WorldCom Fraud Financial analysis
FINANCIAL ANALYSIS WorldCom’s improper accounting was mainly in two forms: 1. Report reduced line cost This served the purpose of reporting the line costs to 42% of the revenues, whereas in reality the line costs were much above 50%. This allowed Ebbers’ to report double digit growth(inflated). Line costs, during 1999 – 2001, were reduced via 1. Release of improper accruals (amount set aside to pay anticipated bills). 2. Capitalisation of line costs (recording cost as an asset rather than an expense). Release of improper accruals was done in three ways: · Using accruals without checking for excess available. · Using accruals meant for other expenses. · Releasing accruals in the period that it did not belong to, i.e. used them as emergency funds for personal gains. o (The reduction to line costs by accrual release, capitalisation, etc is shown in appendix B) o (The reduction to line costs by accrual release, capitalisation, etc as a percentage of total line cost is shown in appendix C) By capitalising operating costs, WorldCom shifted the high operating cost (line cost) from its income statement to its balance sheet. This increased its pre-tax income and earnings per share(EPS). The capitalized line costs in the first and second quarters of 2001 had been booked in “Construction in Progress”. In August, however, employees in Property Accounting transferred the capitalized line cost amounts out of Construction in Progress and into “in-service asset accounts” as some auditors had expressed interest in reviewing the former account. 2. Exaggerate reported revenues When market conditions deteriorated during 2000 and 2001, most companies in telecom sector reported reduced growth but WorldCom being a growth oriented company, reported same levels of growth (double digit growth). Due to pressure from CEO, the employees made false, fudged entries as revenues as and when they could. During investigation, SEC found hand written notes calculating the difference between desired and actual revenue(monthly) and appropriate(matching) entries were found in the books. Most of these fudged entries of revenues were made in the “Corporate unallocated revenue” account. These entries were recorded mostly after the end of the quarter and not during the quarter, suggesting these were adjusting entries. Also, these entries were always in round figures i.e. in millions or tens of millions. o (The extent of corporate unallocated account in which the revenues were shown falsely is shown in appendix E) 3. Other accounting issues Though in a small proportion, Accounting personnel improperly reduced three other categories of expenses; selling, general and administrative costs(SG&A), depreciation and income taxes. o (Summary of improper income statement amounts is shown in appendix A) CASE LEARNING 1. Ratios help detect accounting scandal These tests(ratios) do not indicate a fraud, but, indicate weak and accounting and give hints of financial trouble. · Accounts receivables growth versus sales growth: if accounts receivables grow faster than sales, then it means company is extending credit to customers who are not paying or has aggressive revenue recognition policy. Ideally this ratio should be negative, as it indicates that company is generating cash form its operations. · Property, Plant and Equipment (PPE) as a percentage of total assets: This ratio should be fairly stable over time. Spike in any direction indicates something is amiss. For example, a large spike indicates that a company is capitalising routine maintenance cost, as was the case in WorldCom. · Operating cash flow versus earnings per share(EPS): This ratio should be relatively stable over time and be negative. GAAP allows companies to match expense with revenue, when it is earned. Inventory cost is recorded as an expense when it is sold and not when it is bought. This reduces volatility. This causes the cash flow to decline with no change in earnings. Hence there is a difference between cash flow and EPS, but it should converge with time, as the sale is made. This property is used to detect health of organization. If EPS consistently exceeds operating cash flow, it indicates poor earning quality. Such companies make poor investments. There are other ratios which help detect fraud and accounting health of an organisation. Such warning signs do not necessarily indicate fraud, but show the health of the company and reflect on their poor performance. o (Effect and extent of capitalisation of operating costs is shown in appendix D)
WorldCom (USA mobile operator) Fraud
CASE SUMMARY WorldCom was a provider of long distance phone services to businesses and residents. It started as a small company known as Long Distance Discount Services (‘LDDS’). What happened Due to acts of CEO Bernie Ebbers, there were inflated assets by $11 billion, leading to 30,000 lost jobs and $180 billion in losses for investors. Methodology Underreported line costs by capitalizing rather than expensing, and inflated revenues with fake accounting entries. WorldCom’s internal auditing department then discovered what a loss of $3.8 billion Result Ousting of CEO and filing for Chapter 11(Bankruptcy). FLOW OF EVENTS Early 2001 WorldCom shows signs of financial troubles: rates and revenues decline and debt rises. July 2001 WorldCom receives $2.65 billion in loans from 26 banks to be repaid by the end of 2001. Apr. 30, 2002 Bernard Ebbers resigns as CEO of WorldCom and is replaced by vice chairman John Sidgmore. Jun. 25, 2002 CFO Scott Sullivan is fired after improper accounting of $3.8 billion in expenses covering up a net loss for 2001 and the first quarter of 2002 is discovered. Jun. 28, 2002 WorldCom fires 17,000 employees to cut costs. Jul. 21, 2002 WorldCom files for reorganization under Chapter 11 Bankruptcy, an action that affects only the firm’s U.S. operations, not its overseas subsidiaries. Aug. 9, 2002 Continued internal investigations uncover an additional $3.8 billion in improperly reported earnings for 1999, 2000, 2001, and the first quarter of 2002, bringing the total amount of accounting errors to more than $7.6 billion. Nov. 8, 2002 WorldCom files additional bankruptcy petitions for 43 of its subsidiaries. Nov. 15, 2002 Michael D. Capellas, former president of Hewlett-Packard Company, is named chairman and CEO. Mar. 14, 2003 WorldCom announces that it will take one-time $79.8 billion write-off. May 19, 2003 WorldCom agrees to pay investors $500 million to settle civil fraud charges. Jul. 7, 2003 A federal judge approves a $750 million settlement between WorldCom and federal regulators. Jul. 31, 2003 The General Services Administration notifies WorldCom that it is ineligible to win new federal contracts until it improves accounting controls. Aug. 6, 2003 A bankruptcy judge approves a $750 million settlement of civil fraud charges made by the Securities and Exchange Commission on WorldCom investors' behalf. Aug. 12, 2003 WorldCom appoints former AT&T Corp. executive Richard R. Roscitt as its new president and chief operating officer. Dec. 22, 2003 Federal prosecutors say they intend to show that former CFO Scott Sullivan was involved in 13 kinds of accounting fraud in addition to financial wrongdoing Jan. 7, 2004 The government lifts the suspension that prevented WorldCom from receiving new federal contracts. Apr. 20, 2004 MCI officially emerges from bankruptcy, 21 months after filing the largest Chapter 11 case in history. May 10, 2004 MCI says it will eliminate 7,500 jobs (15 percent of its workforce). Feb. 14, 2005 Verizon Communications Inc. announces a $6.75 billion deal to buy MCI Inc. Mar. 15, 2005 Former WorldCom CEO Bernard J. Ebbers is found guilty of conspiracy, securities fraud, and making false filings with regulators. He is sentenced to 25 years in prison. Aug. 11, 2005 Former CFO Scott Sullivan is sentenced to five years in prison.
ANTI TRAFFICKING BILL NECCESSARY
With the alarming rate of modern slavery, there is a heated debate on whether it is required to introduce a new bill or the one that is in existence is sufficient. Whatever be the matter, the govt has to take stringent measures in this regard in order to free our country that is plagued by human trafficking.
Case- Solomon Girma
Case- Solomon Girma The involvement of national courts is essential to the overall effectiveness of arbitration, both in domestic and international level. However, anti-suit injunction as an instrument of terminating or staying arbitral proceeding, the relationship of national courts and arbitral tribunals are vary between forced cohabitation and true partnership. Moreover, a marked increase of anti-suit injunctions issued by both Arbitral Tribunals and National Courts has been seen recently. This thesis, therefore, identifies the power of both national courts and arbitral tribunals towards issuing anti-suit injunction in international arbitration. In addition, compatibility of anti-suit injunction with the general purposes and principles of international arbitration have been critically scrutinized. Furthermore, the legal effect of anti-suit injunction in international arbitration is addressed in detail. Finally, after a profound analysis on the above three areas of controversies in international commercial arbitration, the thesis argues that since anti-suit injunction is a new trend in international arbitration, both National Courts and Arbitral Tribunals should always exercise this power with due care because their effects may be more harmful than the problem they are seeking to resolve it. Key Words: Anti-suit Injunction, Judicial Intervention, International Arbitration.
Conditions and Warranties
Meaning of Conditions & Warranties 1.Condition: According to Section 12(2), a condition is a stipulation essential to the main purpose of the contract, the breach of which gives a right to repudiate the contract. 2. Warranty: According to Section 12(3), a warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives a right to a claim for damages but not a right to reject goods and to treat the contract as repudiated. Whether a stipulation in a contract of sale is a condition or a warranty depends, in each case, on the construction of the contract. A stipulation may be a condition, though called a warranty in the contract