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  • 8/12/2019 Assignment 1 Final Paper (Edited)

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    Running head: REVIEW OF ACCOUNTING ETHICS

    Strayer University

    Critique of Accounting Ethics

    Assignment # 1

    A research Paper submitted to the Faculty of the School of Business in Fulfillment of the Partial

    Requirements for ACC 557 Course

    To

    Dr.Mohamed Gurey

    By

    Kan Nguessan

    Summer 2014

    Deadline: July 24, 2014

    Submitted date: July 24, 2014

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    REVIEW OF ACCOUNTING ETHICS 1

    Ethical accounting breaches are becoming the most common problem related to

    most U.S. firm bankruptcies. Lehman brother was known to belong to the category of

    too big to fail investment bank; however the filing for bankruptcy in September 2008

    was a big shock for most investors and shareholders. Some analysts have predicted such

    outcome prior to month of scrutiny investigation of the firm which collaborate with E&Y

    which is among the fourth biggest auditing company with the headquarter located in

    London. After registering for bankruptcy, many specialist of accounting regulation and

    lawmakers addressed the different causes behind such shortcomings prior to preventing

    future problems via reinforcing the industry ethical regulations.

    This paper will also address six major points which are the current business and

    regulatory system, the description of the accounting ethical breach and its impacts on

    Lehman Brother, the determination of the ethical issue, the account impacted or the

    violated guideline, and suggestions of a recommendation Lehman brother could have

    taken to avoid such bankruptcy.

    Lehman Bother ethical breaches and the current regulatory arrangement

    Prior the Enron scandal, regulators did not emphasize on the disclosure of non-

    GAAP earnings. The current regulatory scheme proposed by lawmakers implies the

    application of the Sarbanes-Oxley act of 2002 tighten the rules of financial accounts for

    any operating companies in the U.S. for example, the section 404 of the new regulation

    suggests that societies should act to introduce information regarding the level of accuracy

    in their financial statement. Companies are constrained to be their first auditory organism.

    Other accounting scandals such as Enron and WorldCom brought more attention

    to the public and government in general. According to Auerbach, (2014) The Sarbanes-

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    REVIEW OF ACCOUNTING ETHICS 2

    Oxley Act of 2002 was born of the illicit actions of Enron and WorldCom executives and

    the glaring accounting loopholes they exploited(p.4). In fact, these companies used

    defective and sensitive part of the accounting system to create divergences and

    misappropriation of their company assets.

    The foundation of regulatory entities like the (PCAOB) which study the

    transparency of the audit of public companies, the U.S. more companies are taking major

    amounts to avoid the disturbance of their line of work. The entry of more regulations,

    emphasizes on chief executive spending and bonuses. Also, non-GAAP earnings such as

    grants should also be reviewed and disclosed by the company for more transparency.

    According to Devi, (2012) The PCAOB has been empowered to set and enforce

    auditing, attestation, quality control and ethics standards for public companies. The

    Board also has abilities to inspect and discipline public accounting firms that audit public

    companies.Therefore, it is less conducive for the current accounts and CFO to bypass

    those entities for fraudulent financial reports. The government is reinforcing laws to

    prevent more Enron and Lehman Brothers bankruptcy.

    Breaches and impacts on Lehman Brothers

    Lehman Brothers was one of the biggest investment banks in the U.S. the

    company was publicly owned since it sold securities on Wall Street. Therefore,

    shareholders could buy the company security in exchange of a future dividend that the

    society must compensate to them. Lehman Brother violated the ethical use of repo 105

    since the company used such method to eradicate their trouble assets and liabilities

    resulted from the subprime mortgage crisis in 2008.

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    REVIEW OF ACCOUNTING ETHICS 3

    The company was lending money to households in order to buy their dream

    mortgage without any confirmation of their monthly payroll in order to identify their

    eligibility. According to Jeffers, (2011) Aurora was acquired by Lehman Brothers since

    the agency was specialized in lending without requesting their income. These

    deregulation led to the encroachment of the rule of accountability by Lehman Brothers.

    The firm used their purchased loans under Repo 105 to create entries in their financial

    statement prior to quarterly publication. Therefore, the accounting book appears to have

    less intoxicated assets and financial obligations to ensure investors and insure their stock

    market price thereby by avoiding volatilities on Wall Street.

    The misapplication of their assets via massive loans create a deadly situation

    which led to the crash of Lehman Brothers. Ernst & Young were also accused of hiding

    Lehman Brothers misleading accounting practice known as window dressing. In fact, this

    term is specified as the avoidance of payments of debts since to avoid a negative cash

    balance, the investment bank used such method to hold up their payments prior to the

    revelation of their financial statement. Ernst & Young are also accused of contributing to

    the collapse of Lehman Brothers since those practices were not revealed. This violation

    of the accounting ethics formally result in the collapse of one of the biggest investment

    bank in America. Those accounting frauds were hidden by Ernst & Young to secure their

    audit contract with Lehman Brothers. The S&P also understated the financial state of

    affairs of major firms, thereby increasing their generate rate to to mislead investors.

    Discovery of ethical issue and failure of management

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    REVIEW OF ACCOUNTING ETHICS 4

    The organizational ethical issue was discovered by the excessive use of repo 105

    from 2007 t o 2008. In this instance, JP Morgan and City Bank discovered that those

    assets were toxic. Worthless assets from Lehaman Brothers were used as a collateral to

    acquire their loan from some other financial establishment which was intended to be a

    short- term liability which is considered a one week obligation repayment.

    Lehman Brothers declared up to $59 billion in their financial statement which

    mislead investors. In such event, the companys management must access the situation

    and describe it to avoid violating ethical practices.; however, management were silent on

    behalf of this event. The acceptance of such behavior suggested that directors were aware

    of the prevailing state of affairs, but neglect to call for serious actions towards the CFO.

    Management also benefited from those accounting practices, this is the primary

    reason why proposition G was introduced to talk non-GAAP transactions. According to

    Han, (2012) non-GAAP earnings disclosures are less pronounced for sample firms with

    losses or negative GAAP earnings changes (i.e., possible opportunistic motives) (p. 98).

    In such case management failed to create an ethical environment, thereby hiding the

    dubious transaction between Lehman and other investment banks, which received those

    toxic securities to be repurchased by Lehman Brother in a week prior to consolidate their

    financial statement numbers. In addition, Lehman Brothers management engaged in

    transactions that did not make long-term economic sense, costing the firm amounts

    (Jones, 2013, p. 60); the usage of repo 105 and 108 are considered to be beneficial in the

    short-term.

    Account impacted and violated guidelines

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    REVIEW OF ACCOUNTING ETHICS 5

    Lehman Brothers attributed these frauds to their assets, one claim of these

    numbers was the mortgage and asset-backed securities. In their transactions, the firms

    deliberately sold their toxic assets in exchange for cash, the drawbacks of such purchase

    remains the fact that Lehman brothers had to pay double interest rate to other investment

    banks which provide their rep 105 transaction. Since Lehman Brothers was an investment

    bank and lenders, it is logic to examine their assets account which was overstated prior to

    their quarterly financial accounts.

    The Company violated the principle of the off balance sheet transaction via the

    use of repo 105 and 108 which can be hidden since the final reports do not disclose such

    transactions. In fact, many companies use report 105 to acquire temporary cash for

    special purpose like landing. In this example the company violates the guidelines to cover

    this transaction as loans. Therefore, the financial statement overstates their total asset,

    thereby overstating their sales. These securities aimed to produce an air of trust among

    investors and stakeholders.

    How Could the Ethical Breaches be Avoided ? What are the Future

    Recommendations

    It is important to denote that this example of a Ponzi scheme is really complex to

    investigate; however, if the government were putting in regulations to change the

    complex banking industry, this state of affairs could have been averted. Alas, the

    deregulation was tackled by the administration after numbers case such as AIG, Enron,

    Worldcom frauds were detected. As a CFO, the most important step to be taken is to

    make certain that the company audit are well performed by one more company. This

    pattern will take the cost of auditing high which will head to more spendings; however,

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    REVIEW OF ACCOUNTING ETHICS 6

    different societies could cause different answers and plant out the severance.

    Ernst&Young failed to comply with the general rule. Another room to tackle the future is

    by applying the non-GAAP transaction.

    In conclusion, These collections of non recorded transactions such as the use of

    repo and other personal use should be disclosed as additional documentation to the

    public. Theses transactions will be taken from the financial statement, but the CFO will

    want such information to reexamine the final direction in order to find out whether or not

    it is necessary to bid for a second audit to find brushes.

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    REVIEW OF ACCOUNTING ETHICS 7

    References

    Auerbach, M. P. (2014). Sarbanes-Oxley Act of 2002. Sarbanes-Oxley Act Of 2002 .Research

    Starters Business, 1-6.

    Devi, S. K. (2012). Regulation of firms: evidence from Fiji. . Global Journal Of Business

    Research,6 (1), 91-101. .

    HAN, Y. (2012). Has Regulation G Improved the Information Quality of Non-GAAP Earnings

    Disclosures?. Seoul Journal Of Business, , 18(2), 95-145. .

    Jeffers, A. E. (2011). How Lehman Brothers Used Repo 105 to Manipulate Their Financial

    Statements.Journal Of Leadership, Accountability & Ethics, 8(5), 44-55. .

    Jones, B. &. (2013). Law and accounting : did Lehman Brothers use of rep 2015 transaction

    violate accounting and legal rules ? .Journal Of Legal, Ethical & Regulatory Issues ,

    16(2), 55-91. .