Trueblood Case Analysis 08-9: Fraud and Illegal Acts Essay

2 Managing fraud risk: The audit committee perspective Fraud in a fi nancial statement audit

By looking at Oxley section 301.4, the audit committee requires to establish procedures for the receipt and treatment of complaints regarding accounting, internal accounting controls, or auditing matters. In addition, the audit committee requires to establish procedures to ensure the confidentially for the issuer and anonymously situation.

* U.S. governmental oversight of accounting fraud and abuse and its effect on the company Potential corruption schemes to be aware of in the company

The Sarbanes-Oxley Act has many provisions. A few of the major provisions include the creation of the Public Company Oversight Board (PCAOB), Section 201, 203, 204, 302, 404, 809, 902, and 906. The PCAOB was the first true oversight of the accounting industry. It oversees and creates regulations, and it will monitor and investigate audits and auditors of public companies. The PCAOB has the authority to sanction firms and individuals for violations of laws, regulations, and rules. Section 302 requires the CEO and CFO to certify that they reviewed the financial statements, and that they are presented fairly. Section 404 requires management to state whether internal control procedures are adequate and effective, and requires an auditor to attest to the accuracy of the statement. Section 902 states that “It is a crime for any person to corruptly alter, destroy, mutilate, or conceal any document with the intent to impair the object’s integrity or availability for use in an official

There used to be a time in the United States when there were no regulations in place to protect the public from corporate greed and deceit. Publically traded companies used the auditors they had on retainer to audit their financial statements. There was no reason to believe that such large corporations would allow their share holders to fall. That fairytale came to an end with the discovery of the Enron and WorldCom scandals. These nightmares made the public “wake up” and realize that nothing was required of these companies to prove their statements or protect their shareholders. Regulation was

To start, the agency assigned to oversee the implementation of the Sarbanes-Oxley Act is the Securities and Exchanged Commission (SEC). It created the Public Company Accounting Oversight Board (PCAOB) to monitor and evaluate auditing reports from accounting firms to ensure the quality of financial statements and that full corporate governance is being carried out. It sets a standard that all firms must follow closely. PCAOB is an independent organization whose primary role is to catch and recognize any suspicious and unethical activities in accounting firms and oversee that firms are following the compliances rules of SOX. A typical auditing report created by PCAOB is divided into two parts. According the Nagy (2014), the first part consists of a list of any flaws in compliance and auditing errors and the second part is quality control. The purpose of creating PCAOB is to promise investors and the general public that firms are following the strict compliance policy of SOX and that the SEC is aware of the financial situation of companies because it is keeping a close eye on monitoring business

The Sarbanes-Oxley Act of 2002, also known as SOX, was enacted in response to several corporate and accounting scandals with the goal of restoring investor confidence in the financial statements of public companies. It is a U.S. federal law covering such issues as auditor independence, corporate governance, evaluation of internal controls and greater financial disclosure. SOX also set new or expanded requirements for the board of all public companies, management or public accounting firms in the U.S. It outlines the obligations of the board of directors for public companies, adds criminal penalties for certain transgressions and required the Securities and Exchange Commission to establish regulations to specify how corporations will conform

Sarbanes Oxley Act of 2002 was enacted to protect investors by improving the accuracy and reliability of corporate disclosures. (Public Law 107-204, 2002) This law affects any publically traded company regardless of the industry of the business. Corporate management is held responsible for the validity of the financial statements, internal controls, and is required to submit Form 10-K to SEC every quarter. The Public Company Accounting Oversight Board was created by this act and given the authority to oversee how audits are performed. Audit firms are now required to undergo inspections by the PCAOB. PCAOB mandates accounting and auditing standards. Auditors are required to maintain independence and have a rotation requirement of every five years. It is illegal for corporate management to improperly influence the conduct of audits. The act also enhances corporate disclosure. Corporate management has a requirement of forfeiting

The readers should read this specific study to understand corporate fraud. Corporate fraud occurs more regularly than one may think, therefore, understanding what corporate fraud is and the history surrounding it would allow companies and accounting professionals to understand how to help prevent it from occurring within their workplace. In addition, the research provides vital information and history regarding SOX, PCAOB, and AICPA and the rules and regulations required with financial statement reporting and how to better implement rules and regulations to make the company a safer place of business. The research is also vital to companies and accounting professionals as it explains the type of people that commit financial statement fraud

Under the audit and examination committee, they have to regulatory and oversight the conduct risk of the entity, in addition, they have to disclose the security risk, operational risk and technology risk. Moreover, audit and examination committee required to oversight the internal audit function, external auditor performance and disclosure framework for financial and risk reports prepared for the board, management, and third party agencies. The committee should provide greater centralization of review and oversight and augment reporting to the board of the type of issues that contributed to breakdown in Wells Fargo’s sales culture.

The Sarbanes Oxley Act (2002) passed after the Enron fiasco of the early 21st century. Enron was able to trick investors by using Special Purpose Entities which was allowed through GAAP standards, but nonetheless failed to reveal the potential risks to the investors looking at its financial records. “Enron 's executives had in fact fraudulently reported profits, but not debts, inflating its stock value and enabling it to obtain some capital from ignorant financial institutions and other investors.” (Kaal, 2016) Therefore, the passing of the SOX Act provided two main points, the Public Company Accounting Oversight Board and Title IV. PCAOB holds public accounting firms accountable. PCAOB works in conduction with other CPA organizations, but it holds the ultimate authority over CPA organizations. Title IV requires the full disclosure for any Special Purpose Entities and the impact that they might have. Also pro forma calculations, figures based on future events that might occur, and personal loans to

The course Fraudulent Financial Reporting and Corporate Governance of prof. Hermanson is the great oversight of financial reporting and governance issues. The students are able to understand the roles of the board of director and board committees, the critique research on fraudulent financial reporting and the cycle of fraud through real fraud cases over the world. Indeed, I recognize the importance of corporate management over financial reporting. The three main things I learned from this class is understanding of the effect of board of directors on fraud decisions, elements of fraud, and the importance of fraudulent accounting to accountants and auditors

An audit committee is a subcommittee of the board of directors that oversees the financial reporting process of a company including its audit procedures. In general, the audit committee’s responsibilities are to monitor the financial reporting process, oversee the internal control systems and to oversee the internal audit and independent public accounting function (Doupnik & Perera, 2012). Another requirement for publicly traded companies in the United States is that the committee must be made up of independent directors, meaning that no committee member can work for the company, with one committee member being a financial expert in accounting and auditing.

EXPLAIN THE RESPECTIVE ROLES AND RESPONSIBILITIES OF MANAGEMENT AND AUDITORS IN THE PREVENTION AND DETECTION OF FRAUD.

suggestions on how members of the Audit Committee of an organization can effectively meet their responsibilities. Background The collapse of Enron and the bankruptcy of WorldCom, representing stunning lapses of corporate governance, were compelling forces behind the passage of the Sarbanes-Oxley Act. By stipulating increased reporting requirements and imposing stiff penalties for non-compliance, the Act attempts to increase the accountability of an entity’s Chief Financial Officer, Chief Administrative Officer, its Board of Directors, its Audit Committee, and the external auditors. Exhibit 1 summarizes entities and people who may play a role in corporate governance. [Insert Exhibit 1 about here] In effect, the Sarbanes-Oxley Act is yet another attempt to lessen the “expectations gap” – the difference (gap) between auditors’ beliefs as to their required standards of performance and public expectations of auditors’ performance (ABREMA 2002; Lee 1994). For example, many members of the public believe that auditors in effect “guarantee” the accuracy of financial statements when an unqualified audit opinion is expressed; they contend that auditors should accept prime responsibility for the accuracy of