India’s Enron

Corporate fraud 13 Comments

At the start of this year, I outlined my intention to devote more discussions toward positive and uplifting topics.

Furthermore, as a former member accountant, the integrity and reputation of the accounting profession is a matter which I feel strongly about.

For both of these reasons, I take absolutely no pleasure whatsoever in writing about yet another financial scandal, particularly one which involved a blatant breach of ethical duties from the world’s largest accounting firm.

 
Auditors receiving excess fees for looking the other way
The sorry scandal, which has been dubbed ‘India’s Enron’, involved Indian outsourcing services company, Satyam Computer Services, and their auditor, PricewaterhouseCoopers (PWC), the largest accounting firm in the world.

In short, a charge sheet filed in court last week by the Central Beareau of Investigation, the top investigation agency in India, alleges that:

(1) the accounts of Satyam were falsified over a period of several years, with both sales and profits being overstated as a result of the creation of forged sales invoices; and

(2) PWC certified the accounts of Satyam as being true and correct (in spite of the inflated sales figures), in return for which the firm recieved an exorbitant level of fees, which were well in excess of the standard rete for audit services.

(In total, the charge sheet alleges that 7,561 false invoices were generated. The result was an overstatement of sales figures by an average of eighteen per cent each quarter from the period spanning April 2004 until the fraud was discovered in January this year (refer article).

The scandal came to light in January, following an acknowledgement by company chairman Ramalinga Raju that company accounts had been falsified)

 
Just what the audit profession didn’t need
This is exactly what the audit profession did not need.
Still reeling from Enron and other accounting scandals earlier this decade, it was always going to take years for the profession to regain the trust and respect of the global investment community, let alone that of the general public.

In this regard, the profession is not doing particularly well right now. The Madoff scandal was damaging enough, but having the largest accounting firm in the world mixed up in a scandal like this is simply devastating.

(From an audit point of view, The Madoff affair involved a significant lack of professionalism on the part of the firm responsible for the audit of the fund. That firm employed only one qualified accountant and should never have accepted responsibility for a project well beyond its capacity to handle properly)

 
A few bad apples spoil it for the rest
From a personal perspective, I must say that when I previously worked in the accounting profession, the auditors with whom I dealt conducted themselves in a diligent and responsible manner at all times, and their manner reflected a very high level of professional integrity.

I am confident that the same could be said for the vast majority of those employed within the audit profession.

But an industry or profession is judged by the behavior of its leading firms. In this regard, the conduct of the ‘big four,’ accounting firms is particularly crucial, and any scandal which rocks one of these firms reflects badly upon the entire profession.

This is especially the case with PWC, the largest of the big four.

In years to come, I certainly hope that the audit profession is able to regain the trust and respect not only of the global investment community but also the broader general public as well. The same can be said with regards to the broader accounting profession.

The honest and diligent majority who work within the profession deserve nothing less.

13 Responses to “India’s Enron”

  1. Brad Shorr Says:
    April 28th, 2009 at 8:32 pm

    Wow, this is terrible, Andrew. If you can’t trust an accounting firm, who can you trust? The Enron scandal really hit home with me, because there was an enormous Arthur Anderson training facility near our home. When the scandal broke, thousands lost their jobs, including many of our neighbors. It was devastating. The pain and suffering caused by these “white collar” crimes are horrific. No doubt here, many innocent people will be hurt – and for what?

    Brad Shorrs last blog post..Online Marketing Is Creepy

  2. Andrew Says:
    April 29th, 2009 at 7:26 am

    Brad,

    Too right, there are real consequences for real people when an audit firm fails to perform it’s duties, especially where it results in bankruptcy.

    In this case, the scandal hurt shareholders very badly but the impact upon staff may not be too disastrous. Satyam, from what I understand, has since been acquired (still subject to regulatory approval). Apparently, the sale price was a great deal lower than the price at which the shares were trading prior to the breaking of the scandal (I’m not sure about exact numbers), and shareholders were forced to accept a very significant loss on their investment.

    But I’m not sure about the impact upon company operations or upon the employment prospects for the staff. These will obviously depend upon the intentions of the new owner.

    I don’t think that the new owner is planning anything too drastic in terms of operational changes, but I’m not certain about this.

    Also, I don’t think that this will in any way jeopardize the survival of PWC, so I don’t think that we will see anything near the impact in terms of job losses in the accounting profession like we did with Enron.

    Andrews last blog post..India’s Enron

  3. Fred H Schlegel Says:
    April 29th, 2009 at 10:46 am

    I thought after the Enron affair these firms were learning to be more careful and learning not to take anyone at their word. (Trust but verify?) Anderson had such a great reputation here in Chicago. Stories about how the firm made it’s name by refusing to sign off on books, even at the risk of losing huge business. And there is a story of how an accountant at Arthur Anderson years ago went to the trouble to actually count the brick inventory in a factories back lot… and found a huge discrepancy. Somewhere along the line it feels as if the accounting firms have allowed their clients to make things so complicated it is almost easy to hide facts and inflate figures.

    In addition to job losses, back then accounting firms were open ended partnerships – so as the firm failed, partners actually had all their personal assets at risk as well as their jobs. I don’t know if that is still the way things work around here.

    Fred H Schlegels last blog post..Physics and Ideation: Creativity and Mismatched Socks

  4. Andrew Says:
    April 29th, 2009 at 1:31 pm

    Hi Fred,

    I am not certain about the American situation, but I am fairly certain that the situation you describe still applies in my home country of Australia today, whereby partners of an accounting firm are unable to use a corporate structure as an effective shield against their personal assets.

    Instead, the vast majority of partners take out professional indemnity insurance to cover themselves from litigation.

    I’m sure that the majority of auditors and audit firms exercise an appropriate level of diligence whilst in the process of performing their duties. No doubt the same could have been said about the vast majority of partners and staff at Anderson, and I would be certain that the same would apply today for the majority of those at PWC.

    You would think, given the risks in terms of reputation and litigation, that audit firms would refuse to sign off on financial reports unless they were completely comfortable that such reports were free of material misstatement.

    Unfortunately, as the above example clearly demonstrates, this is not always the case.

    Andrews last blog post..India’s Enron

  5. tom Says:
    April 29th, 2009 at 8:51 pm

    It’s interesting to see how both parties participated in this and really maybe I don’t understand but what is the benefit of doing this?
    The only ones I see is increasing their share value to get more investors.

    Also, how exactly did it come to the point that someone said wait, their statements have inflated sales figure, do you know?

    toms last blog post..#8 That’s embarrassing:”sorry, your card was declined”

  6. Andrew Says:
    April 29th, 2009 at 10:08 pm

    Hi Tom,

    I’m not exactly certain about this. I know that the scandal hit the media after the Chairman acknowledged the fraud and resigned, but I am not exactly certain about the circumstances which led to the acknowledgement.

    You raise a good question in terms of the beneficiaries of this scandal. As I understand it, Satyam itself was the main beneficiary (at least in the short run), and the company apparently felt that the inflated sales figures would help to attract prospective investors, customers and staff.

    From the viewpoint of the auditors (PWC), I am not particularly certain whether or not they knew that the invoices were false and continued to certify the accounts anyway, or whether they were just simply plain incompetent. It will be interesting to see what the courts decide on this matter.

    Whatever the case, they were paid fees in excess of what was considered to be the standard market rate in India for audit services, and so were no doubt very keen to retain Satyam as a very good paying client.

    Andrews last blog post..India’s Enron

  7. tom Says:
    April 29th, 2009 at 10:51 pm

    Well I would imagine the benefit for PWC was the pay they or extra incentive they got.

    And really, if a company is that big like PWC, they can pull the strings to make the situation less then it really is. Meaning they can get away with it but it doesn’t mean they will always get away with it because it will eventually catch up to them.

    toms last blog post..#8 That’s embarrassing:”sorry, your card was declined”

  8. Giovanna Garcia Says:
    April 30th, 2009 at 7:33 am

    Hi Andrew
    Once again, another great post.
    I enjoy your work, keep spreading your message.
    Giovanna Garcia
    Imperfect Action is better than No Action

  9. Andrew Says:
    April 30th, 2009 at 10:03 pm

    Tom,

    Right on – they got caught in the end and not only are they facing the prospect of hefty legal penalties as a result of this saga, but considerable damage has been done to the reputation of the firm on a worldwide basis as a result.

    Giovanna,

    Thanks. Will do.

    Andrews last blog post..India’s Enron

  10. Fred H Schlegel Says:
    May 1st, 2009 at 10:28 am

    Andrew, I think auditors probably fall under the same competitive pressures as everybody else. Truth is ‘counting bricks’ costs a lot of money. I think the auditors thought they were doing everything possible, but in today’s world it seems a bit too easy to hide fraud.

    Fred H Schlegels last blog post..Physics and Ideation: Customer Entanglement

  11. Andrew Says:
    May 1st, 2009 at 6:46 pm

    Hi Fred,

    It would not be realistic to expect auditors to pick up every financial fraud. As you say, fraud can be deliberately hidden and audit firms, which have to work within a budget if their services are to be provided on a cost competitive basis, are bound to some degree by constraints relating to staff time and resources.

    However, on this occasion, from my understanding, PWC does in fact stand accused (by India’s regulator, the Central Bureau of Investigation) of knowingly certifying accounts which were fraudulent.

    It will be interesting to see what the courts have to say, but from my understanding, the issue in this case is not a failure on behalf of the auditors to detect fraudulent activity, but rather of the auditors signing off on accounts which they knew were false.

    Andrews last blog post..India’s Enron

  12. Ana Says:
    May 2nd, 2009 at 5:26 am

    Andrew,

    Positive and uplifting topics are so often less interesting. I would hope you continue covering complex issues that make people think. It’s more fun!

    I can’t speak about the accounting branches in India and this is a pretty blatant case, but I do work with the big CPA firms in the US. In the past, I’ve been audited myself. Since Enron, I think some things have changed, but not a lot. Part of the problem is the drive for profit. A lot of these firms offer auditing services as well as professional consulting services, such as tax shelter planning, estate planning, etc. The former is where a lot of the big money is, not the actual auditing. I believe there is greater separation of the two, particularly following the fall of Arthur Anderson, but there is still pressure to keep clients. It may be hard to offer consulting services if you fail a client on their audit. Also, if you fail them on that audit, they may choose to simply go to another firm and you have lost revenue.

    I don’t know how to audit the auditors, but really, these companies are offering types of financial services. They are just like law firms that thrive on billable hours and “advocating for the client” no matter what. They even have lobbyists in Washington.

    i don’t know how to maintain integrity on a companywide basis when you still have to keep bringing in the money.

    Anas last blog post..Egypt Begins Slaughtering Pigs Allegedly to Avoid Swine Flu

  13. Andrew Says:
    May 4th, 2009 at 9:19 am

    Hi Anna,

    Absolutely, the concepts of: (a) audit firms providing non-audit services to the same clients which they audit; and (b) the fact that audit firms are engaged in and remunerated by the same organization which is subject to the audit, are two commonly recognized problems with respect to the maintenance of the integrity of the audit process.

    Andrews last blog post..India’s Enron

Leave a Reply

CommentLuv Enabled
Icons by N.Design Studio. Designed By Ben Swift. Powered by WordPress and Free WordPress Themes
Entries RSS