Corporate fraud and misconduct : investigative and regulatory priorities

This article investigates the profile of the companies that have been investigated for corporate fraud and misconduct. Our definition of fraud includes financial statement fraud, market misconduct fraud such as insider trading or false disclosures, and managerial fraud. The particular evidence presented relates to those instances of corporate fraud and misconduct investigated by the Australian corporate regulatory, Australian Securities and Investments Commission (ASIC), and relates to sanctions for fraud, misconduct or compliance breaches. Using data compiled from the public announcements in the ASIC reports over the period 2004-2008, we categorise the type of fraud and misconduct breaches ASIC chooses to report and investigate.

Corporate fraud culture: Re-examining the corporate governance and performance relation

We analyse the corporate governance and performance relation, when conditioning on corporate fraud, for fraud firms during 2000 – 2007. Fraud firms are identified as either self- reported fraud events, or subject to regulatory investigation. We use the inverse Mills ratio procedure to account for firms' (unobservable) fraud culture in the dynamic system GMM model of the performance- governance relation. We find that corporate governance is an endogenously determined characteristic that has no causal impact on firm performance when conditioning on fraud. Fraud is a significant regulatory event but its overall economic impact at the firm level is highly variable.

Three essays on corporate governance and meeting-beating or missing analyst forecasts

The beginning of the 21st century was plagued with unprecedented instances of corporate fraud. In an attempt to address apparent non-existent or “broken” corporate governance policies, sweeping measures of financial reporting reform ensued, having specific requirements relating to the composition of audit committees, the interaction between audit committees and external auditors, and procedures concerning auditors’ assessment of client risk. The purpose of my dissertation is to advance knowledge about “good” corporate governance by examining the association between meeting-or-beating analyst forecasts and audit fees, audit committee compensation, and audit committee tenure and “busyness”. Using regression analysis, I found the following: (1) the frequency of meeting-or-just beating (just missing) analyst forecasts is negatively (positively) associated with audit fees, (2) the extent by which a firm exceeds analysts’ forecasts is positively (negatively) associated with audit committee compensation that is predominately equity-based (cash-based), and (3) the likelihood of repeatedly meeting-or-just beating analyst forecasts is positively associated with audit committee tenure and “busyness”. These results suggest that auditors consider clients who frequently meet-or-just beat forecasts as being less “risky”, and clients that frequently just miss as being more “risky”. The results also imply that cash-based director compensation is more successful in preserving the effectiveness of the audit committee’s financial reporting oversight role, that equity-based compensation motivates independent audit committee directors to focus on short-term performance thereby aligning their interests with management, and that audit committee director tenure and the degree of director “busyness” can affect an audit committee member’s effectiveness in providing financial reporting oversight. Collectively, my dissertation provides additional insights regarding corporate governance practices and informs policy-makers for future relevant decisions.^

El fraude empresarial: perspectiva internacional

Este trabajo analiza el fraude empresarial desde una perspectiva internacional. En los últimos años, ha estado muy presente en casos como el de Enron, WorldCom, Royal Ahold o PARMALAT, en los que se ven afectados la propia empresa, los trabajadores, el gobierno y, especialmente, los inversores, con pérdidas que pueden alcanzar millones de dólares. El fraude también afecta a la imagen de las empresas y en la motivación de los trabajadores, y además a menudo es causa de denuncias y penas de prisión. En función del tamaño de la empresa y del sector, la frecuencia con la que se cometen los actos fraudulentos y las pérdidas causadas varían. Asimismo, estos fraudes afectan a todas las regiones del mundo, aunque de manera desigual. Pero es en aquellas regiones más desarrolladas donde se le presta más atención al tema, y donde se han tomado numerosas medidas para intentar impedir estos actos ilícitos. Algunas de las más importantes son las propuestas por las Naciones Unidas: El Pacto Mundial y la Convención contra la Corrupción. También cabe destacar la Oficina Europea de Lucha Contra el Fraude, a nivel europeo, o la Foreign Corrupt Practices Act y la Ley Sarbanes-Oxley, en Estados Unidos. A pesar de estas medidas, en los últimos años el nivel de fraude ha aumentado.

Fraudes corporativas: um estudo de casos múltiplos à luz da teoria dos escândalos corporativos

O presente estudo é uma investigação empírica de natureza qualitativa e tem por objetivo comparar as características das fraudes praticadas por meio de manipulação nas demonstrações contábeis das empresas Daslu, Kmart e Avestruz Master. Buscou-se verificar diferenças entre fraudes no Brasil e nos Estados Unidos, no que se refere às motivações e finalidades da ação fraudulenta, aos métodos de manipulação contábil utilizados e à governança corporativa adotada pelas empresas. O trabalho foi desenvolvido seguindo a metodologia do estudo de casos múltiplos, utilizando-se um protocolo, que contemplou os procedimentos e as regras gerais obedecidas na pesquisa, com a função de incrementar a confiabilidade do estudo e orientar o trabalho do pesquisador. A seleção dos casos estudados foi feita com base em pesquisas anteriores, que mencionaram fraudes praticadas no Brasil e nos Estados Unidos, na última década. Os resultados indicam que as fraudes apresentaram diferenças na natureza e na autoria dos atos fraudulentos, com evidências da aplicação das teorias do triângulo da fraude (TTF) e dos escândalos corporativos (TEC). Considerando que as corporações brasileiras estudadas possuíam sistema de governança corporativa concentrado, similar ao de empresas europeias, as diferenças observadas nas fraudes investigadas podem ser explicadas pela teoria dos escândalos corporativos, defendida por Coffee Jr. (2005).

Manipulación contable: aspectos éticos y legales

IDIOMA: ESPAÑOL Mediante el siguiente trabajo se presenta una visión general del fraude empresarial y en particular de la práctica de manipulación contable. Se analiza la evolución del fraude y la influencia de la crisis económico-financiera sobre el mismo y los tipos de fraude. Una vez introducido el tema, el trabajo se centrará en la manipulación contable y las técnicas más habituales. El presente trabajo es un informe sobre la manipulación contable y sus aspectos éticos y legales. Se procederá al análisis de las motivaciones que llevan a los empresarios a realizar este tipo de delito económico. Posteriormente se analizará la difusión del mismo y la relación de la ética con los comportamientos fraudulentos. Finalmente se plantearán medidas a adoptar para acabar con la manipulación contable.

Financial fraud and the use of ratios in corporate collapse prediction models

This paper highlights the prevalence and extent of financial fraud amongst collapsed corporations. In doing so, it examines the recent spectacular corporate collapses of Parmalat in Europe, Enron and WoridCom in the USA and HIH in Australia. A new methodology that provides empirical evidence to the financial fraud claims found in the literature, is then put forward. The proposed methodology argues that if financial fraud was a possibility amongst collapsed corporations, then two premises ought to be observed in the literature on ratio based multivariate modelling for predicting corporate collapse. First, in the absence of financial fraud, we expect the models to consistently predict corporate collapse with a high degree of accuracy; particularly, as one approaches the incident of collapse. Second, if financial fraud takes place and statement figures are distorted, then we expect the financial ratios, which are the predictor variables in these models, to lose relevance and therefore their use in models will be short-lived. Empirical support from Hossari and Rahman (2004) and Hossari and Rahman (2005) is presented as evidence to the two premises.

Corporate governance and misappropriation

This study examines the occurrence of misappropriation-type fraud within Australian listed firms and the relation between the incidence of this type of fraud and a firm's governance strength. We measure governance strength using factors relating to traditional corporate governance, such as board composition, CEO duality, and audit committee composition, as well as factors relating to information technology governance. In our study, we use actual dollar amount of fraud reported by listed companies responding to the 2004 KPMG Fraud Survey as one of three different misappropriation measures and publicly available firm-specific data to measure the other variables in the model. Our study found that where the chief executive officer (CEO) also holds the position of chairperson of the board of directors, the likelihood of fraud increases. We also find that the greater the number of independent directors on the audit committee, the lower the level of fraud. Taken together, these results are particularly encouraging as they provide support for regulatory bodies such as the Australian Stock Exchange (ASX) and the Australian Securities and Investment Commission (ASIC), which place considerable emphasis on the importance of establishing good corporate governance practices. The study provides empirical evidence that employing good corporate governance reduces the risk of the misappropriation of assets.

Cameron's hot air. Pollution, fraud and the politics of carbon emissions

It is widely recognised that exposure to air pollutants affect pulmonary and lung dysfunction as well as a range of neurological and vascular disorders. The rapid increase of worldwide carbon emissions continues to compromise environmental sustainability whilst contributing to premature death. Moreover, the harms caused by air pollution have a more pernicious reach, such as being the major source of climate change and ‘natural disasters’, which reportedly kills millions of people each year (World Health Organization, 2012). The opening quotations tell a story of the UK government's complacency towards the devastation of toxic and contaminating air emissions. The above headlines greeted the British public earlier this year after its government was taken to the Court of Appeal for an appalling air pollution record that continues to cause the premature deaths of 30,000 British people each year at a health cost estimated at £20 billion per annum. This combined with pending legal proceedings against the UK government for air pollution violations by the European Commission, point to a Cameron government that prioritises hot air and profit margins over human lives. The UK's legal air pollution regimes are an industry dominated process that relies on negotiation and partnership between regulators and polluters. The entire model seeks to assist business compliance rather than punish corporate offenders. There is no language of ‘crime’ in relation to UK air pollution violations but rather a discourse of ‘exceedence’ (Walters, 2010). It is a regulatory system not premised on the ‘polluter pay’ principle but instead the ‘polluter profit’ principle.

Carbon emission accounting fraud

This chapter explores the motivation behind potential carbon emission accounting fraud by corporations. There are several different possible risks of carbon emission accounting fraud which remain mostly overlooked by researchers to date, despite the fact that such frauds have a negative impact on a country’s economy as well as the real purpose of mitigating carbon emissions. The chapter offers discussion of some potential risks of carbon emission accounting fraud as well as related prevention policy. The study suggests that an effective mandatory carbon emission related fraud prevention policy is essential to eliminate opportunities to commit such fraud by corporations.

Corporate governance developments in commonwealth countries

Corporate failures, fraud and rising salaries have directed attention towards the corporate governance mechanisms of companies. A review of governance developments in selected Commonwealth countries is undertaken in order to inform the governance debate and provide an opportunity to discuss governance relating to some countries which may not receive much attention in the debate. The countries covered in this review are the United Kingdom, South Africa, India and Australia. Brief coverage of the respective countries' progressions in the corporate governance debate is provided.

A conceptual framework of e-fraud control in an integrated supply chain

The integration of supply chains offers many benefits; yet, it may also render organisations more vulnerable to electronic fraud (e-fraud). E-fraud can drain on organisations’ financial resources, and can have a significant adverse effect on the ability to achieve their strategic objectives. Therefore, efraud control should be part of corporate board-level due diligence, and should be integrated into organisations’ practices and business plans.
Management is responsible for taking into consideration the relevant cultural, strategic and implementation elements that inter-relate with each other and to coordinating the human, technological and financial resources necessary to designing and implementing policies and procedures for controlling e-fraud. Due to the characteristics of integrated supply chains, a move from the traditional vertical approach to a systemic, horizontal-vertical approach is necessary. Although the e-fraud risk cannot be eliminated, risk mitigation policies and processes tailored to an organisation’s particular vulnerabilities can significantly reduce the risk and may even preclude certain classes of frauds.
In this paper, a conceptual framework of e-fraud control in an integrated supply chain is proposed. The proposed conceptual framework can help managers and practitioners better understand the issues and plan the activities involved in a systemic, horizontal-vertical approach to e-fraud control in an integrated supply chain, and can be a basis upon which empirical studies can be build.

Quality of internal control procedures : antecedents and moderating effect on organisational justice and employee fraud

Purpose – This study aims to bring together theoretical concepts from the organizational justice, internal control and fraud literature to develop two distinct models relating to employee fraud and the quality of internal control procedures (ICP), respectively.

Design/methodology/approach – Survey data from 64 Australian firms were used to develop the two models. The first model was tested using a logistic regression analysis, and the second model was tested using a multiple regression analysis.

Findings – The first model reveals that the quality of ICP has a moderating effect on the relationship between perceptions of organizational justice and employee fraud. The second model indicates that ICP quality is significantly and positively related to three key organizational factors: the corporate ethical environment, the extent of risk management training of staff, and the internal audit (IA) activity level.

Practical implications – Risk management strategies relating to employee fraud will need to pay greater attention to organizational factors that affect both perceptions of justice at the workplace and ICP quality, including fostering a more ethical and equitable work environment, increasing IA activities and staff training in risk management.

Originality/value – Using the fraud triangle framework, this study extends previous literature by providing empirical evidence on the role of organizational justice and ICP regarding employee fraud.

Evolving nature of fraud investigation and prevention

This thesis is concerned with the evolution of fraud investigation and prevention in light of the advances in computing technology. These recent advances have impacted upon traditional fraud offences as well as creating a range of new crimes. The financial significance of fraud is growing whereas law enforcement and the judicial system appear to be unable to meet the demands of these emerging crimes and its victims. This research compares the responses of our present and future investigators with those of our current business leaders from the government and the commercial sectors. This research establishes the needs of corporate decision-makers and the attitudes of police with regard to fraud. Data relating to persons arrested and convicted of fraud was also analysed to identify the issues that may be responsible for the non-reporting of offences to police by victims. The research found that victims are seeking solutions that are not available through law enforcement, for example financial compensation. Law enforcement also under-utilises the potential of proactive responses to prevent offences and they are reluctant to acknowledge the benefits of preventative measures and to incorporate this strategy within criminal investigation training programmes. The lack of deterrence offered by the judicial system does not make the situation any better. The police function is still primarily a reactive one. In order to overcome fraud and to be able to adapt to changes there needs to be collaboration between stakeholders. This requires a joint effort from the police, government, commerce and the victims of fraud. An innovative model involving stakeholders has been formulated that represents an alternative to the current system. This approach utilises the financial resources and expertise from the commercial sector as well as the skills of criminal investigators from the police. This means adopting a combined package of both reactive and proactive measures in order to minimise the impact of fraud. This model will be adaptive and will be able to accommodate any future requirements arising out of further inevitable advances in computer technology.

Can analyst coverage reduce the incidence of fraud? Evidence from China

We investigate the impact of security analyst coverage on the incidence of corporate financial fraud in China. After controlling for the endogeneity between analyst following and fraud, we find that financial analyst coverage cannot significantly influence the incidence of fraud. The empirical findings suggest that financial analysts do not serve as external monitors to managers and large shareholders in China. © 2014 Taylor & Francis.