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For this discussion I wanted to bring up the company that I’ve been researching and writing
on for a while, Granite Construction, from California. More specifically, a subdivision of the
company, Heavy Civil Group which was headed by the company’s senior vice president Dale
Swanberg. Starting in 2017, Swanberg was under pressure from the board of Granite to turn
around Heavy Civil’s lagging financial performance, and his solution to that was manipulate
Heavy’s profit margins and improperly defer the recording of expected costs so that he could
hide the group’s deteriorating performance margins. He improperly deferred the increased
costs of labour and materials on projects including highways, bridges, and mass transit
centres that Heavy Civil was working on to make it seem that they were bringing in more
revenues than they were. This went on until 2019 when according to the SEC press release,
“The scheme allegedly unravelled in mid-2019 when several construction projects neared
completion and Swanberg could no longer defer recognition of the cost increases.” (SEC,
2022). Once the fraud was brought to light, the company’s stocks fell from almost $35.00 to
$12.00 a share, and Granite agreed to pay out around $12 million to the SEC to settle the
charges.
From everything that the press release had to say about how Swanberg was manipulating
Heavy’s profit margins there was clearly delays in recording vendor invoices so that he could
continue to defer the increased costs of operating and construction / materials. There might
also have been some use of “scrap” cost burying where he may have lumped certain expenses
together, and he might also have been continuously asking for deferred billing from the
company’s suppliers.
Carillion was a British multinational construction company that was engaged in a
construction project in Qatar. The company experienced problems regarding the collectability
of nearly £200m in unpaid invoices and payments related to the project. Despite problems
regarding the contract in 2014 and 2015, revenue was recognized on the 2017 financial
statements, without a provision to account for the unlikely collectability of the revenue.
Additionally, the company suffered a pension deficit that led its demise.
The type of fraud perpetrated by Carillion could be characterized as an operating activity case
or big bath case of earnings management. The company deliberately modified the recognition
of a bad debt expense as a way to inflate its earnings. While the exclusion of this expense
inflated in its earnings, it came back to haunt the company, as it paid large dividends based on
its faulty earnings totals. KPMG’s failure to scrutinize these contracts and revenue estimates
led to loss of thousands of jobs.
Cookie Jar Reserves – are savings from previous quarters that a company records as earnings
in subsequent quarters to make it appear that its earning was higher than they really were.
There was a study undertaken to focus on financial statement fraud by The Block holders,
what was found was within 6 different cases shareholders received private benefits at the
expense of minority shareholders. Companies with fraudulent firms controlled by block
holders end up going bankrupt over companies who are not controlled, this could show that
the cookie jar strategy was used in this case. The only plausible explanation of why certain
shareholders received more than the earned amount is if earning for a certain period where
higher than expected.
I have researched the Kraft Heinz Company for this discussion. Management of KHC
fraudulently altered supplier agreements to recognize an immediate cost reduction which in
term boosted the gross profit margin. This is changing the timing of events because the
upfront ‘savings was not actually a savings because the KHC paid a higher price later to make
up for the lower price paid earlier. d
The COO, Eduardo Pelleissone, signed off on the financial statements even though he was
aware of the fraudulent transactions that reduced costs because he was concerned of the
impact if KHC did not meet the aggressive earnings projections. This is a good example of
external expectations having influence on the way KHC managed its earnings.
window dressing applies here because Pelleissone was concerned with how the strength of the
company was perceived and about earning his bonus.
In accounting, earnings management is intentionally influencing the process of
financial reporting to obtain some private gain. Earning management involves the alteration
of financial reports to mislead stakeholders about the organization’s underlying performance,
or to “influence contractual outcomes that depend on reported accounting numbers.”
d d d d d d d d d d The most popular and successful techniques used to manage earnings can be
categorized into 11 groups: cookie jar, big bath, a big bet on the future, flushing of an
investment portfolio, throw out the problem child, change in GAAP amortization,
depreciation and depletion, sale/leaseback, and asset exchange, operating vs. non
operating income, early retirement of corporate debt, and stock buybacks.
d d d d d d d d d d The New York Attorney General Letitia James filed a lawsuit against Donald
Trump, the Trump Organization, senior management, and other involved entities for
engaging in years of financial fraud to obtain a host of economic benefits. The claim
states that Trump falsely inflated his net worth by billions of dollars to induce banks
to lend the Trump Organization more favorable terms that would not otherwise
have been available to the company.
d d d d d d d d d d From 2011 to 2021, Donald Trump and the Trump Organization knowingly and
intentionally created more than 200 false and misleading valuations of assets on his
annual statements of financial condition to defraud financial organizations.
d d d d d d d d d d The earning management technique could be associated with real-activity
earnings management using operating decisions. This type of earning management is
when managers make decisions that affect the real operations of the firm. The
Trump Organization made decisions that affected the whole company to get
economic benefits. This affected the Trump Organization because they got benefits
that should have been designed for other organizations. These other organizations might have
needed them more than the Trump Organization.
Four senior executives of Surgalign manipulated the medial implant manufacturer’s revenue
during the 6-year period ending in 2019. They hid disappointing sales numbers by pulling in
future revenue ahead of schedule. This is a violation of securities laws and a total
misrepresentation of revenue recognition. d The company assured investors that it was meeting
revenue guidance which proved to be a false claim. GAAP was also contradicted as revenue
was claimed and supposedly “earned”, yet was not at all since the orders were shipped early
without proper customer approval. The scheme also severely damaged vital customer
relationships that may not be recoverable.
This case marked an achievement by the SEC in its “EPS Initiative” in which the
agency uses analytics to uncover difficult to detect accounting and disclosure violations by
public companies.
d d d d d d d d Four of the company’s executives also agreed to pay back approximately $600,000 in
incentive-based compensation paid out during these years of revenue manipulation.
Mintz, Steven M. & Morris, Roselyn. (2020). Ethical Obligations and Decision Making in
Accounting (5th Edition). McGraw-Hill Education US. https://prod.reader-
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Nicodemus, Aaron. (2022). Compliance Week: Surgalign to Pay $2M to Settle Accounting
Fraud Charges. https://www.complianceweek.com/regulatory-enforcement/surgalign-to-pay-
2m-to-settle-accounting-fraud-charges/31942.article
The Fly. (2022). Surgalign reaches settlement with U.S. SEC, to pay civil penalty of $2M.
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Wikipedia Contributors. (2018, February 17). Earnings management. Wikipedia; Wikimedia
Foundation. https://en.wikipedia.org/wiki/Earnings_management
Earnings Management Practices and Techniques. (2020, June 11). MBA Knowledge Base.
https://www.mbaknol.com/financial-management/earnings-management-practices-and-
techniques/
Attorney General James Sues Donald Trump for Years of Financial Fraud. (n.d.). Ag.ny.gov.
Retrieved October 16, 2022, from https://ag.ny.gov/press-release/2022/attorney-general-
james-sues-donald-trump-years-financial-fraud
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Posner, C. (2021, September 16). SEC charges Kraft Heinz with improper expense
management scheme. The Harvard Law School Forum on Corporate Governance. Retrieved
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United States of America before the Securities and Exchange Commission ... (n.d.). Retrieved
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Shoaib, A. (2020, February 27). Carillion inquiry: Missed red flags, aggressive accounting
and the pension deficit. Accountancy Age. Retrieved October 10, 2022, from
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accounting-pension-deficit/
Mintz, S., & Morris, R. (2020). Chapter 7: Earnings Management. In Ethical obligations and
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