Re: [OPE-L] old books and new books

From: tony tinker (tony.tinker@GMAIL.COM)
Date: Tue May 30 2006 - 10:34:21 EDT


>
>
> *ENRON RIP?*
>
>
>
>             Let's take a moment's silence, to mourn over the corpse of the
> Enron finale -- and ponder its accounting significance.
>
>
>
>             First, many colleagues have, over the years, pleaded with
> progressive accountants to give them a clear answer to a simple question,
> "How do we find the dead  bodies buried in financial statements?"  In
> Enron, we see why there is not straightforward: Enron's accountants,
> auditors and consultants (KPMG and Arthur Andersen) buried bodies elsewhere
> (in Special Purpose Entities called SPE's).
>
>
>
>             Parking your problems elsewhere is a time--honored accounting
> ruse, which falls with a family of disappearing tricks, variously referred
> to "off-balance" accounting, two-sets of books, private slush funds, etc.
> These are devices for 'disappearing' high-risk investments, heavy
> borrowings, substantial losses, and slush fund payments in legal entities
> "outside" of the financial statements of entities like Enron.  Hence, our
> usual 'statistics of performance' for assessing firms like Enron are
> rendered meaningless, because their financial statement have been
> washed-clean of any trouble.  The practice has been blessed by the
> accounting firm's trade-association institutions (the Financial Accounting
> Standards Board, AICPA, etc) with the acquiescence of the SEC.  Insider
> investors (Lay, Skilling, et. al) who knew the "real" condition of the firm,
> not only had an "edge" over outside investors (who continued to be suckered
> with the false information) but they could profit handsomely at the expense
> of these victims, by continuing to balloon the deceit (with the full
> authority of the "independent" auditing profession).
>
>
>
>             A couple of corollaries are likely to pass unacknowledged by
> the media: First: the court rejected the defense that the defendants abided
> by accounting rules (bolstered by the testimony of at least one academic
> apologist, Professor Jerry Arnold from USC).  Indeed, the court's decision
> showed that following the accounting firms "self-made" rules, was no defense
> at all.  Academic apologists take note.
>
>
>
>             Second, Enron-like disappearing tricks are not new, and are
> alive and well. The 1977 Foreign Corrupt Practices Act, was an attempt to
> force the disclosure of hidden slush-funds used to bribe officials; bribes
> that destabilized the governments of our trading partners (Japan,
> Netherlands, Italy, etc).  Over time, the enforcement of this legislation
> lapsed.
>
>
>
>             Off-balance sheet practices are pervasive today: the Federal
> Government uses them to understate the federal deficit (social security for
> instance).  Even colleges like my own Baruch College, funded by tax-levied
> monies, are on the game.  For instance, Baruch (a CUNY entity) uses a
> privately registered entity,  Baruch College Fund, to supersize the
> salaries of select faculty. Baruch's own SPE takes removes the college from
> the Freedom of Information Act requirements.  It is more difficult to
> obtain salary information from this public institution than tapes from a
> Nixon Whitehouse.
>
>
>
>
>
> Professor Tony Tinker
> Co-Editor: Critical Perspectives on Accounting
> Co-Editor: The Accounting Forum
> Fellow of the Association of Chartered Certified Accountants
> Baruch College at the City University of New York
> Box B:12:236
> One Baruch Way
> New York, NY 10010-5585
> USA
> Email:  Tony_Tinker@baruch.cuny.edu
> Tel: 646 312 3175
> Fax: 646 312 3161
> CPA 2005 Conference:
> http://aux.zicklin.baruch.cuny.edu/cpa2005/
> Editorial Office:
> http://www.baruch.cuny.edu/research/editorial_offices.htm
> Blog on Baruch College:
> http://evaluatingbaruchcollege.blogspot.com/
>


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