ETHICS IN FINANCE: FRAUDULENT FINANCIAL REPORTING (FFR) AT MEGAN MEDIA HOLDINGS BERHAD

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ETHICS IN FINANCE: FRAUDULENT FINANCIAL REPORTING (FFR) AT MEGAN MEDIA HOLDINGS BERHAD

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  • ETHICS IN FINANCE:

    FRAUDULENT FINANCIAL

    REPORTING (FFR) AT MEGAN MEDIA HOLDINGS BERHAD

    B Y :

    A S M A L I Y A N A J A A F A R

    I N T A N S Y A M I M I S U H A I M I

    S Y A H I R A H A M I R A M D . D I N

  • OUTLINE

    I n t r o d u c t i o n

    P r o b l e m S t a t e m e n t & I s s u e

    L i t e r a t u r e R e v i e w

    S o l u t i o n s

    C o n c l u s i o n s

  • INTRODUCTION

    Fraudulent Financial Reporting (FFR)

    Major concern for two primary regulators of

    Malaysias capital market (SC & BM)

    45% of companies worldwide have fallen

    victim to economic crime

    10% of incidents concerning white collar

    crime (ACFE)

    Transmile Berhad (2004, 2005, 2006;

    RM622 millions

    Megan Media Holdings Berhad (MMHB)

    Established in early 1994 - plastic injection

    components

    Ventured into the manufacturing of 3.5"

    multi-function disk (MFD) and videotapes

    (1996)

    1st Malaysian company received pioneer

    status from the MITI

    Second Board of the Kuala Lumpur Stock

    Exchange

  • PROBLEM STATEMENT & ISSUE

    Charged with falsifying the companys revenue figures

    Kenneth Kok - Section 122B (a) (bb) read together with Section 122C (c) of the Securities Industry Act 1983 (SIA)

    They are: RM1.03 billion - year ended April 30, 2006

    RM230.36 million - period ended July 31, 2006

    RM238.13 million - period ended Oct 31, 2006

    RM306.15 million - period ended Jan 31, 2007

  • PROBLEM STATEMENT & ISSUE

    Mohd Adam - charged with furnishing a false statement to Bursa Malaysia on the revenue figure of RM306.15 million

    Fined

    (RM3 million or a maximum jail term of 10 years or both)

    Defaulted on developing trade facilities amounting to RM47.36 million

    (Memory Tech & MJC Singapore Pte Ltd)

    Appointed Ferrier Hodgson (forensic accountant)

    Unaudited net loss of RM1.27 billion for the year ended April 2007

  • LITERATURE REVIEWDEFINITION AUTHORS

    DEFINITION OF FRAUD

    Fraud is an ever present threat to the effective utilization

    of resources and it will always be an important concern

    of management.

    Brink and Witt (1982)

    A deliberate deceit planned and executed with the intent

    to deprive another person of his property or rights

    directly or indirectly, regardless of whether the

    perpetrator benefits from his/her actions.

    KPMG Forensic Malaysia

    (2005:5)

    Fraud as a deliberate misrepresentation, which causes

    one to suffer damages, usually monetary losses.Pollick (2006)

  • LITERATURE REVIEW

    DEFINITION AUTHORS

    FRAUDULENT FINANCIAL

    REPORTING (FFR)

    FFR as a deliberate fraud committed by management

    that injures investors and creditors through misleading

    financial statements.

    Eliott and Willingham (1980)

    The intentional, deliberate, misstatement or omission of

    material facts, or accounting data to mislead and, when

    considered with all the information made available,

    would cause the reader to alter his or her judgment in

    making a decision, usually with regards to investments.

    The Association of Certified

    Fraud Examiners (ACFE)

    FFR is described as a scheme designed to deceive,

    accomplished with fictitious documents and

    representations.

    Wallace (1995)

  • LITERATURE REVIEW

    DEFINITION AUTHORS

    ETHICS OF FINANCIAL REPORTING

    Ethics is a branch of philosophy dealing with values relating to

    human conduct, with respect to the rightness and wrongness

    of certain actions and to the goodness and badness of the

    motives and ends of such actions.

    Houghton Mifflin Company (2005)

    Truthfulness of and trust in the financial reporting system

    depend on far more than the actions and decisions of

    individuals or sophisticated mechanisms for the whole

    system.

    Enderle (2004b)

    They should be generated by trustworthy people who are

    competent and motivated by the knowledge that they are

    being trusted and by a moral commitment to honour this

    trust.

    Hausman (2002)

  • PROVIDERS CERTIFIERS USERS

    MACRO LEVELGovernmental and regulatory bodies that set up and enforce the rules (Congress, SEC, FASB, Intern.

    Accounting Standard Board, boards of accounting)

    MESO LEVEL

    -Companies

    -Firms issuing new securities

    -Investment research divisions

    -Professional associations of

    accountants and investment researchers

    -Auditing companies

    -Public Company Accounting

    Oversight Board (since July

    2002) Credit rating agencies

    -Professional associations of

    accountants and auditors

    -Investor firms

    -Creditor firms (banks, etc.)

    -Government agencies

    (collecting taxes, etc.)

    MICRO LEVEL

    -Corporate management aided by

    management accountants

    -Board of directors

    -Chief financial officers

    -Investment researchers

    -Internal auditors

    -External auditors

    -Individual investors

    -Individual bank employees

    -Government officers

    -Investment researchers

    Source: Georges Enderle (2004b)

    Table 2.1 Structuring the Field of Financial Reporting

  • SOLUTION

    IMPROVEMENT IN AUDITING SYSTEM

    The evolution of primary objective in auditing has limits the auditor to detect the fraud.

    ISA 200 requires an audit to be designed so that it provides reasonable assurance of detecting

    both material errors and fraud in the financial statements.

    THE RESPONSIBILITY OF THE AUDITOR

    An auditor has the responsibility for the prevention, detection and reporting of fraud, other

    illegal acts and errors (Schelluch & Reid, 1997).

    They are expected to play a significant role in maintaining good corporate governance (Ali, 1999).

  • SOLUTION

    EMPHASIZES ON ETHICS

    The previous study puts forward ethical elements, which have been recommended by Arjoon

    (2005) and Mackenzie (2004) as part of the solution to corporate failures.

    Ethics training is crucial to instil ethical behaviour (Zaleha & Rashidah, 2010).

    FINANCIAL RATIOS APPROACH TO DETECT FRAUD

    Many fraud investigators recommend financial ratios as an effective tool to detect fraud (Bai, Yen,

    & Yang, 2008).

    The new method and more effective method is needed to detect fraud.

  • CONCLUSION

    It has generally been agreed that the main failure leading to the financial crisis stemmed directly

    from the lack of financial disclosure and inadequate governance practices. Beekes and Brown

    (2005) found out that companies with better governance also disclose more information.

    The importance of transparency has been widely recognized by both academics and market

    regulators, resulting in numerous rules and regulations being introduced over time to ensure timely

    and reliable disclosure of financial information, creating standards to which companies must adhere

    and avoid frauds.

    Studies have shown that greater bank disclosure and the consequences of bank transparency have

    positive economic effects on the stability of the banking sector (Tadesse, 2006). A high level of

    transparency leads to a higher supervision level, lower financing cost and also a lower risk profile

    thus limiting the likelihood of failure (Nier, 2005).