Chapter 13 Liability Asset and Inadequate Disclosure Frauds Waste Management p. 446 Uniform Limited Partnership Act General partners used the assets of the limited partnership as collateral for personal loans Note that the bank participated in the scam --- April 12, 1996 Liabilities are difficult to audit bullets on p. 447 Collusion by insiders and outsiders Forged documents A complex audit trail Off-book nature of the fraud, meaning that the records on the company’s books are not fraudulent. Excessive reserves can be used to manage future earnings Cookie jar Big bath Sunbeam /. Grumley Nano Tech Failing to record an inventory purchase understated Cost of Goods Sold & Accounts Payable p. 449 Table 13.1 record payables in subsequent period don’t record purchases overstate purchase returns or purchase discounts record payments on payables in earlier period than they were actually made don’t accrue liabilities don’t record warranty expenses record deposits as revenue don’t record repurchase agreements and commitments don’t record contingent liabilities lowball contingent liability estimates Record unearned revenue as revenue Under estimate future obligations Warranty Money-back gauantee Pension liabilities p. 451 Debt GEC General Electrodynamic Corp. Omit or lowball contingent liabilities Pfizer heart valce 1 p. 452 Analytical Symptoms Lehman Bros. usually reported liabilities are too low purchase returns or discounts are too high premature recognition of unearned revenue Accounting or Documentary Symptoms Large purchases or payments recorded after year-end Interest expense deducted on tax return but not on financial statements Discrepancies between accounting records and bank confirmations Discrepancies between accounting records and vendor confirmations Large journal entries near end of period that increase revenues or reduce liabilities Payments to defense attorneys without acknowledged litigation Proactive Liabilities with large declines year on year Trend analysis Statement of cash flows Horizontal analysis Ratios Table 13.3 on page 455 Vertical analysis Industry comparisons Table 13.3 discuss ratios Table 13.4 discuss items in the table Board of Directors minutes Letters from attorneys Confirm vendors Assets typically overstatement NJR Waste Management failed to record impairment capitalized expenses Computer Science capitalized development costs even after it was apparent that commercial success was unlikely Small earnings management can grow into fraud Earnings management creates a history of using accounting methods to meet targets 2 WorldCom reduced operating expenses by capitalizing expenses as assets. Converted periodic line costs into assets. Merger and Acquisition Malibu Capital Chester Holdings (p. 460) AFCO reverse merger to write up assets, the acquiring firm can write assets of the acquired firm up to market value what is the FMV of a private company’s stock? The Syllabus said to stop at page 460 3 Lincoln S&L land flipping & sales where Lincoln provided the down pay PNC Financial Adelphis Lehman Bros. transferred losses to SPEs Repo 105 -- sale or debt the other investment banks treated all of their repurchase agreements as debt Analytical Symptoms Changes and trends in account balances Compare changes and trends in financial statement relationships Compare account balances to non-financial information compare policies with similar companies Accounting or Documentary symptoms Merger & Acquisition Kimberly Clark excessive reserves Is it OK for the acquiring firm to write up assets of the acquired? Compare asset ratios of individual companies to the merged entity Life expectancy of PPE for depreciation before and after the merger Related Parties Related parties Were appraisals obtained Were transactions near year-end Did transactions involve an exchange of similar assets Are the assets normal for this business Fixed Assets Insufficient depreciation expense or write down 4