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Chapter 8 – Sarbanes-Oxley, Internal Control, and Cash
ACTG 2110 Chapter 8 – Sarbanes-Oxley, Internal Control, and Cash
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Sarbanes-Oxley Act of 2002 Enron, Worldcom, Tyco, Xerox, Adelphia and many more companies suffered massive corporate scandals, losing billions of dollars of shareholder value Worldcom lost $11 billion; the largest corporate fraud in history. CEO Bernard Ebbers was found guilty of all nine counts on March 15, He is currently serving a 25 year sentence.
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Sarbanes-Oxley (SOX) Act of 2002
President Bush signed SOX into law on July 30, 2002. Imposes new responsibilities on companies and their executive staffs Imposes significant penalties for non compliance by executives, auditors, attorneys and securities analysts.
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Corporate Responsibility
CEO and CFO must certify annual and quarterly reports delivered to the SEC It is unlawful for companies to provide misleading or untrue information about the company to the accounting firm performing an audit for the company Mail and wire fraud penalties have been increased from five to twenty years in prison It becomes a CRIMINAL OFFENSE for corporate officers to certify financial reports they know do not comply with SOX. Fines imposed up to $25 million for violations of the Securities Exchange Act of 1934
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Enhanced Financial Disclosures
Annual reports must now include an internal control report The effectiveness of the company’s internal controls must be reported Companies must reveal if they have adopted a code of ethics for their senior financial officers and if the audit committee includes at least one “financial expert”.
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Internal Control The organizational plan and all the related measures than an entity adopts to accomplish four objectives: Safeguard assets and use for business purposes Ensure accurate, reliable accounting records Encourage employees to follow company policy and comply with laws and regulations Promote operational efficiency
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Guidelines for Achieving Strong Internal Control
Competent, reliable, and ethical personnel Good to rotate duties if possible Make vacations mandatory Establish clear lines of responsibility Have routine procedures for processing each type of transaction Separation of duties Separation of operations from accounting Separation of the custody of assets from accounting
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Guidelines for Achieving Strong Internal Control
Internal and external audits Have proper business documents and records Electronic devices and computer controls Physical controls Fidelity bonds
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Limitations of Internal Control
Collusion – two or more people work together Fraud Employee fraud Principles discussed earlier Ethics training Train employees to recognize fraud Make it easy for employees to report fraud without fear of retribution from their supervisors or coworkers Have an employee hotline Management fraud Management needs to have better ethics Should have to follow the same rules and controls as their employees do DO NOT TRUST ANYONE!!!!!!!!!
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Fraudulent Schemes Asset Misappropriation Corruption Schemes
Expense reports Non-existent employees (look for no taxes or FICA deductions, check for duplicate social security numbers) Fake invoices Corruption Schemes Kickbacks Fraudulent statements Recording expenses as assets Early revenue recognition Outright distortion (recording inventory when you don’t have it)
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Fraud Triangle Incentive pressure – incentives or pressures on management to misstate financials Opportunity – circumstances present that allow for misstatement Attitude/Rationalization – an attitude, character or set of ethical values that allow persons to commit or rationalize committing a dishonest act WHEN THESE THREE EXIST, THE DOOR IS OPEN FOR FRAUD!!!!!
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KPMG’s Fraud Survey 2003 75% of surveyed companies had experienced fraud Employee fraud was most prevalent Financial reporting fraud and medical/insurance fraud are the most costly Types of fraud Theft of assets 49% Check fraud 40% Expense account abuse 36% Credit card fraud 20% Payroll fraud 12% Conflict of interest 12% Inventory theft 11% Kickbacks 9% Financial reporting fraud 7%
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KPMG’s Fraud Survey 2003 Averages
Overall internal fraud costs $600 billion a year or $4,500 for every worker. Costs of particular types of fraud: Financial Reporting Fraud $258M Medical/Insurance Fraud $34M Consumer Fraud $2.8M Vendor-related fraud $759K Employee fraud $464K Misconduct $432K Computer crime $67K
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KPMG’s Fraud Survey 2003 Factors contributing to fraud:
49% Collusion between employees and third parties 39% Inadequate internal controls 31% Management override of internal controls 15% Collusion between employees and management 12% Lack of control over management by directors 11% Ineffective or nonexistent ethics or compliance program
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KPMG’s Fraud Survey 2003 Warning signs: Unexplained losses
Poor internal controls Decline in employee morale Change in employee lifestyle Unusual expenditures Internal audit findings being ignored
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KPMG’s Fraud Survey 2003 How fraud detected: 40% Internal controls
35% Specific investigation 34% Employee tip 29% Internal audit procedures 18% By accident 9% Member tip
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KPMG’s Fraud Survey 2003 Preventative Actions Taken/Planned
Improve existing internal controls Segregate critical duties Investigate employees Bond employees Train management Strengthen code of ethics
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Cash Controls over Cash
Cash Management Control of Cash Receipts Separate the functions of cash handling and recordkeeping Create a control listing of cash receipts Make daily deposits into the bank Reconcile daily deposits with control listings Control of Cash Payments Use a checking account with pre-numbered checks Approve all expenditures before payment is made Use a voucher system Separate the functions of approving expenditures and signing checks
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Bank Checking Accounts
Control features Reconciling a Bank Account Bank statement Differences between bank statement and accounting records Procedures for reconciling a bank account Deposits in transit Outstanding checks NSF Checks Bank charges Bank receipts Errors
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Petty Cash Funds Cash fund set up for small purchases
Make journal entry to set up the fund: Petty Cash XXX Cash XXX Have petty cash vouchers for every expenditure made Total of vouchers + cash remaining in fund must equal the amount for which petty cash was set up To replenish petty cash, record the expenditures from the vouchers, do not debit petty cash (only to increase the fund.)
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