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4 Corporate
      Failures

CEOs and CFOs commit accounting fraud       Consideration of the specific character   identified as indicators of fraud
to conceal poor financial performance,      traits that have been observed in         provide insight into the various broken
preserve their personal status and control  corporate failures could provide insight  windows, ie:
and to maintain their personal income       into why more legislation and regulation
through performance-based bonuses.          has not reduced the occurrence of         •	 Non-independence of auditors
                                            management fraud.
Leaders in corporate                                                                  •	 Compromised quality of audit work
failures                                    The nature of fraud                           due to reduced fees
                                            causes
Not only have auditors been in the firing                                             •	 Deliberate actions and
line following corporate failures. CEOs     It is well known that Rudolph Giuliani        misrepresentations by management
and boards have also been called to task    (“Giuliani”), the former mayor of New         to delay or divert auditors’ attention
on the execution of their duties and why    York City, implemented the broken             from problematic areas
fraud occurred under their management       windows theory to reduce crime.
and oversight.                              Giuliani indicated that “… you had to     •	 Misconception of the role of an
                                            pay attention to small things, otherwise      auditor and to what extent they are
Leaders in corporate failures have been     they would get out of control and             able to identify fraud through their
sentenced to jail, paid substantial fines   become much worse”.                           audit procedures
and walked away with reputations a
little less intact. Various authors have    Considering the wide variety of causes    •	 Poor or lack of corporate governance
highlighted the character traits of         observed in the corporate failure case        despite legislation and regulation,
leaders of failed corporates.               studies, the challenge of detecting           including non-independent and
                                            and deterring fraud is therefore not          inadequately qualified board or
       However, one transparent             easy to solve due to the numerous             committee members, lack of debate
     fact cannot be ignored and is          role players, possible scenarios and          of business issues at board level and
  observed across all case studies,         the unpredictable nature of individuals.      a deliberate disregard of legislation
    namely a blatant belief in their        The obvious question is then how              by management
   own power and ability to create          to apply the broken windows theory
 magic and their deliberate actions         to corporates in an effort to detect      •	 Unrealistic expectations of
                                            and deter fraud. The various themes           stakeholders for performance and
         to execute such belief.                                                          growth or the fear of management
                                                                                          to look like a failure and thereby
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