Chapter 12: Fraudulent Financial Statement Schemes { Lecture 9 World Com Accounting Department Here it is - $2 + $2 = $13,000,000 Financial Statement Schemes Fictitious revenues Timing differences Concealed liabilities and expenses Improper disclosures Improper asset valuations Lecture 9 1 Financial Statement Schemes by Category 28.3% Timing Differences 37.5% Improper Disclosures 40.0% Asset Valuation Fictitious Revenues 43.3% 45.0% Concealed Liabilities 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% 40.0% 45.0% Fictitious Revenues Four criteria for revenue recognition: Definition Measurability Relevance Reliability Defining Revenue Actual or expected cash inflows That have occurred or will occur As a result of the enterprise’s ongoing major or central operations During the period Lecture 9 2 Fictitious Revenues Recording of goods or services that did not occur Fake or phantom customers Legitimate customers Sales with conditions Pressures to boost revenues Red Flags – Fictitious Revenues Rapid growth or unusual profitability, especially compared to that of other companies in the same industry Recurring negative cash flows from operations or an inability to generate cash flows from operations while reporting earnings and earnings growth Significant transactions with related parties or special purpose entities not in the ordinary course of business or where those entities are not audited or are audited by another firm Red Flags – Fictitious Revenues Significant, unusual, or highly complex transactions, especially those close to period end that pose difficult “substance over form” questions Unusual growth in the number of days’ sales in receivables A significant volume of sales to entities whose substance and ownership is not known An unusual surge in sales by a minority of units within a company, or of sales recorded by corporate headquarters Lecture 9 3 Fictitious Revenues Case Study – 1985, 1986 & 1987 Houston-based Publicly Traded Company Sold “close out” electronics merchandise Would purchase large lots of merchandise from manufacturers when they were closing out a line of product Purchased at substantial discounts from normal distribution chain prices Fictitious Revenues Fiscal Year End – January 31 Large Year-end Sales to Retailers Sold large numbers of computer monitors to retailers in January 1987 (in last 3 days) Lack’s Stores Silo Joske’s (now Dillard’s) Total $1,452,000 3,350,750 3,562,500 $8,365,250 Total Company Sales for ’87 - $87,831,141 Over 9.5% of annual sales Fictitious Revenues Average price on these computer monitors was just under $200 Lack’s Stores – 7,260 monitors Silo – 16,754 monitors Joske’s – 17,815 monitors Total = 41,829 monitors sold Monitor Boxes = Approx. 12.5 cubic feet If stacked 5 boxes high Lecture 9 Would require almost 76,000 square feet of warehouse space (about 2 acres) 4 Fictitious Revenues Normal company sales terms were Net 30 days – and this was on the invoices Terms on these sales were Net 90 days and Net 120 days – according to the CEO Addresses on the invoices were to the home addresses of certain company officers All of these sales were reversed in December 1987 and January 1988 Fictitious Revenues There can also be instances where revenues are recorded, where no real sale has taken place Window dressing Revenues are recorded when inventory is sold back to the company from which it was purchased Timing Differences Recording revenue and/or expenses in improper periods Shifts revenues or expenses between one period and the next, increasing or decreasing earnings as desired Lecture 9 5 Timing Differences Matching revenues with expenses Premature revenue recognition Long-term contracts Channel stuffing Recording expenses in the wrong period Red Flags – Timing Differences Rapid growth or unusual profitability, especially compared to that of other companies in the same industry Recurring negative cash flows from operations or an inability to generate cash flows from operations while reporting earnings and earnings growth Significant, unusual, or highly complex transactions, especially those close to period end that pose difficult “substance over form” questions Unusual increase in gross margin or margin in excess of industry peers Unusual growth in the number of days’ sales in receivables Unusual decline in the number of days’ purchases in accounts payable Timing Differences Revenue should be recognized in the accounting records when the sale is complete. Lecture 9 Sales with conditions In service business, revenue is recognized when the service has been rendered 6 Timing Differences Improper matching of revenues Early revenue recognition Recording expenses in the wrong period Timing Difference Example Company – Perpetrators – A Houston-based rice milling and foods company A subsidiary of a Fortune 100 Company Senior Management – CEO, COO, CFO Managed earnings to ensure maximum bonuses each year Timing Difference Example Physical Inventory was done each year on November 30 Just prior to inventory, management would get the inventory to be whatever they wanted it to be by: Lecture 9 Removing excess inventory off rice mill premises in rail cars (when management had already maxed out their bonuses); or Borrowing rice from farmers for the inventory (if needed to ensure maximum bonus) 7 Timing Difference Example Company’s former lead internal auditor (now a controller at another client) told me about this just before physical inventory Auditors rented a pick-up truck that also had rail wheels so that we could go down the tracks Found numerous rail cars about 1 mile down on a side rail Timing Difference Example We asked the farmer who the rice in the rail cars belonged to He told us that the rice belonged to the company and that management had told him that they needed to store some rice on his side rail due to some problems at the mill and having too much rice He agreed to help Timing Difference Example The amount of the rice found was added to the inventory Audit committee of the parent company was notified Parent Company Management Lecture 9 Came to Houston Terminated all of senior management at the rice company (CEO, CFO, COO) 8 Concealed Liabilities Understating liabilities causes equity account to increase in order to balance Understating expenses causes net income to be artificially overstated thus increasing the equity account Methods of Concealing Liabilities Liability/expense omissions Improper capitalizing/expensing World Com Health South Returns and allowances and warranties Improper Disclosures Financial statements and notes must include all information necessary to prevent a user from being misled. Lecture 9 9 Improper Disclosures Related party transactions Liability omissions Significant events Management fraud Accounting changes Improper Asset Valuation Assets should be recorded at original cost Some Assets are valued at lower cost or market Assets cannot be increased to reflect current value Improper Asset Valuation Inventory Valued at the lower cost or market Should be written off if it has no current value Can be overstated by manipulation of inventory count Lecture 9 10 Improper Asset Valuation Case Study – Miniscribe, Inc. Time period – mid-1980’s Company manufactured hard disk drives for personal computers Fraud was perpetrated to enhance the financial performance of the company To meet the expectations of the company’s CEO Improper Asset Valuation Company manipulated inventory records and inventory counts Had re-labeled obsolete products (10 MB hard disks) to current product line (40 MB hard disks) Had placed “bricks” in some boxes so that there would be weight in the boxes if they were shaken Company had several inventory locations Improper Asset Valuation Physical inventory count was scheduled over a three-day period, with counts being conducted at a different location each day Company moved inventory from one location to another overnight so that a significant amount of inventory was counted more than once Some inventory was actually counted three times! Lecture 9 11 Improper Asset Valuation Accounts receivable Fictitious receivables Failure to write down receivables as bad debts Improper Asset Valuation Fixed Assets Booking fictitious assets Misrepresenting value Improper capitalizing inventory and start-up costs Misclassifying assets Case Study Victim Company Characteristics: Lecture 9 NYSE Company Numerous, relatively autonomous operating divisions around the US Division Presidents had bonuses based on increase in division pre-tax profits Company had Internal Audit Department – primarily focused on adherence to policy 12 Case Study Division profits had increased from $6.2 million to $10.3 million Division President earned maximum bonus of $1.2 million Division President and Division Controller resigned the day the bonus was paid Case Study Company Board of Directors requested that we look at the division records No internal audit work in the past two years Given 30 days to see what we could find Time was May 1982 Case Study What did we do? Started with Financial Analysis Lecture 9 Average home sales price was up 10% from prior year Average cost of sales per home was up 9.9% from the prior year Average inventory per full equivalent home unit was up 36% from the prior year Similar increase in inventory in the prior year This simply did not make sense 13 Case Study Review of Journal Entries Journal Entry log book – JE’s started with number 101, 102, 103, … each month Also reviewed general ledger for the posting of journal entries In some months, we would find a journal entry 007 in the G/L, but could never find the corresponding documentation Case Study Monthly General Ledger – was a computer print-out that was about 1014” thick each month From the financial analysis, we suspected we were looking for the transfer of subdivision costs from one subdivision to another Case Study Lecture 9 When we found 007 entries, they were always debits into subdivision costs Also found that in the month in which a subdivision was “closed-out” (all costs removed) the subdivision was purged from the computer system and no G/L for the subdivision was printed 14 Case Study Specific Analysis – Selected a month with 007 journal entries Added on a calculator, with a tape, each of the 007 entries Highlighted each 007 entry in the general ledger upon adding it to the calculator Total of 007 entry was the EXACT total of the costs left in a subdivision the prior month A subdivision that had been deleted Case Study Expanded analysis to every month with 007 journal entries for past 2-1/2 years Had computer programmer develop a program to detail all of the debits and credits in each 007 entry for the past 2-1/2 years Case Study Results: Unexpensed inventory costs of closedout subdivisions were improperly transferred to new subdivisions Division was not properly expensing subdivision costs to cost-of-sales $10.3 million profit became a $4.4 million loss Lecture 9 $14.7 million of unexpensed inventory costs had been carried forward 15 Case Study Company sued former Division President to recover bonus paid Former President settled quickly by giving back 75% of the bonus paid Company Board of Directors was not satisfied that he was able to get money from the Company Company turned the matter over to the U.S. Department of Justice Case Study The division was not hooked into the Company’s online computer system, and sent the monthly and quarterly financial information to the home office by U.S. Mail U.S. Department of Justice filed Mail Fraud charges against: Division President Division Controller Both were convicted and sentenced to 5-year federal prison terms Characteristics of Fraudulent Journal Entries Made to unrelated, unusual or seldom-used accounts Made by individuals who typically do not make journal entries Recorded at the end of the period or as postclosing adjustments that have little or no explanation or description Made either before or during the preparation of the financial statements Containing round numbers Lecture 9 16 Characteristics of Fraudulent Journal Entries World Com Journal Entries Debit to Capitalized Broadband Access Costs Credit to Operating Expenses Amounts were large, round numbers $639,000,000.00 – the first journal entry made Journal entry made at the instruction of the CFO Someone that generally would not be making such an entry World Com Journal Entry Capitalized Network Capacity $639,000,000 Operating Expenses $639,000,000 Per instructions of Scott Sullivan (the CFO) Components of Internal Control 1. 2. 3. 4. 5. Lecture 9 The Control Environment Risk Assessment Control activities Information and communication Monitoring 17 Components of Internal Control 1. The Control Environment The attitude of management or corporate culture that either emphasizes designing and implementing proper controls to assure the achievement of the objectives of internal controls Components of Internal Control 2. Risk Assessment Identification and analysis of risks related to control objectives The costs of controls should not exceed the expected benefits Components of Internal Control 3. Control Activities (formerly called Control Procedures) Accounting and other departmental policies and procedures Fraud-related control activities include: Lecture 9 Thorough background checks for all new hires Segregation of duties and functions Authorizations, reviews and approvals of certain transactions such as sales, purchases or payments 18 Components of Internal Control 4. Information and Communication (formerly called the accounting system) Expanded by SAS 78 to include identification, capture and exchange of information (numbers, data, reports, etc.) necessary to enable employees to carry out their responsibilities Components of Internal Control 5. Monitoring The process of assessing the quality of internal control performance, including Fraud prevention Fraud deterrence Fraud detection Similar to internal audit type functions, whether formal or informal Fraudulent Financial Reporting Lecture 9 Manipulation, falsification or alteration of accounting records or supporting documents Misrepresentation or intentional omissions of information from financial statements Intentional misapplication of accounting principle 19 Misappropriation of Assets Misappropriation of assets can cause the financial statements not to be presented in accordance to GAAP False or misleading documents May involve management, employees or third parties Assessment of Fraud Risk Fraud in financial statements: Management characteristics and influence over control environment Industry conditions Operating characteristics and financial stability Fraud Risk Factors Lecture 9 Size, complexity, and ownership characteristics of the entity Enforcement of formal code of conduct Country-specific or business segment operating level 20 Financial Statement Analysis Vertical analysis Horizontal analysis Ratio analysis Net worth analysis Data mining techniques Industry Comparisons Historical Comparisons Vertical Analysis Compares general ledger or financial statement balances to other balances within the same year Used in both balance sheet & income stmt Highlights changes in account balances within the year as compared to other years Measuring cost of goods sold as a percentage of sales is a type of income statement vertical analysis Comparing current assets to total assets is a balance sheet vertical analysis Horizontal Analysis Compares changes in account balances from year to year One year would be used as the base line to calculate the percentage change in account Examining the percentage change in accounts payable from year 3 as compared to year 2 and year one- would be a B/S example Examining changes in sales from year 3 to earlier years would be an example of an income statement horizontal analysis Lecture 9 21 Vertical & Horizontal Analysis Balance Sheet Vertical & Horizontal Analysis Income Statement Ratio Analysis Analyzes relationships between financial statement components Cash or current assets: Receivables/inventory: Current ratio Quick ratio Turnover ratios Financial Statements: Debt to equity Profit margin Asset turnover Lecture 9 22 Ratio Analysis Ratio Analysis Deterrence of Financial Statement Fraud Reduce pressures to commit financial statement fraud Reduce the opportunity to commit financial statement fraud Reduce rationalization of financial statement fraud Lecture 9 23 Reduce Pressures to Commit Financial Statement Fraud Establish effective board oversight of the “tone at the top” created by management. Avoid setting unachievable financial goals. Avoid applying excessive pressure on employees to achieve goals. Change goals if changed market conditions require it Ensure compensation systems are fair and do not create too much incentive to commit fraud. Discourage excessive external expectations of future corporate performance. Remove operational obstacles blocking effective performance. Reduce the Opportunity to Commit Financial Statement Fraud Maintain accurate and complete internal accounting records. Carefully monitor the business transactions and interpersonal relationships of suppliers, buyers, purchasing agents, sales representatives, and others who interface in the transactions between financial units. Establish a physical security system to secure company assets, including finished goods, cash, capital equipment, tools, and other valuable items. Maintain accurate personnel records including background checks on new employees. Encourage strong supervisory and leadership relationships within groups to ensure enforcement of accounting procedures. Establish clear and uniform accounting procedures with no exception clauses. Reduce Rationalization of Financial Statement Fraud Promote strong values, based on integrity, throughout the organization. Have policies that clearly define prohibited behavior with respect to accounting and financial statement fraud. Provide regular training to all employees communicating prohibited behavior. Lecture 9 24 Reduce Rationalization of Financial Statement Fraud Have confidential advice and reporting mechanisms to communicate inappropriate behavior. Have senior executives communicate to employees that integrity takes priority and that goals must never be achieved through fraud. Ensure management practices what it preaches and sets an example by promoting honesty in the accounting area. The consequences of violating the rules and the punishment of violators should be clearly communicated. Detecting Financial Statement Fraud Dr. Messod D. Beneish developed a model for determining whether there had been earnings manipulation in financial statements in 1999 Called this the M-Score model M is for manipulation The M-Score model is based on eight values determined from the financial statements of the company Beneish M-Score Model The variables are: DSRI – Days’ Sales in Receivables Index GMI – Gross Margin Index Lecture 9 = Days’ Sales in Receivables – current year ÷ Days’ Sales in Receivables – prior year Measures an indicator of revenue inflation Measured as the ratio of the Gross Margin – current year ÷ Gross Margin – prior year A company with declining profitability is more likely to manipulate earnings 25 Beneish M-Score Model AQI – Asset Quality Index Measured as the ratio of non-current assets other than property, plant & equipment to total assets – current year ÷ the same ratio for the prior year SGI – Sales Growth Index – Current year sales ÷ Prior year sales While sales growth is not itself a measure of manipulation, growth companies are likely to find themselves under pressure to manipulate in order to keep up appearances Beneish M-Score Model DEPI – Depreciation Index Ratio of Depreciation – current year ÷ Depreciation – prior year A slower rate of depreciation (a DEPI > 1) may mean that a firm is revising useful lives SGAI – Sales, General and Administrative Expenses Index SGA Expenses – current year ÷ SGA Expenses – prior year Suggests that analysts would interpret a disproportionate increase in sales as a negative signal about the firm’s future prospects Beneish M-Score Model LVGI – Leverage Index TATA – Total Accruals to Total Assets Lecture 9 Measured as Total Debt – current year ÷ Total Debt – prior year Debt includes all borrowings, all accounts payable and all accrued liabilities Intended to capture debt covenant incentives for earnings manipulation Total accruals are calculated as the change in working capital other than cash less depreciation – Total current year ÷ Total prior year 26 Beneish M-Score Model M = -4.84 + (0.92*DSRI ) + (0.528*GMI) + (0.404*AQI) + (0.892*SGI) + (0.115*DEPI) (0.172*SGAI) + (4.679*TATA) – (0.327*LVGI) An M-Score > -2.22 indicates a strong likelihood of the company being a manipulator A score of -2.85 would indicate the company is not likely a manipulator A score of 1.27 would indicate the company is likely a manipulator Beneish M-Score Model Two available Excel models that can be downloaded from the Internet: http://investexcel.net/2793/beneish-m-score www.docstoc.com/docs/113140504/beneish-mscore-(exceldownload) Basic Methods of White-Collar Criminals White collar criminals consider your humanity, ethics, morality, and good intentions as weaknesses to be exploited in the execution of their crimes. White collar criminals measure their effectiveness by the comfort level of their victims. White collar criminals build a wall of false integrity around themselves to gain the trust of their victims. Lecture 9 27 Economics of Fraud Understating Profits vs. Overstating Profits You get a "bigger bang for the buck" by inflating earnings and overpaying taxes as a public company than you get by understating income and underpaying taxes as a private company. XXX How most white-collar crime is uncovered: 1. 2. 3. Lecture 9 Ex-lovers: Divorced spouses, former girlfriends and boyfriends. Ex-business associates: Former customers, suppliers, and partners Ex-employees: Fired employees, laid off employees, and employee who quit working for the entity. 28