 2011.
- "HealthSouth Corporation and Richard M. Scrushy: Lit. Rel. No. 18044 / March 20, 2003". Sec.gov. Retrieved November 1, 2011.
- Bagnall, James (November 2, 2009). "The beginning of the end". Ottawa Citizen. Retrieved November 1, 2011.
- [dead link]
- "AIG Forks Up $126 Million to SEC on PNC Deals". Insurancejournal.com. November 24, 2004. Retrieved November 1, 2011.
- Hurst, Greg (December 12, 2008). "Wall Street legend Bernard Madoff arrested over '$50 billion Ponzi scheme'". The Times (London: Times Newspapers Ltd). Retrieved December 13, 2008.
- Efrati, Amir (March 19, 2009). "Accountant Arrested for Sham Audits". The Wall Street Journal.
- Sharrock, David (December 20, 2008). "Anglo Irish Bank bosses quit after hiding loans of 87m". The Times (London). Retrieved April 23, 2010.
- "Satyam scandal rattles confidence in accounting Big Four". Reuters. January 8, 2009.
- "Examiner's Report – Lehman Brothers Holdings Inc. Chapter 11 Proceedings". Lehmanreport.jenner.com. Retrieved November 1, 2011.
- Hoffman, Andy (Jul. 15, 2011) ". The Globe And Mail (Canada)
- Soble, Jonathan (Nov. 8, 2011). "Olympus used takeover fees to hide losses". Financial Times (London). Archived from the original on Nov 11, 2011. Retrieved Nov 11, 2011.
- Fisher, Daniel (November 20, 2012). "With Autonomy, H-P Bought An Old-Fashioned Accounting Scandal. Here's How It Worked.". Forbes. Retrieved 20 November 2012.
- "Nortel trial hears fraud allegations". CBC News. January 17, 2012.
- Lewis, Michael (January 17, 2012). "Nortel auditors pushed back against executives' scheme, prosecutor says". The Star (Toronto).
- Lewis, Michael (January 20, 2012). "Nortel trial: Former financial director saw disconnect between stated earnings and his understanding of Nortel's circumstances". The Star (Toronto).
- "No business reason to release Nortel reserves, court told". Globe and Mail (Toronto). September 6, 2012.
- Yahoo[dead link]
- "MSNBC". MSNBC. Retrieved November 1, 2011.
- Zuill, Lilla (March 3, 2009). "Reuters". Reuters. Retrieved November 1, 2011.
- Fitzgerald, Jim. Madoff's financial empire audited by tiny firm: one guy. Associated Press via Seattle Times, December 18, 2008.
- Hamblett, Mark. Madoff's Accountant Acknowledges Guilt, Casts Himself as Victim. New York Law Journal, November 4, 2009.
- John R. Emshwiller and Rebecca Smith, 24 Days: How Two Wall Street Journal Reporters Uncovered the Lies that Destroyed Faith in Corporate America or Infectious Greed, HarperInformation, 2003, ISBN 0-06-052073-6
- Lawrence A. Cunningham, The Sarbanes-Oxley Yawn: Heavy Rhetoric, Light Reform (And It Might Just Work)
- Zabihollah Rezaee, Financial Statement Fraud: Prevention and Detection, Wiley 2002.
- U.S. Securities and Exchange Commission website
- U.S. President Bush's speech, 2002-07-09 NPR report (audio recording)
- "Why didn't our auditors find the fraud?", Wisconsin Law Journal, January 25, 2006
- "GMI Warns of Accounting Risks at 40 Companies", Accounting Today, November 27, 2012
- "The Impact of Fraud on Shareholder Value", Business Insider, June 18, 2013