Lillie Ramage Managerial Accounting October 13, 2003 The Enron Corporation/Arthur-Anderson Accounting Crisis On November 8, 2001, Enron Corporation disclosed that it had overstated earnings by $600 million dating back to 1997, and in December of that same year the corporation collapsed and produced the second largest corporate bankruptcy to date in U.S. history.1 Suffering a domino effect from Enron’s disclosure of corporate wrong-doing was the accounting firm of Arthur-Andersen, Enron’s auditor. In March of 2002, the Department of Justice indicted Andersen, citing obstruction of justice and stating that Andersen had tried to undermine the justice system when it shredded documents related to the Enron case, even while they were aware that Enron was the target of an investigation by the Securities Exchange Commission2. In June of 2002 Andersen was found guilty of these charges.3 In looking at the history of these two companies, there is nothing to suggest that they would suffer the downfalls that they did. Enron had begun as a small energy company in 1985, and by 1999 it was the seventh largest public company on the NYSE, and Anderson was one of the world’s five leading accounting firms with clients all over the globe.4 How did these two previously highly respected and successful corporations find themselves as “casebook studies for corporate wrongdoing”?5 This paper will address that question by examining what might have led to the decline at Enron and Andersen. After looking at some of the causes of Enron’s and Andersen’s problems, some implications for corporate America and the accounting profession will be given. First, in trying to determine what led to the decline of these firms, an analysis of the ethical dilemmas faced by Enron and Andersen is necessary. 1 Lillie Ramage Managerial Accounting October 13, 2003 Upon first examination Enron would appear to be a company that would make ethical choices when faced with a dilemma. They had an official code of ethics in place,6 and they were regarded as highly successful. But the firm’s “success turned out to be based on artificially inflated profits, dubious accounting practices, and – some say – fraud”.7 Due to the aforementioned “dubious accounting practices”8, Enron had convinced stakeholders that debt and risk had been removed from its financial statements, and they had created phony income.9 As for Andersen, they were faced with an ethical dilemma from their partnership with Enron. Not only were they the company’s auditor, they also received millions of dollars from Enron for providing them yearly consulting services.10 In addition their dilemma came from the fact that “there were early fears among partners at Andersen regarding the Enron accounts; because Andersen had taken at face value the findings of Enron’s lawyers over a complicated off- balance-sheet set-up, later considered a primary factor behind Enron’s collapse”.11 On first examination, it would appear that the downfall of these two companies came both as a result of Enron’s accounting practices and Andersen’s less than close scrutiny of these accounting methods. However, upon closer examination the downfall of these two firms can be traced to something deeper than simply improper accounting practices. The root of the problems at both these firms was a result of their “unwritten” corporate cultures. As suggested by Robbins in Organizational Behavior a company’s “unwritten” culture can override any written code of ethics they may have.12 According to Robbins, these two companies’ downfalls came as a result of unwritten cultures that pushed executives into unethical behavior. 13 2 Lillie Ramage Managerial Accounting October 13, 2003 Robbins theorizes that when there is a culture with an “unrelenting emphasis on earnings growth…it encourages unethical corner cutting”14. Robbins then provides some specific examples of how companies develop cultures that encourage this unethical corner-cutting, and many of these behaviors can be seen among the decision makers at Enron and Andersen. According to Robbins, the foremost problems with cultures like those at Enron and Andersen is that they pressure executives to make their numbers and then they instill lax controls over how those numbers are created.15 That this culture existed at Enron is evidenced by their creation of phony assets in off-balance sheet accounts to increase profits and inflate earnings.16 Robbins’ theory of how this culture pressures executives to engage in unethical acts is supported by Bill George, former executive at Litton Industries. George says, “At Litton, I learned that young managers are promoted not for espousing high-minded values but for making their numbers…The higher you go in the company the more the pressure to make the numbers increases”.17 Andersen also appeared to have been pressured into cutting ethical corners to make the numbers. Otherwise, they would have walked away from the Enron account as soon as they realized the leadership would not listen to their warnings. According to Andersen executives, their firm had warned Enron about possible illegal acts after Enron withheld crucial data about its finances from Andersen,18 yet Andersen continued to certify Enron’s accounting figures. This leads to another factor that Robbins believes comes as a result of the unrelenting emphasis on earnings growth, which is the creation of a “yes-man” culture. In this 3 Lillie Ramage Managerial Accounting October 13, 2003 atmosphere people are afraid to speak out on questionable practices for fear it will affect their compensation.19 There was obviously a “yes-man” mindset among Enron’s internal accountants, as they were allowing their company to establish special partnerships which allowed them to shift their liabilities off the books, recognizing profits and removing large amounts of debt.20 There had to have been a point when the internal accountants knew what they were doing wasn’t right and did not meet Generally Accepted Accounting Principles, but instead of speaking up to put a stop to it, they continued to benefit directly from the corrupt practices. This “yes-man” mindset can be seen from the Andersen auditors as well. As was previously mentioned, Andersen did question some of Enron’s numbers at first, but the Enron executives “pressured Andersen to certify maximum-risk, questionable accounting practices, in part to retain their lucrative consulting business.”21 What this points out is that Andersen basically had two choices, certify Enron’s questionable numbers, or lose millions in consulting fees, and they obviously kept quiet and chose the former. This leads to what Robbins gives as another attribute of a culture that encourages unethical behavior; one in which bonuses and money become the “Almighty God”.22 At Enron and Andersen this culture was emphasized by both companies seeking out and rewarding people who placed a high value on money. “Jeff Skilling, who created Enron’s in-your-face-culture, is quoted as saying ‘All that matters is money’”.23 Also, the fact that the executives valued money over doing what is right is demonstrated by the way in which they let greed rule their decision making. Executives at both firms made decisions 4 Lillie Ramage Managerial Accounting October 13, 2003 based on what was best for their own personal gain instead of what was best for the company as a whole. At Andersen, the emphasis of making money over doing what is right is demonstrated by their involvement in shredding documents related to the Enron case even after they were aware that Enron was the target of an SEC investigation.24 At this point, they recognized that if Enron failed, then they stood to lose a lot of money. It is apparent from the preceding evidence that the executives’ actions at both Enron and Andersen did not encourage ethical behavior. In any company “employees will look to top-management’s behavior as the benchmark for defining appropriate behavior”. 25 The emphasis to make the numbers without firm controls over how those numbers are created, the “yes-man” mind-set, and the over-emphasis of money as a means to an end all became an embedded part of the cultures of these two companies. That culture led not only Enron and Andersen to suffer the consequences of their actions, but it also leads to implications for corporate America and the accounting profession. One of the most immediate consequences of the actions of Enron and Andersen has been the loss of jobs. Anderson currently “has just 250 of their 28,000 U.S. employees left on the payroll”.26 The lost jobs are a direct result of the loss in business that came from Andersen’s questionable reporting of the Enron account and as a direct result of their indictment on the obstruction of justice charges.27 At Enron, there has been a loss of jobs that has come as a direct result of their bankruptcy filing. Another directly observable and immediate consequence of the Enron/Andersen scandal has been the effect on the stock market. Just a few months before Enron’s collapse, its stock was one of the most prized on the stock market, with analysts giving it 5 Lillie Ramage Managerial Accounting October 13, 2003 high ratings.28 Since Wall Street bases the evaluation of a stock’s worth on public accounting information, the scandals at Enron and Andersen have undermined investor confidence in stocks offered by corporate America, have led to questions regarding how well a company’s accounting records are actually scrutinized, and have had an effect on share prices on the stock market.29 The implications of this for corporate America and the accounting profession is that it has created a nationwide sense of mistrust, leaving “investors wondering whether they can trust corporations, auditors, or stock analysts”.30 This aforementioned lack of trust has resulted in numerous lawsuits and investigations against Enron and Andersen. Currently, more than ten Congressional committees are pursuing inquiries into Enron and Andersen, over thirty Enron-related bills have been introduced to address the scandal-related problems, and the full extent of collateral damage to a wide range of Enron stakeholders is yet to be determined.31 For the accounting profession and corporate America, governmental agencies have suggested reforms and proposals that will significantly change accounting standardssetting, auditing practice, and the legal and regulatory environment of financial reporting, with the most famous of these reforms being the Sarbanes-Oxley Act.32 The implications of the Sarbanes-Oxley Act for the accounting profession are that it “sets up a Public Company Accounting Oversight Board that will supervise, audit, and adopt auditing standards for accounting firms”.33 This will point out potential conflicts of interest between consultancy and auditing work as well as affecting “hundreds of US firms which used so-called aggressive accounting methods to keep debts or one-off charges away from the headline figures”.34 6 Lillie Ramage Managerial Accounting October 13, 2003 For corporate America, Sarbanes-Oxley requires executives of publicly traded companies to verify the accuracy of their financial statements or risk going to prison for willingly and knowingly filing inaccurate statements.35 This will have an impact on corporate America by holding executives of corporations responsible for wrong-doing. Another legislative implication of the Enron scandal for corporate America may come as a result of Enron CEO Ken Lay’s friendship with President George Bush. Enron reportedly contributed thousands of dollars not only to Bush’s campaign, but also to former President Bill Clinton’s campaign in the 2002 Presidential election.36 For corporate America, this will likely result in legislation that provides for closer scrutiny of the role of corporate funds in political campaigning and the extent of corporate influences on the national policies.37 As can be seen from the preceding, the downfall of Enron and Andersen had both immediate effects on corporate America and the accounting profession, and will continue to affect them based on pending legislative and political acts. A final implication of the Enron/Andersen scandal for corporate America and the accounting profession is the lessons they should learn Perhaps the greatest lesson they might learn is the following. When executives of a corporation create a culture that emphasizes making the numbers above all else, create a “yes-man” environment, and create a culture where money becomes the “Almighty God”, they are not only setting themselves and their own firms up for a downfall. They are in for a downfall that will send ripples throughout corporate America, the accounting profession, and the whole of society for years to come. 7 Lillie Ramage Managerial Accounting October 13, 2003 Endnotes J. A. Petrick and R. F. Scherer, “The Enron Scandal and the Neglect of Management Integrity Capacity,” Mid-American Journal of Business, Volume 18, no. 1, (Spring 2003), [online]. Available from <http://www.nexis.com>; accessed 8 September 2003. 2 “Enron Affair: What Are the Implications?” BBC News, (19 March 2002), [online]. Available from <http://news.bbc.co.uk>; accessed 2 October 2003. 3 Ibid. 4 “Enron’s Who’s Who”, BBC News, [online]. Available from <http://news.bbc.co.uk>; accessed 27 September 2003. 5 Nightly Business Report, Community Television Foundation of South Florida, Inc., Transcript #012000cb.118, (20 January 2003), [online]. Available from <http://www.nexis.com>; accessed 30 September 2003. 6 Ibid. 7 “Enron’s Who’s Who”, BBC News, [online]. Available from <http://news.bbc.co.uk>; accessed 27 September2003. 8 Ibid. 9 A. Reinstein and T. R. Weirich, CPA Journal, Volume 72, no. 12, (1 December), [online]. Available from <http://www.nexis.com>, accessed 8 September 2003. 10 J.A. Petrick and R. F. Scherer, “The Enron Scandal and the Neglect of Management Integrity Capacity, Mid-American Journal of Business, Volume 18, no. 1, (Spring 2003), [online]. Available from <http://www.nexis.com>, accessed 8 September 2003. 11 “Auditor Saw Enron Papers Shredded”, BBC News, (14 May 2002), [online]. Available from < http://news.bbc.co.uk>, accessed 28 September 2003. 12 S.P. Robbins, Organizational Behavior (New Jersey: Prentice Hall, 2003), 539. 13 Ibid. 14 Ibid. 15 Ibid. 16 A. Reinstein and T. R. Weirich, CPA Journal, Volume 72, no. 12, (1 December 2002), [online]. Available from <http://www.nexis.com>, accessed September 8, 2003. 17 B. George, “Why it’s Hard to Do What’s Right, Fortune, (September 29, 2003),[online]. Available from <http:// www.nexis.com>, accessed 23 September 2003. 18 “Andersen’s fall from Grace”, BBC News, (17 June 2002),[online]. Available from <http://news.bbc.co.uk>, accessed 27 September 2003. 19 S.P. Robbins, Organizational Behavior (New Jersey: Prentice Hall, 2003), 539. 20 A. Reinstein and T. R. Weirich, CPA Journal, Volume 72, no. 12, (1 December 2002), [online]. Available from <http://www.nexis.com>, accessed 8 September 2003. 21 J.A. Petrick and R. F. Scherer, “The Enron Scandal and the Neglect of Management Integrity Capacity”, Mid-American Journal of Business, Volume 18, no. 1, (Spring 2003), [online]. Available from <http://www.nexis.com>, accessed 8 September 2003. 22 S.P. Robbins, Organizational Behavior (New Jersey: Prentice Hall, 2003), 539. 23 Ibid. 24 “Auditor Saw Enron Papers Shredded”, BBC News, (14 May 2002), [online]. Available from < http://news.bbc.co.uk>; accessed 28 September 2003. 25 S.P. Robbins, Organizational Behavior (New Jersey: Prentice Hall, 2003), 538. 26 Kristen Hays, “Trial Wasn’t Fair, Andersen Says in Appeal”, Kansas City Star, 10 October 2003. 27 “What Now for Andersen?” BBC News, (16 June 2002), [online]. Available from <http://news.bbc.co.uk>; accessed 27 September 2003. 28 “Heat Grows on Rating Agencies”, BBC News, (1 February 2002), [online]. Available from <http://news.bbc.co.uk>; accessed 27 September 2003. 29 Ibid. 30 “Enron Scandal”, MSN Learning & Research, Encarta, [online]. Available from <http://encarta.msn.com>. Accessed 10 October 2003. 31 “Enron: Crime, Punishment, and Reform”, BBC News, (21 August 2002) [online]. Available from < http://news.bbc.co.uk>, accessed 2 October 2003. 1 8 Lillie Ramage Managerial Accounting October 13, 2003 32 A. Reinstein and T. R. Weirich, CPA Journal, Volume 72, no. 12, (1 December 2002), [online]. Available from <http://www.nexis.com>, accessed 8 September 2003. 33 Ibid. 34 “Enron Scandal at a Glance”, BBC News, (22 August 2002), [online]. Available from <http://news.bbc.co.uk>; accessed 27 September 2003. 35 “Enron Scandal”, MSN Learning & Research, Encarta, [online]. Available from <http://encarta.msn.com>. Accessed 10 October 2003. 36 “Enron Scandal at a Glance”, BBC News, (22 August 2002), [online]. Available from <http://news.bbc.co.uk>; accessed 27 September 2003. 37 Ibid. 9