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• eBook-Kapitel aus dem Buch Accounting Fraud

  Case 35: Parmalat (Italy, 2003)

  Prof. Dr. Klaus Henselmann, Dr. Stefan Hofmann

  …Accounting Fraud in European Companies 206 Case 35: Parmalat (Italy, 2003) Parmalat, one of Italy’s most significant commercial entities and… …and EBIT of about EUR 600 million, Parmalat had Accounting Fraud in European Companies 207 become a global rival to Nestlé, Danone and… …, Tanzi did not bring much-needed high-level expertise into his management ranks by recruiting senior executives from other big global firms. Instead… …account linked to the Cayman Islands subsidiary known as “Bonlat”, which appeared to be at the heart of the fraud. The Bank of America revealed that a… …creditors all lost money heavily. The case Accounting Fraud in European Companies 208 sent shockwaves through Italy where Parmalat was a household… …Italian banks. The management of the company went over to Enrico Bondi, a turn- around specialist well known in Italy. Bondi had been appointed as a… …revenues through fictitious sales. The core of the fraud was a system of double-billing to supermar- kets and other retail customers. By billing twice for… …divisions. For example, one amount of EUR 65 million found its way to AC Parma, the soccer Accounting Fraud in European Companies 209 team owned… …located in tax havens around the world, and it engaged in complicated bond and derivative deals. The fraud was certainly not of the blatant “take-the-… …had echoes of several other recent scandals (see Trueman 2004, p. 4): – The fraud appeared to have been incremental, growing in magnitude over a…

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• eBook-Kapitel aus dem Buch Accounting Fraud

  Case 14: Dynegy (2002)

  Prof. Dr. Klaus Henselmann, Dr. Stefan Hofmann

  …Accounting Fraud in U.S. Companies 102 Case 14: Dynegy (2002) At the beginning of the new millennium, Houston-based Dynegy Inc. was a high-… …flying business rival of the Enron Corporation. Of course, the accounting fraud at Dynegy never reached the scale of notoriety of that at neighbouring… …downplayed the importance of the SEC investigation. The company said that “a new management focus was needed” and that the trades being investigated were… …positions generate no current cash flow (this treatment was required under US-GAAP). Accounting Fraud in U.S. Companies 103 In order to… …of the fraud caused Dynegy’s stock to plunge. Alpha’s impact on Dynegy’s financial statements was especially significant, because the statement of… …Dynegy’s lack of cooperation in the early stages of the investigation. Accounting Fraud in U.S. Companies 104 In August 2003, two of the three tax… …the most severe sentences for accounting fraud in recent memory. “I take no pleasure in sentencing you to 292 months, but my job is to follow the… …Alpha alone. Olis argued he didn’t personally benefit from the fraud scheme and had acted with the knowledge and approval of Dynegy’s financial… …case. Accounting Fraud in U.S. Companies 105 References: Securities and Exchange Commission: SEC v. Dynegy Inc., Litigation… …Dynegy Face Charges of Fraud, The New York Times, June 13, 2003 Jury convicts former Dynegy exec of fraud, The Houston Business Journal, November 14, 2003…

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• eBook-Kapitel aus dem Buch Accounting Fraud

  Case 29: Infomatec (Germany, 2000)

  Prof. Dr. Klaus Henselmann, Dr. Stefan Hofmann

  …Accounting Fraud in European Companies 177 Case 29: Infomatec (Germany, 2000) Infomatec, an Augsburg-based maker of interactive TV… …, Infomatec was a darling of Ger- many’s “Neuer Markt”. However, first came euphoria, then came fear, and finally, fraud. The founders of Infomatec, Gerhard… …Harlos and Alexander Haefele, were among the first board members of a corporation from the Neuer Markt to be arrested for allegations of fraud… …. Share- holders that had acquired Infomatec shares after the release of the incorrect publica- tion sued Infomatec as well as the company’s management team… …shareholders. The disclosures have a particular importance for both groups, since at the time of the notification only management has the details of this… …information. Accounting Fraud in European Companies 178 Although there were many attempts by single investors to sue Infomatec and the… …management team, not all of them were successful. However, in its famous “Infomatec decisions”, the German Federal Supreme Court (BGH) ruled in 2004… …for the first time that members of the management board of a public corporation can be held personally liable to shareholders for intentionally issuing… …investigation, and in October 2000 a search order was issued for the offices of Infomatec and the pri- vate homes of the management team. The managing banks… …suspicion of insider trading and stock price fraud. Haefele received a jail term of two years and nine months, and Harlos was given a two years suspended…

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• eBook-Kapitel aus dem Buch Accounting Fraud

  Case 8: Sunbeam (1998)

  Prof. Dr. Klaus Henselmann, Dr. Stefan Hofmann

  …Accounting Fraud in U.S. Companies 61 Case 8: Sunbeam (1998) Sunbeam Corp., the Boca Raton, Florida-based maker of such well-known brands… …relied on question- able accounting gimmicks and outright fraud to enhance earnings. It happened under the direction of now disgraced CEO Albert J… …Accounting Fraud in U.S. Companies 62 million. “We are winning in every aspect of our business,” Dunlap told analysts in the conference call announcing… …the suppliers had no room for them; they would not be delivered and paid for Accounting Fraud in U.S. Companies 63 until spring. A similar… …partner, who asked the company to change its financial statements. But the company’s management refused to make most of the requested changes, and the… …be). SEC enforcement officer Thomas C. Newkirk noted that the fraud was engineered to dress up Sunbeam, in order to make the company look much more… …attractive than it actually was to potential buyers: “This Accounting Fraud in U.S. Companies 64 was a primer in the techniques of financial fraud, in… …from accounting fraud. Dunlap was ordered to pay a USD 500,000 fine and had to accept a lifetime ban from ever serving again as an officer or… …bestseller. Unknown to Sunbeam investors and to the Sunbeam board was that Dunlap had faced similar allegations of accounting fraud at a much smaller… …thereby concealed, when results improved later. Edwards also claimed that the accounting fraud had masked serious operating problems at Nitec. In 1982…

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  Case 43: Sanyo Electric (Japan, 2007)

  Prof. Dr. Klaus Henselmann, Dr. Stefan Hofmann

  …Accounting Fraud in Asian Companies 247 Case 43: Sanyo Electric (Japan, 2007) Like other Japanese electronics makers, Osaka-based Sanyo… …temporarily after being implicated in financial statement fraud at Kanebo, the cosmetics firm. It had also been the auditor for Nikko Cordial, which had to… …restate past results to correct accounting irregularities as well. And now, Accounting Fraud in Asian Companies 248 Sanyo was believed not to have… …March 2007, Tomoyo Nonaka quit as CEO and chairwoman of the troubled elec- tronics firm. Nonaka, a former TV journalist with little senior management… …falsely reported a profit instead of a loss. Sanyo apologized to investors, saying it would strengthen its management team and internal controls, but… …, but also for a string of management failures that badly dented Sanyo’s image. The company had repeatedly promised a turnaround under what was billed as… …“innova- tive management”, but Nonaka failed to engineer Sanyo’s recovery. She announced a bold programme (dubbed “Think Gaia”) to transform Sanyo into a… …manufacturing company like Sanyo, which had started by making bicycle lamps in 1947. “Think Gaia was a good strategy,” said a financial Accounting Fraud in… …going green will get them out of the red.” References: Sanyo’s Accounting Fraud, www.home.comcast.net, February 23, 2007 Sanyo Earnings Probe… …Sends Shares South, E-Commerce Times, February 23, 2007 Sanyo probed for securities fraud, www.news.webindia123.com, February 23, 2007 Sanyo Probed over…

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  Case 41: Livedoor (Japan, 2006)

  Prof. Dr. Klaus Henselmann, Dr. Stefan Hofmann

  …Accounting Fraud in Asian Companies 240 Case 41: Livedoor (Japan, 2006) The Livedoor saga is probably one of the most eye-catching episodes… …accounting fraud; prosecutors depicted him as a greedy and lawless figure who had manipulated the books to inflate his company’s stock price. The trial was… …, who had used Accounting Fraud in Asian Companies 241 “smoke and mirrors” to create riches that honest and hard-working businessmen could… …, Horie was accused of falsifying the company’s accounts. The alleged fraud centred on Livedoor’s group financial statements for the business year ending… …Accounting Fraud in Asian Companies 242 hours for three months because of capacity problems. The TSE announced to put Livedoor on monitoring status, and… …. In March 2007, following a six-month trial which gripped Corporate Japan, Horie was found guilty of fraud and sentenced to two years and six months in… …came to dominate the company. Horie testified: “I never studied accounting. A management book I read said to leave that to spe- cialists, so… …statements, the Livedoor affair is “pretty small beer”, said another observer. The trial was political retaliation for Horie’s challeng- Accounting Fraud… …the Japanese appetite for reform is limited. Livedoor still exists today under new management, but it is a mere shadow of the high-flying… …College Dropout Turned Internet Tycoon, The New York Times, January 18, 2006 Livedoor founder arrested for fraud as delisting beckons, The Independent…

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  Case 32: Comroad (Germany, 2002)

  Prof. Dr. Klaus Henselmann, Dr. Stefan Hofmann

  …Accounting Fraud in European Companies 190 Case 32: Comroad (Germany, 2002) For audacity and scale, few cases of accounting fraud can match… …: Accounting Fraud in European Companies 191 (1) a lack of clarity about the existence of a Hong Kong company named “VT Elec- tronics Ltd.”, and (2) a… …, in the wake of that firm’s role in the Enron fraud in the United States. KPMG’s merger talks with Andersen broke down as the Comroad scandal… …was removed, and in November 2002, CEO Bodo Schnabel was ultimately jailed for seven years for criminal fraud and market manipulation. The Wall Street… …total revenues and backed them up with the name of a Accounting Fraud in European Companies 192 non-existing Asian customer. By 2000, roughly 97%… …criminal judgment, German investors have not been very successful in their civil damages claims against Schnabel and the other members of the management… …. Still, the courts rejected most of the civil claims against Mr. Schnabel. KPMG said that it was victim of the fraud – and indeed, some observers… …thought that the “we were fooled, too” defense could be valid. “Comroad is not an account- ing issue. This is fraud,” said Hans-Georg Bruns, a member of… …series of accountings scandals in Germany that have badly damaged investors’ confidence in Accounting Fraud in European Companies 193 financial…

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  Case 33: Vivendi Universal (France, 2002)

  Prof. Dr. Klaus Henselmann, Dr. Stefan Hofmann

  …Accounting Fraud in European Companies 194 Case 33: Vivendi Universal (France, 2002) Initially, Jean-Marie Messier was being celebrated as a… …was only after the board dislodged Messier that the new management disclosed the company’s dire financial straits. The new CEO, Jean-René Fourtou… …. According to Le Monde, Vivendi had appeared to dispose of 400 million shares in BSkyB, but, instead of selling them, Accounting Fraud in European… …separate SEC probe. In December 2002, fraud squad detectives raided Vivendi’s Paris headquarters and the homes of its deposed CEO, Jean-Marie Messier… …, hauling away boxes of docu- ments and electronic records. “The situation for Vivendi looks quite dangerous,” said a lawyer specialized in securities fraud… …cases. “Vivendi has to defend itself at a time when public anger over corporate fraud is running high, and juries are increas- ingly willing to hand out… …big awards in such cases.” Accounting Fraud in European Companies 196 In December 2003, the SEC announced that it filed and simultaneously… …settled a civil fraud action against Vivendi and its former CEO. Specifically, the SEC com- plaint included the following allegations (see SEC Press… …Accounting Fraud in European Companies 197 planned to dispose of. In a self-justificatory book published in 2003, Messier sug- gested that he was a… …, the company had continued to apply French GAAP. Accounting Fraud in European Companies 198 References: Vivendi Universal, with its…

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  Case 39: Seibu Railway (Japan, 2004)

  Prof. Dr. Klaus Henselmann, Dr. Stefan Hofmann

  …Accounting Fraud in Asian Companies 232 Case 39: Seibu Railway (Japan, 2004) Yoshiaki Tsutsumi, the former chairman of Seibu Railway, was… …president Terumasa Koyanagi to under-report the size of stakes held in Seibu Accounting Fraud in Asian Companies 233 Railway by its largest… …. According to sources close to the company, Koya- nagi had been questioned by prosecutors almost every day since Seibu had made the fraud public. The… …affairs department in charge of stocks was found dead on a beach Accounting Fraud in Asian Companies 234 in Yamagata Prefecture, after financial… …(“Corporate responsibility for financial reports”) and 404 (“Management assessment of internal controls”). “The new guideline is a departure from the… …, several other high-profile scandals rocked the nation. Accounting Fraud in Asian Companies 235 References: Japanese tycoon resigns in… …Koyanagi found hanged, www.japanaddicted.com, February 20, 2005 Japanese mogul arrested for fraud, www.news.bbc.co.uk, March 3, 2005 Japan arrests former… …world’s richest person over fraud, People’s Daily Online, March 3, 2005 Japan Arrests Rail Tycoon in Insider Trading Case, The New York Times, March 4… …, 2005 Koizumi supporter arrested on fraud charges, Times Online, March 4, 2005 Tsutsumi held over Seibu share scam, insider trade, The Japan Times…

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  Case 6: Bausch & Lomb (1994)

  Prof. Dr. Klaus Henselmann, Dr. Stefan Hofmann

  …estimates indicated that it might take some dis- tributors up to two years to sell the SVS lenses that CLD management was expect- Accounting Fraud in U.S… …After the scheme was discovered, company management replaced all Hong Kong personnel that it held responsible for the fraud. There was no evidence that… …Accounting Fraud in U.S. Companies 51 Case 6: Bausch & Lomb (1994) In the early 1990s, Bausch & Lomb, Inc. was a respected American company… …date. The accounting scandal led to the departure of several CLD executives, and it severely tested inves- Accounting Fraud in U.S. Companies 53… …received an anonymous letter from a group of concerned APD employees asserting the fraudulent booking of sales by local management. In response, a Bausch &… …“refreshed” with the aid of APD personnel who manually altered the computer-generated aging reports. Accounting Fraud in U.S. Companies 54… …down the line to make the numbers. The Commission’s view is that senior management has to be especially vigilant where the pressure to make the numbers… …: Financial Shenanigans – How to detect accounting gimmicks and fraud in financial reports, 2nd edition, Boston 2002, p. 89 Securities and…

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