It is widely recognised that it is important to teach ethics
in accounting education and this is adhered to in most business schools
(Cameron & O’Leary, 2015). Northumbria University is no exception to this
and so I have spent two weeks (weeks 9 & 11) learning about Contemporary
Issues in Financial Ethics. So, for my final blog, I will be looking at
financial ethics and focusing on a business case I have researched. I am sure
many of you will be familiar with the infamous case of Enron. This is the
business case I will focus on throughout this week’s blog. First, I will
briefly introduce what ethics in financial business is and different ways of
interpreting it. Then, I will give some background to the case of Enron,
looking at the events leading up to their eventual bankruptcy and the
punishments that followed. Finally, I will also look at reasons why companies
commit fraud and adopt fraudulent accounting practices because, after all, if
you want to prevent these kinds of activities you first need to understand why
it is happening.
There are two main types of ethics which apply both in
finance and in general (Van Staveren, 2007). Utilitarianism and Deontology (Van
Staveren, 2007). Utilitarianism is focused around looking after the majority.
For example, if the majority do not suffer then it is ethical (Van Staveren,
2007). Deontology is the approach that if even a single person suffers, then it
is unethical (Van Staveren, 2007). These are two very different standpoints on
what it means to be ethical and so it is difficult to measure how ethical a
company is (Van Staveren, 207).
Enron owned pipelines used for transporting natural gas and
so were able to act as an intermediary between suppliers and consumers of gas
(Healy & Palepu, 2003). Enron were concerned about the lack of barriers to
market entry and so decided to diversify their company to reduce risk and so
they extended this model to other utilities such as electricity, coal, water
and broadband to name a few (Healy & Palepu, 2003). Enron’s extremely complex
business model allowed them to take advantage of the limitations of accounting
(Healy & Palepu, 2003). Enron adopted the mark-to-market accounting
practice which allowed them to present information on their balance sheet as
estimated forecasts as opposed to actual real figures (Healy & Palepu,
2003). For example, Enron signed a deal with Blockbuster Video to introduce
entertainment on demand. Enron recorded the profits from this as $110 million
even though they hadn’t received any money yet and there were serious doubts
about the success of the project (Healy & Palepu, 2003). Enron also used
special purpose entities to make acquisitions and purchases without having to
record the debt on their balance sheet. In simpler terms, they used other companies
which were owned in some way by Enron (by an executive for example) to acquire
companies and make purchases so that the debt could be recorded on this other
companies balance sheet as opposed to Enron’s (Healy & Palepu, 2003). Other
accounting malpractices carried out by Enron led to their liabilities being
underestimated and their revenues and equity being overestimated (Healy &
Palepu, 2003). When news of Enron’s
accounting irregularities spread, their share price proceeded to drop to $0.26
at the end of 2001, a massive drop from Enron’s share price of $83.13 at the
end of 2000, and the company subsequently went bankrupt (Healy & Palepu,
2003). Jeffrey Skilling, the then chief executive of Enron, was charged with
fraud and conspiracy and sentenced to 24 years but this sentence was later
reduced to 14 years (Financial Times, 2018).
According to Wolfe and Hermanson (2004), the best way to understand
why companies commit fraud is by looking at the Fraud Diamond and the four
elements of fraud in accounting practice. The four elements of fraud are
Incentive, Opportunity, Rationalisation and Capability (Wolfe & Hermanson,
2004). Incentive and Opportunity are two elements of fraud which can easily
relate to the case of Enron. Incentive
is about a company having a reason to commit fraud (Wolfe & Hermanson,
2004). For example, Enron had to hide debt in order to maintain a positive
company image and keep share price high (Healy & Palepu, 2003). There is
opportunity if there is a fault or weakness which could be exploited (Wolfe
& Hermanson, 2004). In Enron’s case, this weakness was the mark-to-market accounting
practice as this helped them to inflate revenues and profits (Healy &
Palepu, 2003).
According to Rapoport (2009), there are lessons to be
learned from the unethical actions of companies like Enron. One of these
lessons is that structures are not enough to stop companies from committing
fraud (Rapoport, 2009). For example, Enron implemented an ethics code which
said every decision had to meet four criteria, respect, integrity, communication
and excellence (Rapoport, 2009). Yet this did nothing to prevent their
unethical behaviour (Rapoport, 2009). Other lessons which Rapoport (2009) says
we can learn from companies like Enron and their unethical behaviour is to
ensure structures are put in place on the presumption that people will try and
get around them. This will help to make sure it is difficult to ignore
structures which have been put into place to prevent ethical behaviour
(Rapoport, 2009). Another lesson to be learned is be sure to verify any
information in order to ensure the information is correct as well as checking
anything that sounds wrong (Rapoport, 2009).
To conclude, the unethical actions of Enron were dealt with
by the authorities with Jeffrey Skilling being originally sentenced to 24 years
in prison for his actions (Financial Times, 2018). However, there is still fraud
being committed and so it is important to continue to educate accounting and
finance students to prevent future companies like Enron (Cameron & O’Leary,
2015).
Reference List
Cameron, R.,
& O'Leary, C. (2015). Improving Ethical Attitudes or Simply Teaching
Ethical Codes? The Reality of Accounting Ethics Education. Accounting
Education, 24(4), 275-290. doi: 10.1080/09639284.2015.1036893
Financial Times.
(2018). As Skilling leaves prison, Enron’s old businesses are thriving |
Financial Times. Retrieved from https://www.ft.com/content/ed75c0c4-ad57-11e8-89a1-e5de165fa619
Rapoport, N.
(2009). Lessons from Enron – And why we don’t learn from them. Scholarly Works.
Wolfe, D. T.,
& Hermanson, D. R. (2004). The fraud diamond: Considering the four elements
of fraud.
Van Staveren, I.
(2007). Beyond utilitarianism and deontology: Ethics in economics. Review
of Political Economy, 19(1), 21-35.
A fantastic read Lewis! Do you think educating students in ethics would reduce levels of fraud in the future? Or would you say that punishment for white collar crimes needs to be increased as a more effective way to reduce fraudulent practice?
ReplyDeleteAfter all, Jeffrey Skilling may have been sentenced to 24 years in prison however only served 12 years of his sentence due to an early release on the basis of 'good behaviour'. If other business professionals see this lenient sentence given to white collar criminals the incentive may be bigger than the risk of punishment.
Thank you for your comment Emily. I think educating students in ethics would give them a greater understanding of the implications this may have, as well as get them thinking about ethical practice in accounting way before they secure a graduate position. However, as you rightly said, educating students on the implications of unethical practices in finance only works if the implications for those found guilty are severe enough to act as a deterrent. For this reason, I would say punishment for fraudulent activities needs to be more sever alongside the education of students in order to have a big enough impact as to reduce the number of fraudulent and unethical business cases in the future.
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