Satyam - The Tiger of India
I. Background
Several years after Enron and its subsequent landmark regulation Sarbanes-Oxley, significant frauds in the corporate environment are still occurring. Throughout all of the major corporate frauds committed over the past 15 years, the underlying red flags and symptoms are the same. Internal controls are being overridden without regard, CEOs are manipulating the financial statements to meet analyst financial metrics and corporate cash coffers are being raided for personal use. Well respected audit and oversight firms are jeopardizing their reputations by consistently missing the obvious while C-level perpetrators are escaping harsh prosecution.
Satyam Computer Limited is one such firm in India. The
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There was such obvious and blatant fraud occurring at many levels in the firm. This paper will provide a high level overview of the types of fraud while providing a fraud audit program for a specific type of fraud.
It is important to note several key factors that contribute to the corporate debauchery occurring in India. Most notably, the Indian accounting profession is self-regulated. “India, by sticking to the self-regulatory model, is set up for market failure. (livemint.com) As capitalism is to America, lack of regulation is to India with subsequent effects of corruption. Business in India, regardless of industry, is replete with corruption and bribery. Not surprisingly these nefarious ideals found their way into the corporate governance of Indian firms and filter down into the day to day business operations.
License Raj, a colloquial term coined in the late 1970s, indicates a period in which to establish a business and obtain necessary operating permits, owners are required to pay bribes to government officials. ( Per Audit TEXT)
Satyam experienced explosive growth and outpaced other firms in the industry from 2003-2008. According to the journal article Corporate Accounting Fraud: A Case Study of Satyam Computers Limited, Satyam realized 35% annual growth where the industry standard was 6.4%. The article also indicated Satyam had 40% earnings-per-share growth and
Between the years 2000 and 2002 there were over a dozen corporate scandals involving unethical corporate governance practices. The allegations ranged from faulty revenue reporting and falsifying financial records, to the shredding and destruction of financial documents (Patsuris, 2002). Most notably, are the cases involving Enron and Arthur Andersen. The allegations of the Enron scandal went public in October 2001. They included, hiding debt and boosting profits to the tune of more than one billion dollars. They were also accused of bribing foreign governments to win contacts and manipulating both the California and Texas power markets (Patsuris, 2002). Following these allegations, Arthur Andersen was investigated for, allegedly,
India’s domestic business has seen high levels of corruption; more commonly the fraudulent behaviours and bribery of government officials and civil servants. This creates an unlevel playing field between domestic business and foreign business. Evidently this seemingly small issue of corruption could potentially tarnish India’s position as favoured destination of foreign investment (Mendiolaza, 2012).
The word “fraud” was magnified in the business world around the end of 2001 and the beginning of 2002. No one had seen anything like it. Enron, one of the country’s largest energy companies, went bankrupt and took down with it Arthur Andersen, one of the five largest audit and accounting firms in the world. Enron was followed by other accounting scandals such as WorldCom, Tyco, Freddie Mac, and HealthSouth, yet Enron will always be remembered as one of the worst corporate accounting scandals of all time. Enron’s collapse was brought upon by the greed of its corporate hierarchy and how it preyed upon its faithful stockholders and employees who invested so much of their time and money into the company. Enron seemed to portray that the goal of corporate America was to drive up stock prices and get to the peak of the financial mountain by any means necessary. The “Conspiracy of Fools” is a tale of power, crony capitalism, and company greed that lead Enron down the dark road of corporate America.
Corporations around the world have exhibited ethical business practices. However, some corporations gave into unethical business practices such as fraud, dishonesty, and scams. One particular dishonest act that remained common amongst companies such as Enron, WorldCom, and Tyco was the fabrication of financial statements. These companies were reporting false information on their financial statements so that it would appear that the companies were making profits. However, those companies were actually losing money instead. Because of these companies’ actions, the call to have American businesses to be regulated under new rules served as a very important need. In 2002, Paul Sarbanes from the Senate and Michael G. Oxley from the House of Representatives created what is now known as the Sarbanes-Oxley Act of 2002.
Some can say that the Sarbanes-Oxley Act of 2002 is working while some say that there still ways to get around to committing corporate fraud. Washington wants to crack down on corporate fraud so they came up with the Sarbanes-Oxley Act in 2002 that was designed to protect the interest of investors. “The Sarbanes-Oxley Act established oversight of public corporate governance and financial reporting obligations and redesigned accountability and ethics standards…” (Ferrell, O., Hirt, G., & Ferrell, L., 2009). The act was an important stepping-stone in the right direction especially when responding to the financial scandals of Enron and WorldCom. Those scandals shook customer’s faith and confidence in corporate management of private organizations.
Fraudulent, erroneous, and illegal acts committed by a public company, usually at a managerial or executive level, have been a very serious problem for many years and have prompted development of strict and updated regulations, such as the Sarbanes-Oxley Act, in an attempt to prevent these occurrences. Unfortunately, these new or updated regulations are not enough to prevent these acts from happening, thus not alleviating the auditors of their responsibility to detect fraud. Some methods that management and auditors can employ to prevent and detect fraud, errors, and illegal acts are: improving knowledge, improving skills,
As the WMI accounting fraud case shows, change exposes organizations to considerable financial fraud risks. The top officials used acquisitions and merger as means to perpetuate this fraud. This financial fraud took place due to the organizational breakdown of internal and external audit controls. As a result, the top management was able to commit this massive fraud without facing any resistance. It never occurred to them that they were violating the law because what mattered to them was pocketing as much as they could.
Unfortunately, scandals like Enron are not isolated incidents and the last decade has offered Americans a disheartening perspective with comparable scandals like that of WorldCom and Tyco, Sunbeam, Global Crossing and many more. Companies have a concrete responsibility not just to their investors but to society as a whole to have practices which deter corporate greed and looting and which actively and effectively work to prevent such things from happening. This
For these reasons, corporate financial accounts do not provide accurate or sufficient information to corporate managers, investors, or regulators. This leads us to recommend that the SEC allow each stock exchange to set the accounting standards for all firms listed on that exchange and to promote the development of industry-specific non-financial accounts to complement the financial accounts (After Enron 53). The most important lesson of the Enron collapse is that every link in the audit chain including: the audit committee and the board, the independent public auditor, the bankers and lawyers that aided and abetted the misrepresentation of Enron’s financial condition, the credit-rating agencies, and the Securities and Exchange Commission failed to deter, detect, and correct the conditions that led to that collapse. Although not a part of the formal audit chain, most of the market specialists in Enron stock and the business press were also late in recognizing Enron’s financial weakness (Corporate Aftershocks 12).
The perfect fraud storm occurred between the years 2000 and 2002 involving two of the largest energy and telecom corporations in the United States: Enron and WorldCom. It was determined that both organizations fraudulently overstated assets, created assets from expenses or overstated revenues, costing investors billions of dollars and resulting in both organizations declaring bankruptcy (Albrecht, Albrecht, Albrecht & Zimbelman, 2012). Nine factors contributed to fraud triangle creating this perfect fraud storm, and assisting management in concealing the fraud until exposed and rectified.
Corruption is a complex political, social, and economic anomaly that negatively affects developing and developed countries. It weakens democratic institutions, holds economic development, widening the rich-poor gap and certainly leads to governmental instability. The World Bank definition of corruption states that “…the abuse of public office for private gain”.
Most of the world has heard of Enron, the American, mega-energy company that “cooked their books” ( ) and cost their investors billions of dollars in lost earnings and retirement funds. While much of the controversy surrounding the Enron scandal focused on the losses of investors, unethical practices of executives and questionable accounting tactics, there were many others within close proximity to the turmoil. It begs the question- who was really at fault and what has been done to prevent it from happening again?
For every argument, relevant and sufficient references were provided. The purpose of the author was to explain how bribery was involved in all of the businesses operated in India, and how this affects the people, business and their government. The author’s idea is stated, then elaborated upon so that the reader can visualize and build their own perception and to be able to interpret and understand the bribery in India, and to a conclusion that India’s state of bribery was serious, unfair and non-transparent.
There are many sources of generation of black money and some of them are legal means and the others are illegal means. Practices such as weapon trading, terrorism, selling of counterfeit or stolen goods are some of the main illegal means. Where corruption is concerned, black money is earned through giving and taking of bribes by public officers.. Apart from this, the politicians and political parties take bribes from foreign companies and invest it in tax havens to transfer it to india when needed. It is also generated through evasion of taxes by hiding the income from public authorities. Commercial sector also generates a huge sum of black money by creating an imbalance between exports and imports by under-invoicing exports and over-invoicing imports from countries like Singapore, UAE, and Hong Kong etc. The figure bellow shows manipulations of accounts for tax evasion.
Tyco International, a company started as research lab eventually became a billion dollar enter-prise through successive financial strategies. In 2002 Tyco came under headlines when it was accused of fraudulent accounting practices. As it turned out, this whole scandal was true the company was ripped off of $600 million by the CEO and CFO. Trials conducted penalized the corrupt and Tyco ended up paying $2.29 billion to its defrauded shareholders.