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John Mackey said, "Under an alias to avoid having his comments associated with the Company and to avoid others placing too much emphasis on his remarks." He used the pseudonym ahodeb after his wife Deborah. (Wikipedia).
John Mackey posted various comments on Yahoo Finance stock forums until last August with the username ahodeb, after his wife Deborah. He wrote positive things about Whole Foods financial results and his gains on the stock and knocking out Wild Oats Markets Inc. The company is still trying to acquire Wild Oats Markets Inc. Following are few posts written by John Mackey;
Whole Foods Market Inc.
On November 29, 2000 he posted, "Obviously WFMI is no Wal-Mart (not yet anyway!)." Criticizing about the competitor Sunflower which is also an organic store, "Sunflower isn't too impressive. These guys won't hurt Whole Foods. Wait and see." He also predicted about the Whole Foods on June…
Josh Fineman and Danny King. Whole Foods Chief John Mackey Says He Bashed Rival on Web. July 12, 2007. Bloomberg News. November 29, 2007 http://www.mindfully.org/Industry/2007/Whole-Foods-Mackey12jul07.htm
Whole Foods Market. Frequently Asked Questions. 2007. FTC Hearing. November 29, 2007 http://www.wholefoodsmarket.com/ftchearingupdates/faq.html#15
Wikipedia. Whole Foods Market. November 26, 2007. Wikipedia Foundation Inc. November 29, 2007 http://en.wikipedia.org/wiki/Whole_Foods_Market
American Corporate Fraud
This new century began with great expectations. However, just as the door of the 21st century opened, September 11th shocked the world and bruised the economy. Then, followed the bankruptcy and corporate scandals of some of America's major corporations. One such Fortune 500 company that fell at the new century's threshold was Enron, one of the world's leading energy companies. Once hailed as the most promising corporation in the nited States, Enron is now in bankruptcy and under federal investigation for fraudulent accounting practices. The depths of its unethical practices and the aftermath of its collapse are still unfolding day by day.
Founded in 1985, Enron began as an energy company, shipping natural gas through pipelines. In 1989, Enron expanded into the natural gas commodities market, basically betting on future gas prices. By 1994, Enron was trading electricity contracts, eventually becoming the largest electricity trader in the…
USA Today. February 19, 2002; pp 06B.
Elkind, Peter; McLean, Bethany. "Feds Move Up Enron Food Chain." Fortune.
December 30, 2002; pp 43.
Tesco’s Fraud in the Accounting Information System
The Accounting Information Systems (AIS) plays a central part in the business computing structure of any organization. AIS deals with the classification, collection, storage, monitoring, and conversion of the company’s data into information utilized for internal control and reporting (Smith, 2016). Once an organization adopts an Accounting Information System, they can keep accurate records, and manage the assets of the organizations properly. The management utilizes AIS to guarantee that there are suitable access and separation of duty controls. With such restrictions, the administration can hold the employees responsible for their interaction with the system. This paper delves into how the components and functions of Tesco’s accounting information system contributed to the 2014 fraud scandal.
Tesco’s Fraud Scandal
Tesco is popular grocery retailer with its head office in Welwyn Garden City, Hertfordshire, U.K. (Colson, 2017). Globally, it is ranked at position nine regarding revenues…
Corporate governance of finances in major corporations has been a major controversy during the recent recession. The scandal at Satyam is indicative of problems across the board, from CEOS, to executive boards, to independent auditors and even accounting firms such as Price Waterhouse. In this essay, the author will consider the unique problems presented in a globalised market where faith in the market is essential for international trade to function.
When the CEO assumes the entire responsibility in a corporate governance fiasco absolving everyone else (family members, board of directors, independent directors and other top management people), how should the regulatory authorities and the government proceed against the CEO who has confessed and other people who were absolved by him. Critically evaluate especially from the point-of-view of absolving all the others including the top management, board of directors and the family members, from any of the accumulated corporate wrongdoings.
Caprio Jr., J. And Levine, R. (2002). Corporate Governance in Finance: Concepts and Inernational Observations. World Bank, IMF, and Brookings Institution Conference, Building the Pillars of Financial Sector Governance: The Roles of Public and Private Sectors.. pp. 1-44. Available: http://www.siteresources.worldbank.org/DEC/.../corporategover_finance.pdf.
Kumar, G, Paul, P, and Sapkota P. (2011). The Largest Corporate Fraud in India: Satyam Computer Services Limited, Proceedings of the American Accounting Association 2011 Annual Meeting pp. 1-23. Available: http://www.mendeley.com/research/largest-corporate-fraud-india-satyam-computer-services-limited/ . Last accessed 24 Dec. 2011.
In these cases, others working in those fields are the only ones who have the ability to conduct quality check to verify instances of possible fraud. Qualified doctors can analyze the work of other doctors to attest their medical malpractice. An honest lawyer who deals with related issues can understand how a fellow lawyer could have used deceitful methods to cheat a client off his money. Proficient lecturers can set good examples for students to bring out the incompetency of others. In the managerial level, well qualified professionals are the only ones who are smart enough to figure out the plots hatched by higher executives in order to use the shareholder money for personal needs. Scams in the political sector can only be challenged by opposing political parties or powerful entities like the court. The media is highly potent in this regard as they present malpractices in front…
Description of Corporate Governance [online] Available at: [Accessed 11 August 2010]
Corporate Social Responsibility (CSR) [online] Available at: [Accessed 11 August 2010]
Blundell M., Explain what is meant by the principal agent problem [online] Available at:
< tutor2u.net/blog/files/Principal_Agent_Problem.pdf > [Accessed 11 August 2010]
cross examine the accounting fraud scandal that took place at Xerox, the main intention of this analysis is to know the causes and the effects of the scandal as well as the need of a good practice in business ethics, corporate management and the general oversight. Xerox was able to utilize a creative technique of accounting to give false presentation of its assets and liabilities, they also deceive the investors and lastly they were able to inflate their socks. The main players of the scandal were the chairman, CEO and other high ranking officials who took the advantage and enriched themselves (Gara, D. 2004). The high ranked officials made away millions of shillings at the expense of the stakeholders. This scandal highlighted the need for accountability and ethics in the governance of finance as well as corporate.
The analysis also aims to examine the strategic mistakes that led the Xerox…
Coenen, T. (2008) Essentials of corporate fraud. John Wiley and Sons. Retrieved on May 25, 2014 www.slideshare.net/divinvarghese/xerox-corporation-fraud-case-982933
Pickett, K.H. Spencer. (2007)Corporate fraud a manager's journey. John Wiley and Sons. Retrieved on May 25, 2014 www.wsws.org/en/articles/2002/.../xero-j01.htm
Gara, D. (2004) Corporate fraud case studies in detection and prevention. John Wiley and Sons. Retrieved on May 25, 2014 www.money.cnn.com/2002/04/11/technology/xerox_fraud
Comer, M. (2003) Investigating corporate fraud. Gower Publishing, Ltd. Retrieved on May 25, 2014 www.i-sight.com/.../xeroxs-accounting-scandal-recovery-tactics
Corporate fraud as a dishonest activity for organizations that is considered as white collar crime has serious legal implications. Though it can be difficult to detect and catch, it is important to prevent it by creating effective and efficient policies for the organizations that ensure an efficient system of checks and balances exists in the organization for its physical and fiscal security. Whenever fraud happens in a company or organization, it often takes the form of hiding sources of revenue, overstating expenses or growth, or disguising payments made to individuals in the company. Often, fraudulent activities within the organization are complex in nature and have a gross impact on the financial nature of the organization. It is usually perpetrated by the company management and other employees are often unaware of these fraudulent activities (Mele, 2005).
Corporate fraud, as difficult as it is to prevent, often has a ripple effect whereby…
Bertrand, V. (2009). Organizational Isomorphism and Corruption: An Empirical Research in Russia. Journal of Business Ethics, 89(1), 59-76.
Federal Bureau of Investigation. (2014). Rooting out health care fraud is central to the well-being of both our citizens and the overall economy. Retrieved April, 2014, from http://www.fbi.gov/about-us/investigate/white_collar/health-care-fraud
Mele, D. (2005). Ethical Education in Accounting: Integrating Rules, Values and Virtues. Journal of Business Ethics, 57(1), 97-109.
Panda, J.K. (2006). Accounting & Finance For Management. New Delhi: Sarup Book Publishers Pvt. Limited.
PENALTIES - CIVIL & CIMINAL
There are statutes that impose penalties both civil and criminal for government contractors who commit fraud, waste or abuse. Some of those statutes are as follows:
False Claims Act;
False Statements Act;
Bribery and Gratuities statutes;
Mail and Wire Fraud statutes; and the Public Integrity Act and recent legislative initiatives to strengthen criminal penalties for violations of conflict of interest laws. (Peckar & Abramson, 2007)
The government has the right to audit the records of the contractor for up to three years following a contract for the government being completed. Companies with contracts exceeding $5 million are required to: (1) post a fraud hotline poster; (2) establish a written code of ethics; (3) establish an employee ethics and compliance training program; and (4) establish an internal control system. (New ule for Government Contractors, nd)
SUMMAY & CONCLUSION
The Corporate Compliance Plan…
"hen Congress returned in 1934 to complete the federal disclosure tapestry, it created express private causes of action for misleading reports filed with the Securities and Exchange Commission (SEC) as part of the newly enacted continuous disclosure requirements, (3) provided private recoveries for market manipulation, (4) and authorized suits on behalf of reporting companies for short-swing profits garnered by certain insiders (Cox, Thomas, and Kiku, 2003)."
The creation of the SEC as a government body for oversight arose out a recognition by the courts that private action was not enough to protect investors and consumers from the materially misleading representations of corporate America (Cox, Thomas, and Kiku, 2003). Since its creation, however, the numerous laws and regulations that have come to frame the world of corporate governance have exceeded the limits of manageable governance. By the time the SEC has identified a problem, pursued investigation of the corporate representations of…
Anderson, Jonas V. 2008. Regulating Corporations the American Way: Why Exhaustive Rules and Just Deserts Are the Mainstay of U.S. Corporate Governance. Duke Law Journal 57, no. 4: 1081+. Database online. Available from Questia, http://www.questia.com/PM.qst?a=o&d=5027008674 . Internet. Accessed 16 June 2009.
Angelidis, John P., and Nabil A. Ibrahim. 1993. Social Demand and Corporate Supply: A Corporate Social Responsibility Model. Review of Business 15, no. 1: 7+. Database online. Available from Questia, http://www.questia.com/PM.qst?a=o&d=5001675246 . Internet. Accessed 16 June 2009.
Bavly, Dan A. 1999. Corporate Governance and Accountability: What Role for the Regulator, Director, and Auditor?. Westport, CT: Quorum Books. Book online. Available from Questia, http://www.questia.com/PM.qst?a=o&d=114694551 . Internet. Accessed 16 June 2009.
Besser, Terry L. 2002. The Conscience of Capitalism: Business Social Responsibility to Communities. Westport, CT: Praeger. Book online. Available from Questia, http://www.questia.com/PM.qst?a=o&d=106996136 . Internet. Accessed 16 June 2009.
Align. Make your solutions part of an overall email security solutions.
Every email security solution should align with the needs of every department in an organization. For instance, for anti-fraud solution, there can be an option that records a trail of fraudulent emails that can be used a technical department to keep track of fraud attacks. Or, there can also be an option that sends out alerts and warnings to users about possible causes of email security risks.
Inform. Increase communication and awareness on email security measures and procedures.
Let the employees know the causes and consequences of risks that email vulnerabilities provide. Also, an increased awareness on the measures and procedures which employees can take to strengthen email security can minimize threats to sensitive information. Thus, adding to a guarantee of having secured email system.
Why Corporate Customers Should Outsource Their Email?
Outsourcing emails has been one of the…
Email: Know the Facts, Deal with the Risks. http://www.computerweeklyms.com/research/Whitepapers/Email-BusinessRiskContinuityandCompliance_april.pdf.
Stop Email Fraud Before It Stops You. http://www.mailfrontier.com/docs/MF_StopFraud.pdf
Why Outsource Email. http://www.gothamweb.com/mail/why.cfm
Email Services. http://www.nisa.com/products/email.php
The stock was trading on pink sheets at $0.165 per share at the end of April 2003" (8).
As noted above, one of the key factors involved in what happened at HealthSouth was the enormous pressure to perform in the increasingly competitive for-profit healthcare industry, pressure that directly affected the decisions that were made concerning the types of accounting practices that were needed to "deliver the goods," at least on paper. Although absent from the foregoing list, Scrushy's name appears time and again in the investigation that followed. According to Jennings, "Like Enron, orldCom, and Tyco, HealthSouth placed tremendous pressure on employees to 'meet the numbers.' In April 1998, CEO Richard Scrushy told analysts that HealthSouth had matched or beat earnings estimates for 47 quarters in a row" (8). The role played by Scrushy in engineering the corporate culture that would allow these estimates to be reported with a straight…
Brickey, Kathleen F. 2006. "In Enron's Wake: Corporate Executives on Trial." Journal of Criminal Law and Criminology 96(2): 397-399.
Geyman, John P. The Corporate Transformation of Health Care: Can the Public Interest Still Be
Served? New York: Springer, 2004.
Jennings, Marianne M. 2004. "Incorporating Ethics and Professionalism into Accounting
This strategy was successful for some time but when WorldCom tried to acquire MCI (a company with two times more revenues than WorldCom), the binge of acquisitions was ended due to objections from antitrust and other stakeholders.
WorldCom's strategy was to display revenues and profits in extremely positive basket; for which the company had to make false misstatements in their accounting records. I think, it was the social and ethical responsibility of WorldCom to avoid misinterpretations in their financial statements and to show clear picture of the company to its stakeholders.
This strategy resulted in expansion of WorldCom through acquisitions and the expansion became so huge that the management of WorldCom was unable to handle the business. The debt of the company touched $41billion with $11billion of accounting frauds and misinterpretations. These all were the fruits of strategies implemented by Ebber just to display a very sound and positive picture…
Besser, T. And Miller, N. (2008). Is the good corporation dead? Journal of Socio-Economics, 30 (3). 221-241.
Crawford, K. (2005). Ex-WorldCom CEO Ebbers guilty: Faces up to 85 years in prison after being convicted on all nine counts in accounting fraud. Retrieved on May 7, 2011, from http://monev.cnn.eom/2005/03/l5/news/newsmakers/ebbers/index.htm?cnn=yes
Sidak, J.G. (2003). The failure of good intentions: The WorldCom fraud and the collapse of American telecommunications after deregulation. Yale Journal on Regulation, 20(2), 207-267.
Corporate governance, a concept which has succeeded in attracting a lot of public interest due to its perceived importance for the corporations' and society' economic health in general has been accorded several definitions. Shleifer and Vishny (737) defined corporate governance as a concept that deals with the manner in which suppliers of various financial services to corporations somehow assure themselves of getting some good return on their investment. OECD (1999) on the other hand defines corporate governance as a system by which various corporations are effectively directed as well as controlled. The structure of corporate governance specifies the form of distribution of rights as well as responsibilities among various different participants in a given corporation. The participants include the board of directors, managers, stakeholders as well as the shareholders. The corporate governance structure lays down the rules as well as procedures to be used for making various decisions on the…
Lisboa, Ines "Understanding the Relationship between Insider Ownership and Performance in Europe." 2008
Merchant, Kenneth & Van der Stede, Wim 2nd ed.. Management Control System: Performance Measurement, Evaluation and Incentives. Prentice Hall. (ISBN-13: 978-0-273-70801-8). April 27, 2007
Organisation for Economic Co-operation and Development "OECD Principles of Corporate Governance." 2004 < http://www.oecd.org/dataoecd/32/18/31557724.pdf
Sutherland was quite critical of why some crimes were defined as deviant, while society appears more tolerant of other transgressions. For example, individual theft is seen as causing great harm, while the harm caused by illegal pollution and the dissemination of hazardous waste are hardly recognized. In 2002, for example, the Carnival Company, a Florida-based cruise company which operates 40 ships, was convicted of falsifying its oil record books. The company under-reported the levels of oil in the bilge water it discharged. The higher levels of oil threatened ocean life. To avoid prosecution, Carnival agreed to pay $18 million in fines (Ferro 2003).
Though Carnival was guilty of wrongdoing, few members of the general public at the time would go so far as to define Carnival's actions as criminally deviant.
In summary, both functionalist and social labeling theories help to explain how corporate deviance are both defined and addressed in…
Ferro, Jeffrey. 2003. "White-Collar Crime." Crime: A Serious American Problem. Reproduced in Opposing Viewpoints Resource Center. Farmington Hills, Mich.: Gale Group. http://0-galenet.galegroup.com.catalog.houstonlibrary.org:80/servlet/OVRC
Friedrichs, David O. 1996. Trusted Criminals: White Collar Crime in Contemporary Society. New York: Wadsworth.
Sutherland, Edwin H. 1983. White Collar Crime: The Uncut Version. Westport: Greenwood Publishing Group
Ethically, the actions of Enron management were reprehensible. From a deontological perspective, they broke laws. From a consequentialist perspective, their actions resulted in significant financial losses for millions of people, job losses for thousands and a loss of public faith in the financial system.
The Enron scandal is perhaps the most egregious misuse of data in recent years. Data was manipulated and/or hidden from those whose job was to analyze the data. ide-ranging and catastrophic losses resulted from this misuse. Had the data been presented factually and honestly, the analysis that flowed from it would have benefited Enron's internal and external stakeholders. The company may have suffered in the short-term but would have been able to survive in the long-term.
Thomas, Cathy Booth. (2002). Called to Account. Time Magazine. Retrieved March 27, 2009 from http://www.time.com/time/business/article/0,8599,263006,00.html
Houston Chronicle: The Fall of Enron. (2001-2009). Houston Chronicle. Retrieved March 27, 2009…
Thomas, Cathy Booth. (2002). Called to Account. Time Magazine. Retrieved March 27, 2009 from http://www.time.com/time/business/article/0,8599,263006,00.html
Houston Chronicle: The Fall of Enron. (2001-2009). Houston Chronicle. Retrieved March 27, 2009 from http://www.chron.com/news/specials/enron/
Wee, Heesun. (2001). Enron in Perfect Hindsight. Business Week. Retrieved March 27, 2009 from http://www.businessweek.com/bwdaily/dnflash/dec2001/nf20011219_8118.htm
As some queries about corporate governance were there ever since 1932 - the period of erle and Means, the expression of the concept of Corporate Governance was not found in English vocabulary until 25 years ago. However, in the previous two decades, matters relating to corporate governance have gained importance in academic literature as well as in public policy deliberations. Corporate governance came to be acknowledged as being synonymous with takeovers, financial restructuring, and activities of institutional investor's during this part of the era. Corporate Governance is now at a turning point. Several budding and up-coming economies that are on the path of development have identified by now that excellent corporate governance is vital for sustainable economic development. Furthermore, a lot are on the lookout for a novel or appropriate standard for making it relevant for their particular internal situation. (erle and Means, 1932)
The last ten years…
Berle, A; G. Means (1932) "The modern corporation and private property" Macmillan, NewYork. pp.54-58
Hart, O. (1995). "Firms, contracts and financial structure" Clarendon Press, Oxford. pp.32-36
Jensen, M and Meckling, W. (1976). "Theory of the firm: Managerial Behavior, Agency Costs and Ownership Structure" Journal of Financial Economics, Volume. 3.pp. 305-360
Shleifer, Andrei; Vishny, Robert W. (1997) "A Survey of Corporate Governance," Journal of Finance Volume. 52. pp. 737-83.
Larson, a. (2004, August). Piercing the corporate veil. http://www.expertlaw.com/library/business/corporate_veil.html#2
Piercining the corporate veil. Wikipedia. http://en.wikipedia.org/wiki/Piercing_the_corporate_veil
Larson, a. (2004, August). Piercing the corporate veil. http://www.expertlaw.com/library/business/corporate_veil.html#2
Piercining the corporate veil. Wikipedia. http://en.wikipedia.org/wiki/Piercing_the_corporate_veil
WorldCom (CEO Bernard Ebbers) supported by years of profitability arising from the deregulation of phone companies was a fast moving stock that was highly toted by stock specialists as a must buy, even while it was seriously hemorrhaging from bad and fraudulent business deals and its own shoddy accounting, cover ups and bad investment deals.
WorldCom quickly supplanted at&T as the favorite of many investors, based heavily on Grubman's recommendations. The investment world quickly sang WorldCom's praises as a result. A technology magazine, Network World, named it one of the ten most powerful companies, behind only Cisco and Microsoft. After listing its virtues, the magazine went on to conclude that, "MCI WorldCom will probably be a keeper on this list." 18 as for its investment virtues, Grubman claimed that it was a traditional "widows and orphans" stock, to be held for the long-term. Based partially upon his recommendations, Fortune listed…
Beauchamp, Tom. L. Bowie, Norman. E. Ethical Theory and Business 7th Ed. New York: Prentice Hall, 2003.
Dalla Costa, John. The Ethical Imperative Why Moral Leadership Is Good Business. Reading, MA: Perseus Publishing,1998.
Fox, Loren. Enron: The Rise and Fall. Hoboken, NJ: Wiley, 2003.
Geisst, Charles R. Wall Street: A History: from Its Beginnings to the Fall of Enron. New York: Oxford University Press. 2004.
Such problems are not overcome easily, but in time and with sustained efforts. To better understand my standpoint of defending the bailouts, consider what would have happened had the TAP never been implemented. All of the companies would have commenced bankruptcy procedures and the millions of workers they were employing would have been fired. At a first level, the state would have had to offer those former employees social aid. Then, the national purchasing power would have decreased even more, to impact the national demand and the national production. Also, the country's competitive position within the global market would have decreased dramatically. Overall then, while the bailouts may not have been fairly and efficiently allocated and while they did not revive the economy immediately, they did prevent it from taking an even more damaging turn.
Haugen, D., 2010, Bailout Money Should Not Be Used to Pay Executive Bonuses, Detroit:…
Haugen, D., 2010, Bailout Money Should Not Be Used to Pay Executive Bonuses, Detroit: Greenhaven Press
Haugen, D., 2010, the Government Bank Bailout Plan Is a Fraud, Detroit: Greenhaven Press
Haugen, D., 2010, the Government Bank Bailout Will Not Jump Start the American Economy, Detroit: Greenhaven Press
September 2008, Government Bailouts Must Put Americans First, U.S. Newswire
Actions that warrant for boundary should be on a written document and be available to employees at all time. This system should also take care of verbal and nonverbal agreement of contract expenditure, and no cost approval beyond the budget unless being approved by senior management and financing unit
These boundaries must be revised on an annual basis and edited if necessary. When employees understand the core beliefs and boundary system, then they do not just worry about delivering the bottom line results. Instead, they will strive to deliver corporate objectives without crossing boundaries.
Diagnostic control system should also be employed into the company whereby, new processes and performance measurements must be developed for the following:
Unit occupancy rate: this strives to achieve economy of scale.
Internal auditing: There should be a team of internal auditor reporting to the accounting VP. This team must constantly review the transactions and ensuring…
Evaluate the factors that add to corporate fraud
The business fraud can be credited to conditions emerging from deceptive monetary reporting and misappropriation of possessions. These conditions are 3 and all 3 features of the fraud triangle have to exist for fraud to take place. Management or staff members have to have the reward or pressure to dedicate fraud, see the opportunity emerge and have the ability to justify the occasion.
Management or perhaps others in the workforce will have benefits or conditions of pressure to carry out fraud. If the choice is made by management to publish illegal monetary statements, the most typical reason for this will be threat by financial, market or entity operating conditions to the monetary security and productivity of the business. Extreme pressure is put on management to satisfy the projection made by industry experts, internal company projections or to pay back…
ISACA, 2011. COBIT Framework for IT Governance and Control. Retrieved from http://www.isaca.org/Knowledge-Center/COBIT/Pages/Overview.aspx
Louwers, T., Ramsay, R., Sinason, D., & Strawser, J. (2007). Auditing & Assurance Services: A Look Beneath the Surface. (2nd ed.). New York, New York: McGraw-Hill/Irwin.
Temple University. "Auditing ACCT 3596." Fox School of Business. 13th Ed. United States of America: Pearson, 2009. Print.
Wells, Joseph T. Corporate Fraud Handbook: Prevention and Detection. Hoboken, NJ: John Wiley & Sons, 2007. Print.
ite Aid Fraud
Over the years, there have been numerous cases of financial fraud perpetuated within the organizational mainstream of major companies. Financial fraud is often a well-coordinated sort of white-collar crime that often -- but not always - requires complicity and collusion amongst financial accountants, top management and auditors. ite Aid came to the limelight after the U.S. Securities and Exchange Commission announced that it would be filing accounting fraud charges against the company in 2002
Meanwhile, the United States Attorney for the Middle District of Pennsylvania leveled similar criminal charges accusing former CFO Frank Bergonzi, former CEO Martin Grass and former Vice Chairman Franklin Brown of perpetuating an immense accounting fraud scheme
. Compounding the crisis, according to former ite Aid COO, Timothy Noonan, were years of legal coaching amongst staff and mid-level employees. As investigations ensued, evidence of fraudulent manipulation of accounts, corporate malfeasance, and financial overstatement…
Carlin, Wayne M. & Pennington, Nelson "SEC Announces Fraud Charges Against Former Rite Aid Senior Management" Security and Exchange Commission 2002
Federwisch, Anne Exploring Ethical Lapses during the Rite Aid Crisis Santa Clara University: Center for Allied Ethics, 2002
Jennings, Marianne Seven Signs of Ethical Collapse: How to Spot Moral Meltdowns Before it's Too Late Arizona State University W.P. Carey School of Business, 2007
Carlin, Wayne M. & Pennington, Nelson "SEC Announces Fraud Charges Against Former Rite Aid Senior Management" Security and Exchange Commission 2002
Prior to the corporate financial scandal, WorldCom was one of the largest long distance telephone companies (euters, 2003). Initially headquartered in Mississippi it later moved to Virginia. The company grew fast by acquiring other companies such as MCI Communications in 1998 and UUNET technology in 1996. Other companies acquired included, Metromedia in 1992, esurgens Communications Group in 1993. In the course of this acquisition spree, WorldCom undertook two complex takeovers. The first was the 1998 acquisition of CompuServe from H& Block where it retained the network division, sold off the online service to American Online (AOL) and the second, the acquisition of Digex in 2001, and disposed of all Digex assets to Allegiance Telecom (Kaplan & Kiron, 2004). With these acquisitions, it gained a favorable reputation in the market as a company with a solid foundation.
Facts of the WorldCom Case
The WorldCom fraud case is one of the…
Kaplan, R.S., & Kiron, D. (2004). Accounting Fraud at WorldCom. HBS Premier Case Collection .
Reuters. (2003, April 14). WorldCom to emerge from collapse. Retrieved from www.cnn.com: http://edition.cnn.com/2003/Business/04/14/worldcom/
Ryerson, F. (2009). Improper Capitalization and The Management of Earnings. Las Vegas: Macon State College.
The Securities and Exchange Commission, 02 Civ. 3288 (United States District Court For the Southern District of New York June 26, 2002).
In the wake of scandals such as Enron and others, corporate fraud still appears to be prevalent across the business world. The reasons for this can be many and varied, although greed and a sense of hubris appear to be two of the common role players. In other cases, desperation could also be a factor, where a business is in danger of failing and its owners or managers see little choice but to cheat or sing with the boat. In many of the fraud cases, questions regarding regulation also abound, where regulatory authorities appear to be unable to either identify fraudulent activity or to sufficiently monitor the actions of those involved. This appears to be at least partly the case as far as ussell Wasendorf Sr. is concerned, who recently confessed to have committed fraud as the owner of his brokerage for 20 years Huffstutter and Polansek, 2012).…
Holton, C. (2009). Identifying disgruntled employee systems fraud risk through text mining: A simple solution for a multi-billion dollar problem. Decision Support Systems, Vol. 46. Retrieved from: ftp://18.104.22.168/gyliao/TODylan/Identifying%20disgruntled%20employee%20systems%20fraud%20risk%20through%20text%20mining-%20A%20simple%20solution%20for%20a%20multi-billion%20dollar%20problem.pdf
Huffstutter, P.J. And Polansek, T. (2012, Jul 13). With ego too big to fail, Iowa broker admits 20-year fraud. Reuters. Retrieved from: http://news.yahoo.com/pfgbest-ceo-arrested-iowa-brokerage-fails-181115538 -- sector.html
Johnson, S.A., Ryan, H.E., and Tian, Y.S. (2008, Feb 29). Managerial Incentives and Corporate Fraud: The Sources of Incentives Matter. Retrieved from: http://www2.wu-wien.ac.at/rof/papers/pdf/Johnson-Ryan-Tian_Managerial%20Incentives%20and%20Corporate%20Fraud.pdf
Langevoort, D.C. (2007). On Leaving Corporate Executives "Naked, Homeless and Without Wheels": Corporate Fraud, Equitable Remedies, and the Debate Over Entity vs. Individual Liability. Georgetown Law; The Scholarly Commons. Retrieved from: http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1453&context=facpub&sei-redir=1&referer=http%3A%2F%2Fscholar.google.co.za%2Fscholar%3Fhl%3Den%26q%3Dcontrols%2Bon%2Bcorporate%2Bfraud%26btnG%3D%26as_sdt%3D1%252C5%26as_sdtp%3D#search=%22controls%20corporate%20fraud%22
EU's Current Anti-Fraud Strategy
For some time now, the issue of fraud and corruption in public service has been an issue of concern. This has forced many organizations to establish strategies aimed at detecting and minimizing the occurrence of such fraudulent activities in areas under their jurisdiction. This paper discusses the strategic management concepts in the risk-based policing strategy coupled with the principles and importance involved in the enhancement of organisational performance. Complementary factors and organisational culture are components that facilitate and militate against strategic fraud and corruption. The paper established alternative and successful strategies dependent on the factors of willingness of groups and individuals and ways of accepting them. In turn, this is dependent on the people seeking change and an understanding of the organisation's culture. The following study identifies the strengths and weaknesses of the European Anti-fraud Office (OLAF) as a strategy used by the European Union in…
Barr, D., (2010). Fraud and error: The Future. Department for Work and Pensions
Brooks, G., Aleem, A., & Button, M., (2013). Fraud, Corruption and Sport. New York: Palgrave Macmillan.
Button, M., & Gee, J. (2013). Countering Fraud for Competitive Advantage: The Professional Approach to Reducing the Last Great Hidden Cost. New York: John Wiley & Sons.
Collier, P. (2005). Management Accounting-Risk and Control Strategy. New York: Elsevier.
Corporate Social Responsibility (CSR) in this article discusses the fact that corporate responsibility is fledgling in protecting employees at Ealing Hospital. The case discusses instances when professionals lost their jobs when stepping forward to report others fur unethical conduct. There is evidence that the hospital has covered up several instances of fraud and attempted to remove those that reported wrongdoing. The Health Secretary, Stephen Dorrell has reported that an investigation will be conducted to review the actions against whistleblowers (Lakhani, 2011).
There are many health colleagues who have come to the aid of those facing unemployment and blacklisting as a result of stepping up. These health professionals are adamant in getting compensation and protection through NHS or the Strategic Health Alliance for histleblowers. That is health professionals willing to put themselves on the line to protect patients and expose gross neglect and waste of taxpayers money (Lakhani, 2011). One…
A.B. Carroll. A Three-dimensional conceptual model of corporate social performance,' Academy of Management Review, Vol. 4, 1979: pp. 497-505.
Hohnen, Paul. 'Corporate social responsibility: an implementation guide for business'. 2007. International Institute for Sustainable Development.
Lakhani, Nina. 'Hung out to dry: scandal of the nhs whistleblowers'.
The other two cases looked at errors that were made deliberately by subsidiary management and, in both cases, were both quantitatively and qualitatively material.
Due to the fact that most fraud starts at the bottom, is it very important for executives to always be looking for things that do not appear to be right. Fiscal honesty is crucial in financial markets. It is essential that management quickly resolve any monetary issues that come up. Delay only compounds accounting indiscretions. The consequences to all concerned, the business, its investors and creditors, and administration, are that if things are left unattended they will only get worse.
There is no alternative to good systems of recordkeeping, controls, and oversight. Management cannot be distant and disinterested. Financial reports must be looked at and examined, not just amassed. Discrepancies must be rapidly resolved. Communication of accounting rules and measures must be apparent and timely. Doubts…
Weinstein, Edward a. (2010). When it Comes to Fraud, it's Better to Be Safe than Sorry. The CPA Journal, p.6-9.
Corporate Social esponsibility
The purpose of this case study is close synopsis of the Enron case and its impact on consumers and corporate business practices alike. Prior to its collapse Enron had been named one of America's top 10 admired corporations, and its boards "was acclaimed one of the U.S.' best five" (eed, 2004). Throughout the 1990s the company experienced tremendous growth and profits exceeding $180 billion, employing more than 30,000 people worldwide (eed, 2004).
Enron collapsed however and went bankrupt, a process that "outraged and impacted stakeholders tremendously and resulted in numerous congressional investigations" (eed, 2004). The "implosion" of the company "wreaked havoc on accounting like no other case in American history; the collapse of the system called into question the adequacy of U.S. disclosure practices and the integrity of independent audit processes" (Thomas, 2002).
Overview of the Case
In October of 2001 Enron executives announced they were taking…
Berlau, John; Spun, Brandon. (2002). "Is Big business ethically bankrupt? Boom in business ethics courses is likely in the wake of the Enron scandal, but critics say these classes need to focus on moral rather than political corrected ness." Insight on the News, Vol. 18, Issue 10, p. 16
Farrell, G. (2002). "Impact to reverberate from Wall Street to D.C." USA Today. October 10, 2004, http://www.usatoday.com/money/energy/enron/2002-06-17-andersen.htm
Hoops, J. (2004). "Enron revisited: where are we today?" The Trusted Professional,
October 11, 2004,
Article 3: Evaluation of high- and low- risk investment projects
Ispas, Constantin, Eduard Lovin, & Dana Tilina. (2009). Risk analysis in investment projects.
Annals of DAAAM & Proceedings. Retrieved October 23, 2010 at FindArticles.com http://findarticles.com/p/articles/mi_7105/is_2009_Annual/ai_n53386583/
Accurately evaluating the technical, economic and social risk of a new investment project is critical. Common potential risks include errors in evaluating opportunity growth; errors in data-gathering; misevaluating the priority of the economic objective to be achieved, mis-projections of project scope (otherwise known as 'project creep'); and radical and unexpected changes in the economic environment. Evaluating risk is a multi-faceted process. It entails an understanding of the physical, functional, and staff required to realize the project; assessing vulnerabilities and possible remedies; risk adjustment; prioritizing on organizational risk hierarchies; making risk comparisons within the organization and globally; and appropriate use of risk matrices.
Article 4: Valuation of stock and stock portfolios
Lerzan, Aksoy, Bruce Cooil, Christopher…
Q1. How have accounting techniques changed in recent years? How do they resemble practices in Italy during the Renaissance?
According to McCrie (2016), one of the great innovations which emerged during the Renaissance was that of double-entry bookkeeping. This technique, still used today, records the organization’s assets in one column or book versus liabilities, or claims on those assets (p.252). The term “dual entry” came into practice given both records were listed in dual columns. Still, some substantial innovations have taken place since the early days of double-entry bookkeeping, most notably the advent of technology such as computers to compute assets and store data. The actual book of originally-recorded assets in real time now called a journal and the book which records the cumulative data is called a ledger. Debits and credits are the terms are now the preferred terms for assets and liabilities. But while terminology has changed and…
corporate ethical breaches in recent times, assess whether or not you believe that the current business and regulatory environment is more conducive to ethical behavior. Provide support for your answer.
Unethical behavior has drawn the attention of the public for the few last decades in all kinds of business. Many transformations in the business environment have taken place, including immoral conducts and the tendency for corruption. Unethical accounting behavior is also included as a consequence. So the government has been forced to increase regulations and inspect actions taken in business, most especially after the Enron, Tyco, WorldCom and other unethical accounting scandals. As a result of the mentioned scandals, the government then passed the Sarbanes-Oxley Act in 2002 providing regulatory requirements for better precision in business action, accountability and assurance of ethical accounting behavior by publicly held companies and accounting firms. According to Calle (2000), the total number of boards…
Academy Of Management Learning & Education, Beenen Gerard, & Pinto Jonathan (2009). Resisting Organizational-Level Corruption: An Interview with Sherron Watkins. Academic Management Learning & Education, 8(2), 275-289.
Calle, J. (2000). Ethics in Business. Retrieved January 26, 2013, from http://www.pro2net.com
Gilman, S., Harned, P., Navran, F., & Brown, J. (2009, May 29). Ten Things You Can Do to Avoid Being the Next Enron. Retrieved January 26, 2013, from http://www.ethics.org / resource/ten-things-you-can-do-avoid-being-next-enron
Krugman, P. (2002, January 18). New York Times. System Corrupted., pp.A-23.
What is financial fraud?
Effect on Economy
Are we Protected?
Identity Theft in Business
Loss Prevention Planning and Strategies
Financial fraud was an unfamiliar notion prior to the 2000's, but has become a controversial and familiar term due to economic woes, public disapproval and revamped financial regulations. Light was shed on some of America's top organizations intentionally changing their accounting books to look more attractive to investors than they were in actuality. Institutions and/or ranking officials at institutions were falsely publishing financial statements with fabricated values and profits presenting the illusion that investments with these entities were producing and would continue to produce consistent returns. In addition to recurring fraudulent activity, new highs for deposits of fraudulent checks were recorded by banks nationwide.
Government agencies aim to set regulations, enforce regulations, and protect American businesses and consumers from fraudulent activity. Laws are…
Elliott, T.L. (2013). Business ethics perspectives: Faculty plagiarism and fraud. Journal of Business Ethics, 112(2), 91-99.
Laufer, D. (2011). Small business entrepreneurs: A focus on fraud risk and prevention. American Journal of Economics and Business Administration, 3(2), 401-404.
Nikitkov, A. & . (2008). Online auction fraud: Ethical perspective. Journal of Business Ethics, 79(3), 235-244.
Yallapragada, R.R. (2013). Accounting fraud, and white-collar crimes in the United States. Journal of Business Case Studies, 8(2), 187.
Medicare and Medicaid Services (CMS), previously the Health Care Financing Administration (HCFA), that by the time 2011, health care expenditure will arrive at $2.8 trillion, as well as it will bill for 17% of the Gross Domestic Product. As a result, it is no revelation that white-collar offenders observe health care deception as a rewarding effort. Certainly, the General Accounting Office ("GAO") quotes that such deception accounts for up to 10% of entire health care expense (3).
As health care deception outlays taxpayers almost $100 billion a year, federal, as well as state agencies have given health care fraud tribunal a key center of attention. All through her term, Attorney General Janet Reno made impeaching health care fraud a top precedence at the Department of Justice ("DOJ"), subsequent only to brutal offenses (3).
The government focuses its pains to perceive, as well as take legal action against health care fraud…
(1) Adelaide Few & Jay Trezevant, Fighting the Battle Against Health Care Fraud & Federal Enforcement Actions, 72 FLA. B.J. 34, 34-6 (1998)
(2) Alice A. Love, Leniency Offered Health Care Providers that Admit Federal Fraud, S.D. Union Trib., Oct. 22, 1998
(3) Andy Bunds, The results of the Health Insurance Regulations on Health Care Fraud and Abuse, 72 Mont L. Rev. 63, 72 (2001)
(4) Brian A. Kaset, Sailing Without Safe Harbors: Physician Recruitment and the Law of Fraud and Abuse, 9 Healths Span. 9, 9 (1992)
Companies secretly collecting and selling information about your online behavior
The large-scale information collection, information sale, and free access to sensitive, private information, accompanied by inadequate regulatory controls, leaves much room for misuse. Those who desire to limit access to their personal details find themselves with scant options as, in a majority of instances, parties that collect data are able to categorize, store, and sell free or captured information without the consent of the concerned individual. Even in instances where information is voluntarily given to social networking or e-shopping websites, web users cannot control who the information will be sold to (Tsesis, 2014). The data industry is currently a three-hundred-billion-dollar-per-annum industry, with around three million employees in the US alone. Information brokers attempt to understand customer identity and interests. For organizational delivery of more relevant advertisements to customers, data-brokering companies have to provide information on services and products of potential…
Utility Ethics: Enron
Utility Ethics at Enron
Why utility ethics is a valid way of deciding right and wrong
Utility ethics are considered to be universal, growth-driven, and offer service to the organization with the only consideration of the right and the wrong. Utility ethics is a valid way of deciding the right and wrong because growth does not always mean that it is right. The same perspective does not apply to failing: failure to grow does not mean the bad. Ethics touches on the best and universally acceptable interactions between the resources, human resource and tools for growth and development within an organization. Utility ethics are universal, with no bias, and always poised for higher chances of growth within an organization. Moreover, utility ethics consider the result and not the immediate results. They are founded on the basis that the process has to be good to have a better…
Chandra, G. (2003). The Enron Implosion and Its Lessons. Journal of Management Research, 3(2), 98-111.
Free, C., Macintosh, N., & Stein, M. (2007). Management Controls the Organizational Fraud Triangle Of Leadership, Culture, and Control in Enron. Ivey Business Journal Online
Hamilton, B. (2012, June 7). Utility Test. Ethics Ops
Madsen, S., & Vance, C. (2009). Unlearned Lessons From The Past: An Insider's View Of Enron's Downfall. Corporate Governance, 9(2), 216-227.
Clearly, he companies engaged in this practice were operating with direct intention, and a roper governance system would have made this obvious and prevented it.
In another telecommunications case, a company was found to have included spyware in a company-sponsored "software upgrade" to users' cell phones, that enabled the company to collect confidential information from users' phones without their consent (Khaleej Times, 2009). Not only is this practice clearly unethical, but it is also illegal despite a lack of stringency in the detection of such crimes and the prosecution of large-scale corporate offenders such as telecommunications companies. Again, greater transparency and internal control would have allowed this practice to be discovered much sooner, and the risk of discovery almost certainly would have prevented this action from ever occurring. Corporate governance works best when it is so strong it is only rarely and usually accidentally tested; when purposeful actions…
ADCCG. (2012). Accessed 7 May 2012. http://www.adccg.ae/
ADX. (2012). Mission & Vision. Accessed 7 May 2012. http://www.adx.ae/English/AboutADX/Pages/MissionVision.aspx
Creffield, L. (2007). Why you can't block Skype. Accessed 7 May 2012. http://www.ameinfo.com/93716.html
Etisalat. (2011). 2010 Annual Report.
Corporate governance, IT Governance and Information Security Governance
IS 8310 Governance, isk Management and Compliance
Governance is the process of empowering leaders to implement rules that are enforceable and amendable. For comprehensive understanding of the term' governance' it is essential to identify the leaders and the set of rules, and various positions that leaders govern. Corporate governance, IT Governance and Information Security Governance embraces a linkage with certain acquiescence system while focusing on information security and privacy issues in the organization. This work will give a distinction between the three terms and identify how they related to each other and how endeavors to comply with each system is leveraged to apply to each other.
Governance is the process of empowering leaders to implement rules that are enforceable and amendable. Therefore, for comprehensive understanding of the term' governance' it is critical to categorize the leaders and the set of rules,…
1) Adegbite, E. 2009. Corporate governance Journal of the Society for Corporate Governance in Nigeria 1(1): 45-48.
2) Adegbite, E. 2010. A scrutiny of corporate governance. Journal of the Society for Corporate Governance 2(1): 242-265.
3) Adegbite, E. 2012. Corporate governance in the banking industry: Towards a strategic governmental engagement. International Journal of Business Governance and Ethics 7(3): 209-231.
4) Barnhizer, D. 2006.Waking from sustainability's 'impossible dream': the decision-making realities of business and government. Georgetown International Environmental Law Review, 18,662; Cleveland-Marshall Legal Studies Paper
Financial Fraud Fannie Mae
eview of Fraud Schemes within Fannie Mae 1998-2004
The agency found the fraud understatements of earnings and illegal gratuities that led to accounting violations and inability to meet Wall Street goals.
The investigation of Lee Frakas, executive of a major mortgage company which had dealings with Fannie Mae with hundreds of fake mortgages. The Securities Exchange Commission cited that Fannie Mae had to repay earnings and correct their books for the period 2001 through 2004. This major undertaking will cost the company over $11 billion by SEC estimates. In addition the Department of Justice has conducted a criminal investigation on the board members.
The top executive managing Fannie Mae were found guilty of illegally reporting accounting information that led to their receiving million dollar payments. Under Fraudulent Financial Statement Schemes this case is one of corruption and financial fraud. The specific areas include Illegal…
Associated Press. (2006). Fannie Mae manipulated accounting. Retrieved January 19, 2012 from http://www.msnbc.msn.com/id/12923225/ns/business-corporate_scandals/t/report-fannie-mae-manipulated-accounting/#
Schoenberg, T. (2011). Silence on taylor bean opened the way to $3 billion fraud. Retrieved January 19, 2012 from http://www.freerepublic.com/focus/f-news/926704/posts
ole of Technology in Corporate and Social esponsibility
Insider trading. The insider trading case that has become most prominent is that against aj ajaratnam who ran the hedgefund Galleon Group, and was charged along with his co-defendant, Danielle Chiesi, a former consultant with New Castle Funds, LLC ("Insider Trading," 2010). ajaratnam was convicted of 14 counts of insider trading, which makes this case the largest scheme concocted by a hedge fund ("Insider Trading," 2010). ajaratnam's sentence was 11 years in prison accompanied by a $10 million fine ("Insider Trading," 2010). ajaratnam was part of a "triangle of trust" that functioned as a deliberately corrupt business model in which inside information is fed through networks of experts to traders within various companies ("Insider Trading," 2010). Along with five others, ajaratnam worked with a network of consultants and insiders to net in excess of $20 million between the years 2006 to 2009…
Angwin, J. (2010, July 30). The new gold mine: Your secrets. The Wall Street Journal. Retrieved http://online.wsj.com/article/SB10001424052748703940904575395073512989404.html A web of insider trading charges. (2010, April 1). The New York Times. Retrieved http://www.nytimes.com/interactive/
Insider Trading, Times Topics, (2011, December 6). The New York Times. Retrieved http://topics.nytimes.com/topics/reference/timestopics/subjects/i/insider_trading/index.html
Representative Stearns introduces consumer privacy protection act. (2011, April 15). Privacy and information Security Law Blog. Hunton & Williams LLP. Retrieved http://www.huntonprivacyblog.com/2011/04/articles/representative-stearns-introduces-consumer-privacy-protection
Without proper background checks prior to making the hiring decision, an organization can find itself employing individuals who have recently been fired elsewhere for fraud or theft.
An organization can also seek to prevent employee fraud as well as theft by developing well drafted and concise guidelines in regard to acceptable standards of conduct. In the opinion of Beesley (2011), there is an existing need for each and every business to have in place "an employee code of ethics and conduct." The author in this case points out that although such a document cannot entirety prevent instances of fraud; it does make a contribution to the promotion of lawful and ethical conduct.
Beesley (2011) also reaffirms Siegel's assertion as highlighted earlier on in this text that employee fraud largely has little or nothing at all to do with economic problems or conditions. As the author points out, studies have in…
Beesley, C. (2011). 6 Tips for Preventing Employee Theft and Fraud in the Workplace. Retrieved May 22, 2012, from SBA.GOV website: http://www.sba.gov/community/blogs/community-blogs/small-business-matters/6-tips-preventing-employee-theft-and-fraud-wo
Bologna, J. & Shaw, P.D. (1997). Corporate Crime Investigation. Burlington, MA: Elsevier.
Siegel, L.J. (2010). Criminology: Theories, Patterns, and Typologies (11th ed.). Belmont, CA: Cengage Learning.
Ethics, Corporate Governance and Company Social esponsibility
Information that is essential to share includes financial performance, business strategy and overall company actions (Pfeffer, 1998). Sharing this information gives the employees the power to evaluate their performance and help them make the right decisions on how they can improve it. This is a simple and very straightforward practice but most companies are still apprehensive about this practice. One cause for this is that information is power and by sharing essential information like financial performance the management is scattering that power. Another reason is that the management is concern about information escaping to competitors. This will put the organization in an unfavourable position. But what companies do not realize that the competition most probably already know this information. Thus if a company withheld information they are only leaving their own employees in the dark. Because of this, employees will reply on speculation…
Green, K.W., Wu, C., Whitten, D., & Medlin, B. (2006). The impact of strategic human resource management on firm performance and HR professionals' work attitude and work performance. International Journal of Human Resource Management, 17(4), 559-579.
Hammer, L.B., Kossek, E.F., . Yragui, N.L., Bonder, T.E., and Hanson, G.C. (2009). Development and Validation of a Multidimensional Measure of FamilySupportive Supervisor Behaviors (FSSB). Journal of Management. 35(4), 837-856.
Harris, L., & Ogbonna, E. (2001). Strategic human resourcemanagement, market orientation, and organizational performance. Journal of Business Research, 51(2),157?166.
Hatch, N.W., & Dyer, J.H. (2004). Human capital and learning as a source of sustainable competitive advantage. Strategic Management Journal, 25(12), 1155?1178.
This was followed by the enactments by House of Lords in 1897 in Solomon v. Solomon & Company. The concepts of corporate entity and limited liability were incorporated in English law in the same period. In this case, the head court announced that a company is a separate legal individual completely different from the members or shareholders.
From this announcement, we can say that a company is a separate legal entity having a separate life, different from its members. A company can be an owner of any property, can sue anyone, can be sued by anyone and has a life just as any going concern. It is a commonplace of the law, is a very heavy veil drawn between the two can be lifted in many cases; it seems that only a limited number of changes is based on current judicial thinking.
2.2 Some doctrines about Corporate Veil
AW Machen, "Corporate Personality" (1910) 24 Harvard Law Review 253
J Dewey, "The Historic Background of Corporate Legal Personality" (1926) 35 Yale Law Journal 655
C Alting, "Piercing the corporate veil in German and American law - Liability of individuals and entities: a comparative view" (1994 -- 1995) 2 Tulsa Journal Comparative & International Law 187
AA Berle, "The Theory of Enterprise Entity" (1947) 47(3) Columbia Law Review 343
" hile there are factors like peer pressure and authority that come into play, some research claims to have isolated significant features of an individual's character that make them more likely to commit acts of fraud, bribery and falsification in the corporate context (27, 2009). For example, those people with "high levels of ambition were more likely to transgress moral codes, competitively stab colleagues in the back and make dubious decisions relating to asset-stripping, disinvestment, and so on" (27, 2009).
Trevino's (1986) work is relevant when it comes to understanding individuals and corruption. There are a couple questions regarding moral personality that come up: first of all, whether or not a person sees an event or issue as a moral problem; the second is how they decide to act in relation to that problem. Kohlberg's theory of cognitive moral development emphasizes the cognitive or reasoning aspect of moral-decision making (604,…
Bratsis, Peter. The Construction of Corruption, or Rules of Separation and Illusions of Purity in Bourgeois Societies. Social Texts, 21(4), 9-33.
Burke, Ronald J. & Cooper, Cary L. Research Companion to Corruption in Organizations
(New Horizons in Management). Edward Elgar Publishers, 2009.
Fleming, Peter. & Zyglodopoulos, Stelios C. Charting Corporate Corruption: Agency,
Asset misappropriation schemes are frauds in which the perpetrators use trickery or deceit in order to steal or misuse the resources within an organization. When asset misappropriation occurs the specific assets of the organization are taken directly for the benefit the specific person who is committing the fraud. People who are in a position to commit asset misappropriation related crimes cane be employees within an organization, vendors or customers of an organization, or it could also be people who are totally unrelated to the victim organization. A distinguishing element when it comes to asset misappropriation is the fact that the assets belonging to the organization are taken through deceitful or trickery means rather than through force. The actual act of asset theft concealment and conversion should all be present. Asset misappropriation is a major problem in organizations all over the world. esearch suggests that organizations loose almost 7% of their…
Albrecht, C., Kranacher, M., & Albrecht, S. (2010).Asset Misappropriation Research White Paper for the Institute of Fraud Prevention. Retrieved September 6, 2013 from http://www.theifp.org/research-grants/IFP-Whitepaper-5.pdf
Peltier-Rivest, D. (2011).Detecting Occupational Fraud in Canada. Retrieved September 6, 2013 from http://www.acfe.com/uploadedFiles/ACFE_Website/Content/documents/rttn-canadian.pdf
Coenen, T. (2012).Three Basic Fraud types. Retrieved September 6, 2013 from http://www.allbusiness.com/crime-law-enforcement-corrections/criminal-offenses/6635361-1.html
Barret, B. (2011).Different Types of Business Fraud. Retrieved September 6, 2013 from http://www.brighthub.com/office/finance/articles/123108.aspx
Corporate communications involves not just the message, but the idea that communications are managed, and are connected to corporate objectives (Cornelissen, 2004). Therefore, when communication possibilities were limited, corporate options were limited, and one did not see communications management perspectives that advocated the type of intimate connection between communications and corporate strategy that one sees in a modern context (Cornelissen, 2004). What this makes clear is that CC is not simply, or even primarily, about communications; it is an overall corporate strategy that helps define how a corporation interacts with the world.
The emphasis on communication is very different from how corporations were traditionally, historically structured. Traditionally, strategic planning occurred at the top of the corporate structure, management was considered a mid-level activity, and operational control was the function of first-level management, and this corporate strategy was used in most workplaces (Oliver, 1997). However, as institutional hierarchies were challenged and…
Argenti, P 2007, The power of corporate communication. Available from:
. [17 July 2011].
Argenti, P 2006, The power of integration: building a corporate communication function that is greater than the sum of its parts. Available from: . [13 July 2011].
Argenti, P & Forman, J 2002, The power of corporate communication: crafting the voice and image of your business. McGraw-Hill, New York.
Every company has corporate governance initiatives in place. Consider that corporate governance simply refers to how the company is run and controlled. The current usage of the buzzword derives from the issues that a few companies had where executives or managers were not subject to appropriate levels of governance. Thus, the guidelines issued recently by the OECD, the ASX, the Combined Code and in Sarbanes-Oxley serve to institutionalize stronger corporate governance policies in order to strengthen public confidence in capital markets. Most companies would already be following these guidelines.
For example, the first category covered by the Combined Code is about the Board of Governors. Boards of Governors have always been responsible for corporate governance -- for our company not to have any governance policy would imply that it does not have a Board. hat is recommended is that the Board has specific features and structures. One recommendation…
ASX: Corporate governance. (2011). Retrieved November 30, 2011 from http://www.asx.com.au/governance/corporate-governance.htm
Friedman, M. (1970). The social responsibility of business is to increase its profits. New York Times Magazine. Retrieved November 30, 2011 from http://www.colorado.edu/studentgroups/libertarians/issues/friedman-soc-resp-business.html
No author. (2011). Management compliance guide. Sox Toolkit. Retrieved November 30, 2011 from http://www.soxtoolkit.com/sox-govern.htm
OECD principles of corporate governance. (2004). Retrieved November 30, 2011 from http://www.oecd.org/document/49/0,3746,en_2649_34813_31530865_1_1_1_1,00.html
internal control weaknesses that existed at MCI that contributed to the commission of accounting fraud
The internal control weaknesses that existed at MCI that contributed to the commissioning of the accounting fraud was related to the very fact that Pavlov had the ability and access that allowed him to manipulate the account receivable system. Since he helped in the creation of the account receivable process, he was very ware of the system's strength and weaknesses as well as how to exploit them by manipulating the system (Lyon & Tocco,2007).He was therefore able to fraudulently receive payments, update as well as manipulate the account receivable records. This allowed him an opportunity of defrauding the firm and its clients by embezzling the funds to offshore accounts.
The exact fraudulent practices and tricks that Pavlo and his co-conspirators engaged in included the following:
The identification of the account receivables that were about to…
Carpenter, T., Durtschi.,C and Gaynor., LM (2002).The Role of Experience in Professional Skepticism, Knowledge Acquisition, and Fraud Detection
Fullerton, Rosemary and Durtschi, Cindy (2004).The Effect of Professional Skepticism on the Fraud Detection Skills of Internal Auditors (11 November 2004)., . Available at SSRN: http://ssrn.com/abstract=617062 or doi:10.2139/ssrn.617062
Kranacher, M.,Riley, R., Wells, JT., (2011).Forensic Accounting and Fraud Examination, 1st Edition.Association of Certified Fraud Examiners .
Other tools frequently used in this approach are positioning surveys and moving-average trend following trading rules. Fund managers regularly use these patterns to take informed decisions for short-term investments (Exchange ate Forecast, 2010).
Exchange rate risk affects both revenues and costs, which in turn affects a company's marketing, production, and financial decisions (Shapiro, n.d.). If a company's revenues are down then they might find themselves with less money to produce and market their product or service. If a company cannot produce or market their product or service they will probably not remain in business for very long. This is why it is so important to make financial decisions based upon a good model for forecasting exchange rates. A company's bottom line and ultimately their continued success rely heavily on their capability to have enough money to produce products and market them. A company that has no money to manufacture and…
2011 New design solar water heater. (2011). Retreived from http://www.alibaba.com/product -
Boyabatl, O. & Toktay, L.B. (2004). Operational Hedging: A Review with Discussion.
Retrieved from http://www.prism.gatech.edu/~bt71/articles/pompaper.pdf
The company showed a global reach early, adding numerous language versions around the world. In 2000, the company reached 18 million search queries per day and officially became the world's largest search engine ("Google, Inc." paras. 11-14).
The company now sought to address its need for income by introducing a keyword-targeted advertising program for another source of revenue. The company partnered with Yahoo! And with other partners, such as China's leading portal NetEast and NEC's BIGLOBE in Japan. Google introduced Adords, a self-service advertising program that could be activated with a credit card. By December of 2000, Google received more than 60 million searches per day and reached the 100-million search mark per day in 2001 ("Google, Inc." paras. 15-16).
Google as a Public Company
Google would offer an IPO of stock beginning in 2004. McShane and Von Glinow cite Google as a successful company, especially in terms of navigating…
Bylund, Anders. "All Aboard Google." The Motley Fool (6 June 2007). February 10, 2008. http://www.fool.com/investing/value/2007/06/06/all-aboard-google.aspx .
Everett, Chad. "The Google Way." Infoworld (23 February 2004). February 12, 2008. http://web.ebscohost.com/ehost/pdf?vid=4&hid=4&sid=e2bbe58a-ff50-4544-be56-d20f347f3c1f%40SRCSM2 .
Google Inc." Hoover's Online (2007). http://www.hoovers.com/google/--ID__59101 -- /free-co-factsheet.xhtml.
Google, Inc." International Directory of Company Histories, Vol. 50. St. James Press, 2003. Reproduced in Business and Company Resource Center. Farmington Hills, Mich.:Gale Group. 2008. http://galenet.galegroup.com/servlet/BCRC
Public elations (Corporate social responsibility)
The term 'Corporate Social esponsibility' refers to the social responsibility that a Company must honor towards the public, especially those people who have direct contact with and are therefore directly affected by the policies and actions of the company. The feeling that the social responsibility of multi-national companies are not of such standards that would satisfy the general public has lead to widespread protests and demonstrations against these companies at almost every free-trade meeting at the regional and national as well as the multi-national levels. The protests are also generally against worldwide globalization. Almost all major multinational companies are found lacking in their responsibilities towards the public. It is not at all sufficient for a company to satisfy its shareholders and investors and employees and the community in which they function from; in fact, these companies are expected to be aware of and take an…
CEO's Message" HP Standards of Business Conduct. Retrieved at http://www.hp.com/hpinfo/globalcitizenship/csr/sbcbrochure.pdf . Accessed on 7 September, 2004
Corporate Social Responsibility" 2004. Retrieved at http://www.takingitglobal.org/themes/csr/ . Accessed on 7 September, 2004
Corporate Social Responsibility" Retrieved at http://www.hp.com/hpinfo/globalcitizenship/csr/. Accessed on 7 September, 2004
Danng, Lyng. 2004. "Who is monitoring the multinational?" 17th May. Retrieved at http://www.vibewire.net/articles.php?id=2671Accessed on 7 September, 2004
A Corporate Compliance and Enterprise isk Management Plan for iordan Manufacturing
iordan Manufacturing is a wholly owned subsidiary of the Fortune 1000 company iordan Industries, and is engaged in the manufacturing of a variety of finished plastic goods and parts for use in other finished products that the company as been contracted to provide. The company has been highly successful utilizing a global network of manufacturing and distribution to maximize profitability by reducing labor costs and diversifying its product offerings, but this international exposure also places certain legal constraints and responsibilities on the company that must be accounted for in iordan Manufacturing's corporate compliance plan, which is the primary focus of the following paper.
In order to develop this corporate compliance plan, however, some background information on the company is necessary to determine organizational structure and culture, and also to develop a corporate compliance plan that is in keeping…
COSO. (2004). Enterprise risk management. Committee of Sponsoring Organizations of the Treadway Commission. Accessed 30 November 2010. http://www.idkk.gov.tr/html/themes/bumko/dosyalar/yayin-dokuman/COSOERM.pdf
EPA. (2010). Cleaning up our land, water, and air. Accessed 30 November 2010. http://www.epa.gov/oswer/cleanup/
HG. (2010). Alternative dispute resolution. HG Legal Directory. Accessed 30 November 2010. http://www.hg.org/adr.html
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Because lending institutions stood to lose anytime borrowers defaulted on a loan, lenders always engaged in a very careful process of ensuring that loan applicants were capable of repaying any debts they sought to take on (Phillips, 2008).
Deregulation shortly before the turn of the century eliminated the self-interest basis of rejecting risky debtors, leaving only legal and ethical obligations to exercise due diligence in good faith (Phillips, 2008). Unfortunately, mortgage lenders throughout the nation began issuing loans irresponsibly and often without any collateral or interest due on the loan. Since they intended to sell off the obligation anyway, they had little concern for what might happen subsequently. Likewise, home realtors and mortgage brokers began aggressively soliciting business from customers unethically, often by exploiting their ignorance about variable-rate mortgage loans. Unfortunately, this process also triggered an artificial housing bubble based largely on inflated property value statements and those overvalued but…
OH: West Legal Studies.
Phillips K. (2008). "Bad Money: Reckless Finance, Failed Politics, and the Global Crisis
of American Capitalism" New York: Viking.
Business Society and Corporate Values
There has indeed been a great deal of discussion regarding CEO compensation, which is rightly viewed as being completely out of line. The core problem and cause of inflated CEO salaries cannot be attributed to a single reason, but is rather the result of a range of inter-connected factors. What is definitive is the fact that these salaries have inflated over time; this is in part due to the fact that greed is a progressive, boundless factor. "According to the Economic Policy Institute, in the late 1970s, total compensation of chief executives in large American corporations was 35 times that of the average American worker. In 2007, it was 275 times that" (Borger, 2007). These facts alone demonstrate that there is good reason to be in a state of alarm. The reasons for such severely inflated and remarkably unjust salaries are a result of the…
Ball, P. (2012, July 4). GlaxoSmithKline's bribes are evidence that Big Pharma isn't working. Retrieved from Guardian.co.uk: http://www.guardian.co.uk/commentisfree/2012/jul/04/glaxosmithkline-big-pharma-not-working
Borger, J. (2008, September 5). Why do CEOs make so much? Retrieved from Minnpost.com: http://www.minnpost.com/politics-policy/2008/09/why-do-ceos-make-so-much
Boselovic, L. (2011, May 15). Rajaratnam case puts big chill on insider trading. Retrieved from post-gazaette.com: http://www.post-gazette.com/stories/business/news/rajaratnam-case-puts-big-chill-on-insider-trading-297777/
Choudhury, U. (2011, October 14). Rajaratnam becomes a 'whipping boy' for Wall Street misdeeds. Retrieved from firstpost.com: http://www.firstpost.com/business/rajaratnam-becomes-a-%E2%80%98whipping-boy%E2%80%99-for-wall-street-misdeeds-107346.html
Identity theft and fraud of many types and forms are obviously a major inconvenience and hindrance to anyone that falls prey to a person that engages that crime. There are many variants and forms of fraud and identity theft out there. One of the more insidious and nasty examples of those crimes would be that which relates to healthcare. Indeed, to have people's wallet, healthcare and the taxpayer dollar on top of that all potentially compromised in one fail swoop is a very ominous and nefarious endeavor. Even so, it happens all of the time and to all sorts of people. egardless of the particular situation or scenario, any instances of fraud or abuse when it comes to healthcare insurance, healthcare providers and the services dispensed from all of the above are never a good thing. While healthcare is deemed to be a right to be extended without…
Badano, G. (2016). Still Special, Despite Everything: A Liberal Defense of the Value of Healthcare in the Face of the Social Determinants of Health. Social Theory &
Practice, 42(1), 183.
Budetti, P. P. (2015). New strategy, technology emerging in ongoing fight against healthcare
fraud. Modern Healthcare, 45(29), 25.
Enron was one of the biggest business collapses, and one of the most egregious incidents during a period in the early 2000s when investor faith in the securities system was shaken by a series of scandals. The scandals varied in terms of their composition, but behind each of them was greed, the drive by senior management teams to defraud securities regulators and investors for their own gain. This paper will look at the Enron fraud in particular. This was probably the worst, for the bald-faced contempt that Enron management showed to securities regulators, and the biggest, as Enron was one of the stars of the stock market during its ride up, and crashed to worthlessness almost instantly.
As with most cases of stock market fraud, the key players were the senior executives. At Enron, the key players were Kenneth Lay, Jeffrey Skilling, Andrew Fastow and the accounting…
The corporate scandals of the last fifteen years have brought the issue of corporate accountability to new light, adopting at times a center-stage discussion. When the Bernie Madoff scandal broke, many professionals turned to the accounting department at Madoff Securities along with the auditors who had audited the firm before. Madoff was the one who admitted to stealing $50 billion dollars during the decades that his firm was open -- even though his firm hadn't purchased securities in over 13 years. Such an admission of guilt demonstrates that without strict and enforceable tenets of corporate accountability, $50 billion dollars really can just disappear. Thus corporate accountability is something that needs to be fostered both internally and externally: if it is only enforced and fostered in one way, then this imbalance is doomed to create failure along with other ethical sunsets.
In order to properly enforce corporate accountability, it…
Boehme, D. (2009, March). From Enron to Madoff: Why Many Corporate Compliance and Ethics Programs Are . Retrieved from compliancestrategists.org: http://www.compliancestrategists.org/wp-content/uploads/2012/09/March-5-2009-Boehme-PDF-Download.pdf
Davidson, P. (2013, September 26). N.Y. accounting exec arrested in Madoff fraud. Retrieved from usatoday.com: http://www.usatoday.com/story/money/business/2013/09/26/konigsberg-madoff-ponzi/2877643/
Ejolt.org. (2013, May). Corporate accountability. Retrieved from ejolt.org: http://www.ejolt.org/2013/05/corporate-accountability/
Jennings, M. (2006). The Seven Signs of Ethical Collapse. New York: St. Martin's Griffen.
In contrast, within the firm, the entrepreneur directs production and coordinates without intervention of a price mechanism; but, if production is regulated by price movements, production could be carried on without any organization at all, well might we ask, why is there any organization?" (Coase, 1937, p. 387) In simpler words if markets are so efficient why do firms exist? Coase explains, "the operation of a market costs something [such as the costs of negotiating and concluding a separate contract for each exchange transaction] and by forming an organization and allowing some authority (an "entrepreneur") to direct the resources, certain marketing costs are saved" (Coase, 1937, p. 391). Thus, firms actually present greater efficiency over markets by decreasing such costs.
That being said, if firms are so efficient, why are markets needed? (Coase, 1937). As per Coase, as the firm grows (when the entrepreneur processes additional transactions), decreasing returns to…
Adams, R.B. And Ferreira, D. (2003) Diversity and Incentives in Teams: Evidence from Corporate Boards. http://ssrn.com/abstract=321095
Agrawal, A. And Knoeber C.R. (1996) Firm Performance and Mechanisms to Control Agency Problems Between Managers and Shareholders Journal of Financial and Quantitative Analysis 31, 377-398.
American Management Associations (AMA) (1981) The Advisory Board Minutes of the National Association of Corporate Directors Meeting. New York (Headquarter)
Bauer, R., Guenster, N. And Otten, R. (2003) Empirical Evidence on Corporate Governance in Europe. The Effect on Stock Returns, Firm Value and Performance. EFMA Basel Meeting Paper http://ssrn.com/abstract=445543
This role is in response to clients' demands for a single trustworthy individual or firm to meet all of their financial needs. However, accountants are restricted from providing these services to clients whose financial statements they also prepare." (U.S. Department of Labor, ureau of Labor Statistics, 2009)
1. Public Accounting
The work entitled: "The Reality of the CPA's Role" states that modern CPAs work "behind the scenes as trusted advisors in nearly all significant business decisions. Successful accountants display the ability to think strategically and creatively and to be problem solvers and business advisors." (Douglass, 2006) Douglass states that the views of the CPA are widely varied "...whether from the viewpoint of the investing public or from the perspective of the companies that engage CPAs to audit their financial statements or perform other functions. In fact, many people not involved in the business management or accounting profession may perceive CPAs…
Douglass, Kevin (2006) the Reality of the CPA's Role New Jersey CPA Magazine, April 2006. Accounting and Auditing. Online available at: http://www.amper.com/publications/amper-cpa-role.asp
Erard, Brian (1992) Taxation with Representation: An Analysis of the Role of Tax Practitioners in Tax Compliance. Journal of Public Economics 52 (1993) 163-107. North-Holland. Online available at: http://aysps.gsu.edu/isp/files/ISP_SUMMER_SCHOOL_2008_ERARD_TAXATION_WITHOUT_REPRESENTATION.pdf
Financial accounting for Local and State School Systems (2005) Chapter 4: Governmental Accounting. National Center for Education Statistics. U.S. Department of Education, Institute of Education Sciences. Online available at: http://nces.ed.gov/pubs2004/h2r2/ch_4.asp
Garrison, Ray H. And Noreen, Eric W. (2009) What is Managerial Accounting/Cost Accounting. Accounting Management. Online available t: http://www.accountingformanagement.com/
Therefore, while police and military organizations provide fertile recruitment areas, job announcements must make explicitly clear than no level of previous professional experience in either field necessarily qualifies any applicant for the position. Naturally, candidates for management of this department must be carefully selected to avoid individuals with any biases in that regard in either direction (Dalton, 2003).
Access Control Security Specialists
Candidates for access control security responsibilities may also benefit from previous police or military experience but recruitment initiatives should be broad enough so as not to exclude potentially qualified candidates with extensive experience in other fields that provide training in the operation of high-tech access control equipment (
). In that regard, recruitment initiatives should include senior airport security screeners and individuals working in varied organizations where access control via high-tech systems is a primary responsibility. In all cases, recruitment initiatives must make explicitly clear than hiring decisions…
Dalton, D.A. (2003). Rethinking Corporate Security in the Post-9/11 Era. Burlington,
Haddow, G.D., Bullock, J.A., and Coppola, D.P. (2008). Introduction to Emergency
Management. Burlington, MA: Butterworth-Heinemann.
healthcare services, many people could encounter some form of discrimination on the basis of their race, gender, or even sexual orientation. Discrimination in healthcare may seem like it is not something that is a major issue. However, it absolutely does come up in many situations, states and environments. hether based on gender, religion, race or sexuality, discrimination happens at overt or implied levels all of the time. In other situations, there are huge disparities in healthcare outcomes from one group to another and many experts say that this can only come from systemic or sporadic instance of racism from the healthcare sphere, from society in general or a combination of the two. hile most people get very good care, there are situations where the healthcare and/or government sectors fall short. It is important to note that although people are not always aware of this; there are various laws that seek…
Cornell Law School. (n.d.). 11 U.S. Code Section 507 - Priorities. Retrieved from www.law.cornell.edu: https://www.law.cornell.edu/uscode/text/11/507
Cornell Law School. (n.d.). 18 U.S. Code Section 152 - Concealment of assets; false oaths and claims; bribery. Retrieved from www.law.cornell.edu: https://www.law.cornell.edu/uscode/text/18/152
lawschoolcasebriefs.net. (2002). Access Now, Inc. v. Southwest Airlines Co. Retrieved from www.lawschoolcasebriefs.net: http://www.lawschoolcasebriefs.net/2013/12/access-now-inc-v-southwest-airlines-co.html
State of California. (n.d.). California Corporations Code. Retrieved from www.leginfo.ca.gov: http://www.leginfo.ca.gov/.html/corp_table_of_contents.html