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PDF Financial Failures and Scandals From Enron To Carillion 1St Edition Krish Bhaskar Ebook Full Chapter
PDF Financial Failures and Scandals From Enron To Carillion 1St Edition Krish Bhaskar Ebook Full Chapter
PDF Financial Failures and Scandals From Enron To Carillion 1St Edition Krish Bhaskar Ebook Full Chapter
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Enron and Carillion are household names, not because of what they were, but because of the way
they failed. The extent to which the auditors can be blamed for these and many other corporate
failures is an important public policy issue. This interesting and well-researched book highlights
the role of accounting and auditors in some of the highest profile failures of recent years. It is a
useful contribution to the current debate on what needs to change in accounting and auditing
practice.
—Geoff Wilkinson held a range of senior economic and financial
positions with the British Steel Corporation before moving into
investment banking. He was finance director and subsequently
managing director of Laird plc, an FTSE 250 company, and
chair of the Audit Committee for the Eden Project.
This book is a first in that it examines a number of recent financial scandals and corporate
failures in the UK and further afield. Placing earlier pivotal cases in perspective, it then con-
centrates on current cases, culminating in a forensic financial dissection of the Carillion collapse,
using a variety of analytical techniques including financial modelling. By critically analyzing the
Carillion collapse, and other recent cases, it sets out a detailed analysis of what went wrong, and
who was to blame. An accompanying online resource also updates recent cases such as Patisserie
Valerie.
—Vaiz Karamatullah, former CFO of Arab conglomerates
in various Middle Eastern countries; presently trustee of
the Graham Layton Trust, a UK charity supporting free
eye care overseas.
Financial Failures and Scandals
This concise volume evaluates the cause and significance of recent corporate
failures and financial scandals, and how they reflect on the fitness for purpose
of the external auditors, financial reports, financial watchdogs, boards,
directors and senior management. Failures like the disastrous collapse of
Carillion, examined at length, have ultimately led to a crisis of confidence
not only in the audit process but in the entire process of financial reporting.
Revealing the shortcomings in audit quality, independence, choice and
the growing expectation gap, Financial Failures and Scandals questions if the
profession, its regulators or government watchdogs are adequately prepared
for the challenges of increasing regulation, public outcry and political
scrutiny in the face of inevitable future financial failures. The fundamental
structures of financial reporting, annual reports, boards of directors and senior
management are often found to have failed. Tighter regulation and new
requirements for reporting will inevitably result.
Drawing on extensive research and interviews with insiders, users and experts,
this unique book provides a compelling account of the profoundly disruptive
impact of financial failures on corporate and financial accountability.Topical and
readable, this book will be of great interest to students, researchers and professionals
in accounting and auditing, as well as to policy makers and regulators.
Rod Sellers, OBE, FCA, has spent almost 50 years in senior financial and
corporate roles in industry.
Disruptions in Financial Reporting and Auditing
Edited by Krish Bhaskar
Following the global financial crisis and the growing number of major
corporate collapses and financial scandals, confidence in the corporate
sector, and more importantly, the professionals who audit them, is at an
all-time low. Based on the authors’ extensive experience and unique
research (including interviews with hundreds of professionals, regulators
and whistleblowers) this topical series provides a uniquely accessible
insight into the criticisms and challenges currently facing the financial
reporting and auditing industry, and examines possible solutions.
At a time of unprecedented scrutiny and technological change, the four
complementary volumes (Disruption in the Audit Market, Financial Failures
and Scandals, Disruption in Financial Reporting and Disruption in Auditing)
critically examine the key debates, drawing on expert opinions from
top industry professionals. Together the four volumes combine into an
unparalleled contemporary overview and evaluate the future challenges
facing this vital part of our economy and society.
Glossary120
1 About this book
(Continued)
Table 1.1 (Continued)
Table 1.2 Current FRC cases under accountancy and audit schemes (as of July 2018)
There are also many other contributors to this book: managers, board
members and practitioners with the Big Four who prefer to remain anon-
ymous but who have provided significant input. In the main they sup-
port the profession, but some see issues and problems within it. Some are
ardent critics of the growing UK approach to audits via checklists rather
than intuition and a profound in-depth knowledge about the entity being
audited. Their input amounts to hundreds of hours of partner time, hun-
dreds of pages of input and thousands of emails.
We also draw on the views of a variety of groups, companies and insti-
tutions. These views range from support for the current status quo to
being critical of it or in some cases highly critical of the status quo and
ardently wishing for change. Boards and management of the FTSE and
10 About this book
larger AIM companies feel that they are under much pressure from an
ever-changing set of rules and regulations.This demonstrates our key aim:
to ensure that this book is relevant, fair and transparent.You know whose
view it is you are reading.
Included as our own text are sections written by a variety of interview-
ees including partners from the Big Four, senior auditors, accountants,
analysts, investment bankers, other professional investors, sharehold-
ers and senior and lower level managers of the FTSE 350. Many have
required anonymity so there are only a handful of attributions given.
We have not always identified quotes separately, especially if they came
from several sources, even though we may have used the actual words
from a single source. Credit should be given to those people who have
given much time and effort in providing input to this volume. We do
indeed thank them very much. Of course, as these written sources have
requested anonymity, we are not at liberty to release their names. How-
ever, many of the ideas incorporated here include input and sometimes
their actual words. Where we have incorporated ideas into our own
thinking, then we adhere to the normal observation to the effect that
the views expressed here are our own, notwithstanding the comments
of others.
Where possible we have also referenced press reports. Usually these
articles are published contemporaneously with the business failure or
event. Most importantly, where possible, we always try to provide a bal-
anced view.
Many of the comments we received have been added for balance to
reflect the many comments received from reviewers and practitioners,
some of which have been involved in the various cases we consider.
Often their response is to disagree with our conclusions in the strongest
possible terms. However, our conclusions are based on evidence and are
often reinforced by others; those references have been given.
Notes
1 Marriage, M., 2019, UK accounting watchdog to be replaced by stronger regula-
tor, Financial Times, 11 March 2019. Available at: https://www.ft.com/content/
d6580162-4416-11e9-b168-96a37d002cd3 Accessed March 2019.
12 About this book
2 FTSE 350. The top 350 companies listed on the FTSE, the Financial Times
Stock Exchange 350 index – that is the top 350 companies by market capitalisa-
tion. Most of these are classified by as Public Interest Entities which means they
have the highest level of reporting and external audit requirements. The FTSE
100 is the top 100 listed companies. The FTSE 250 is the 101st to the 350th top
listed company.
3 Beattie, V., Fearnley, S., and Hines, A., 2011, Reaching Key Financial Reporting
Decisions – How Directors and Auditors Interact, John Wiley & Sons. Available at:
www.wiley.com/en-us/Reaching+Key+Financial+Reporting+Decisions%3A+How+
Directors+and+Auditors+Interact-p-9780470748749 Accessed July 2018, or
available at: www.amazon.co.uk/Reaching-Key-Financial-Reporting-Decisions-
ebook/dp/B005HF3OBK/ref=sr_1_1?ie=UTF8&qid=1528106773&sr=8-
1&keywords=Key+Financial+Reporting+decisions Accessed July 2018.
4 Institute of Chartered Accountants for England and Wales (ICAEW), considered
the most prestigious of the accounting bodies, and the organization that usually
entitles an accountant to audit (in England and Wales). There are Scottish and
Irish equivalents.
5 Marriage, M., 2018, ‘Probe Urged into Break-Up of Big Four Accountants: UK
Financial Reporting Council Wants Inquiry into Case for Creating Audit-Only
Firms’, Financial Times, 16 March. Available at: www.ft.com/content/911e8184-
283d-11e8-b27e-cc62a39d57a0 Accessed July 2018.
6 Brother of philosopher Roy Bhaskar, now deceased and previously leader of the
realist movement (the Realist Theory of Science, amongst others).
7 Although he has no formal accounting qualification, he has been an examiner,
written books for the ICAEW and CIMA and undertaken and supervised audits
for those with ICAEW and ACCA qualifications, and undertaken national and
country audits; in addition he has helped one of the Big Five with certain aspects
of FTSE 100 audits, and undertaken numerous assurance reviews for investment
banks. He also taught auditing and computer auditing as part of continual profes-
sional development programmes for qualified ACAs and others, nationally and
internationally. He has a close association with US and French universities and
runs two boutique consulting companies.
8 From 1981 to 1991. In the early days of the Common Market, agricultural spend-
ing absorbed 80% of the budget. It is now a significantly lower share, as the EU
has developed other budget lines, but still accounts for 38% of the EU budget of
155 billion euros as of 2016.
9 Ibid.
10 UK Royal Honour: Officer of the Most Excellent Order of the British Empire.
11 Fellow of the ICAEW, rather than just ACA, of which he is a chartered accountant.
12 The Financial Times Stock Exchange 250 Index, also called the FTSE 250 Index.
FTSE 250 is a capitalization-weighted index consisting of the 101st to the 350th
largest companies listed on the London Stock Exchange. Rod describes it as a
share index of mid-sized companies (after the top 100) listed on the London
Stock Exchange by market capitalization.
2 Regulation, regulators
and reporting
Not so now. It has been expanded with various additional reports and
narrative reporting (sometimes referred to as the strategic report and
14 Regulation, regulators and reporting
director’s report) and various non-financial information (NFI) and
reports.
There is no such thing as “the” true and fair view. There is always a
range of views.
Materiality
You will find that the concept of materiality comes up in our case studies.
According to Wikipedia,
Basically, if the amount being questioned is less than this numerical mate-
rial amount, then the auditors can ignore that issue.
In the US, the Securities and Exchange Commission (SEC) defines
what is material by using a numerical value. This is currently 5% of pre-
tax profits, though this cannot be a hard and fast rule. If pre-tax profits
are, say, £20 billion in one year, then fall back to £1 million the next year,
and then return to £20 billion the year after, defining what is material as
5% of the £1 million figure is clearly misleading. So, the value of what
may be material has to be assessed with regards to the overall nature of
the company and its business, and also taking a longer-term view. Often
the definition of a material value is included in the annual report under a
section usually called ‘Materiality’.
Regulation, regulators and reporting 15
Forward-looking statements
There is an increasing focus on NFI and a growing requirement to pro-
vide forward-looking information, including a forecast view of the busi-
ness and the answers to additional ‘what if ’ questions. ‘Going concern’
examines the survivability of the company over the next 12 months.
‘Viability’ looks forward several years. However, there is now interest in
not just an opinion about the future but also numerical forecast numbers.
A recent survey by KPMG, the 2016 Survey of Business Reporting,
reported that 25% of the companies included (270 companies across 16
countries) provide short-term forecasts in their annual reports.7
Recent:
• Strong encouragement of ‘clear and concise’ reporting;
• A new governance and stewardship code8 and usually periodic
updates or guidance notes;
• Expansion of this code to private companies;9
• New routine reports on materiality and auditing; often under the
headings of guidance, policy or thematic review;10
• New fines and penalties (now up to £10 million, though this may be
raised again);
• Involvement in the senior appointments of the Big Six.
However, it has not all been plain sailing for the FRC. In 2017 it came
under criticism for closing the investigation into Tesco and its auditor,
PwC.The FRC said there was “not a realistic prospect”11 a tribunal would
find PwC guilty of misconduct at Tesco. This is their standard language
for saying they could not publicly fault PwC.
Regulation, regulators and reporting 19
FRC: post-HBOS and Carillion
In September 2017, the FRC cleared KPMG, the auditor of HBOS (Hal-
ifax and Bank of Scotland), of misconduct in relation to its work with
the lender in 2007 and 2008. The FRC said the audit of HBOS’s 2007
results “did not fall significantly short of the standards reasonably to be
expected” and that its assessment of the bank’s health in 2008 “was not
unreasonable at the time”.17 The FRC’s decision prompted concern over
accountability for the downfall of the bank (and in general all banks),
which was forced into a rescue by Lloyds Banking Group in 2008.
Nicky Morgan, chair of the Parliament’s treasury Select Committee
(SC), sent a letter arguing that accountants should be subject to tougher
rules, more like those imposed on auditors “to protect the public inter-
est”.18 FRC ex-chief executive Stephen Haddrill responded by saying
that the ability of the FRC to investigate audits and bring auditors to
book had been hampered by the prevailing UK law, which had set the bar
of the misconduct test unattainably high. But with the EU Audit Regula-
tion and Directive (ARD) implemented in 2016 and enshrined in UK
law, the threshold had been lowered and the regulator would be able to
make relevant enforcement. This also meant that more potentially defi-
cient audits would be investigated, prosecuted and ultimately sanctioned.
In so doing, fines were increased to in excess of £5 million and now to
£10 million.
A £10 million fine was levied on PwC but reduced to £6.5 million on
settlement, with a 15-year ban for one partner plus a fine of £325,000 for
that individual. In 2017 there were two further large fines. PwC was fined
£6 million, reduced to £5.1 million on settlement following an investiga-
tion into the 2011 accounts of RSM Tenon, which collapsed in 2013. One
of PwC’s partners was fined £114,750 and PwC had to pay £500,000 in
costs in 2017. This fine came after PwC was fined £5 million earlier in
2017 over its audit of Connaught in the period running up to the social
housing group’s collapse in 2010. Bottom line, dismiss the numbers, but
none of these sanctions were large enough to have much real effect and
reports of them were confined to the specialist financial press or financial
pages of the national press in the main.The ones that still stand out include
the collapse of HBOS and the more recent 2018 cases; although, in our
interviews, the impact seems to be much greater in terms of peer group
pressures and status (i.e. promotions) within the audit firm.
The FRC has often been criticized for being too close to the Big Four.
Of the 30 board and senior FRC positions identified in Accountancy in
December 2017 (page 13), 15, or 50%, are from the Big Four (including
one from Arthur Andersen, one of the Big Five firms before the Enron
scandal), and two were from mid-level firms.
20 Regulation, regulators and reporting
It has also been criticized for being too slow and ineffective. The FRC
admitted that it should have been faster to investigate why KPMG gave
HBOS’s accounts the green light just seven months before the bank had
to be rescued by Lloyds during the GFC. Instead, the FRC closed its
investigation into the audit, saying it had found that KPMG’s work for
HBOS “did not fall significantly short of the standards reasonably to be
expected”, notwithstanding that criticisms have been made elsewhere
that this was a biased board and the suspicion is that this may have been a
biased decision. The FRC then admitted:
The FRC came under heavy criticism by the joint Select Committee
(SC)12 and MPs for being slow and “far too passive” in its scrutiny of the
financial practices of collapsed outsourcer Carillion. MPs on two high-
profile parliamentary committees concluded in their report that they had
“little faith in the ability of the FRC to complete important investiga-
tions in a timely manner”.14
Language: Finnish
Kirj.
Ellen Wester
Suomennos
Tammikuu.
Helmikuu.
Huoneessani riippuu rokokoopeili, kullatussa, kaareilevassa
kehyksessä, ja peilin alla kullatulla hyllyllä seisoo pieni porsliininen
pari, puuteroittuine irtonaishiuksineen ja rintaröyhelyksineen. Heillä
on sirosti teeskentelevä ryhti — tyttö ottaa povestaan kirjeen ja
ojentaa sitä pojalle ja tämä kumartaa, käsi sydämellään, ja näyttää
vakuuttavan pettämätöntä jumaloimistansa kylliksen ihanuudelle ja
sulolle. Tuo pieni, huolettomasti hymyilevä pari johtaa ajatukset
menneisiin aikoihin jolloin ihmiset — niin kuvittelemille — kulkivat
tanssien elämänsä läpi.
Kun laskin ikkunaverhoni alas, välähti pääni läpi ajatus, että nyt
tunnen ainakin yhden, jonka jokapäiväinen tie käypi pitkää, pimeätä
katua pitkin.
Huhtikuu.
Ilma oli lauha ja maa oli niin kostea, että vesi pursui esiin siitä,
mihin jalka vaan tallasi. Pensaitten silmikot paisuivat suurina;
sopessa pilkisteli krookuspäitä esiin, ja nurkassa, minne
etelänaurinko paistoi, kukkivat lumipisarat vihertävän valkeina ja
täyteläisinä.
Jos hän vielä olisi kysynyt, niin olisi hän mielellään saanut tietää,
mitä olin ommellut ja mitä sen ohella olin ajatellut, mutta hän alkoikin
puhua puutarhasta, keväästä ja ilmasta ja sitten elämästäni.
Nyt tiedän, kenen lamppu se on, joka palaa niin myöhään illalla.
Katu ei enää ole tyhjä ja autio — mutta pimeys tuolla puolen
valonsäteen on niin musta.
Toukokuu.
»Kiitos, että tulette tänne alas; te olette hyvä», ja sitten suuteli hän
kättäni, jota omassaan piteli.
Kesäkuu