|

CORPORATE SHAREHOLDER
FRAUD
Corporate fraud or shareholder fraud
occurs when a corporation conceals information or misrepresents
itself before the public. Because corporations are designed to
function as entities of their own, directors have a lower level
of personal responsibility for the outcome of business decisions
than they would if they were direct owners. In addition,
corporation directors operate under limited liability. Under
limited liability, the partner or investor takes no loss greater
than the amount he has invested in the business. The partners
and shareholders are not personally responsible for company
debts. The liability for corporation failure or debt, because of
the dissemination of responsibility and ownership, is harder to
pinpoint than it would be under a sole proprietorship or a
limited partnership.
Corporations have an interest in
maintaining a successful front in the eyes of shareholders and
securities analysts because investors buy shares of companies
that are healthy and growing. Corporate fraud, also known as
shareholder fraud, occurs when, to maintain this front,
corporations deliberately conceal or skew information.
The Ten-Point Plan
To prevent corporate fraud, President Bush
instated a “Ten-Point Plan to Improve Corporate Responsibility
and Protect America’s Shareholders.” This plan was proposed
in March of 2002 and has been implemented since by the SEC.
The overriding aims of this
plan are to:
 | Improve the
accessibility and accuracy of company and shareholder
information
 | Make auditors
independent
 | Increase management
accountability |
| |
To put the plan into
practice, a number of measures have been taken:
 | An oversight board will ensure that SEC
standards for auditing and accounting are being met. Members
who have no ties to the accounting profession will run the
board. In addition, reports will be made to the public.
 | A newly created Corporate Fraud Task
Force will investigate corporate criminal activity and bring
charges against guilty parties.
 | Consequences for corporate fraud have
been heightened: prison time for criminal fraud has been
lengthened, and suspicious activities are being investigated
more intensely.
 | CEOs and CFOs are being required to
personally certify that their corporation’s quarterly
reports are accurate. This requirement aims to make CEOs and
CFOs personally responsible for actions affecting their
corporation’s shareholders.
 | CEOs and directors will be required to
disclose to the public complete, clear information on their
benefit and compensation plans. Further, compensation
committees have been asked to limit loans made to directors
out of company funds.
|
| | | |
FAMOUS CORPORATE
SHAREHOLDER FRAUD
WORLDCOM
During the yearlong investigation into
WorldCom's accounts, nine billion dollars in discrepancies were
found. The SEC levied charges against the corporation's CEO and
several executives. Among these, Scott Sullivan (WorldCom's CFO)
was indicted on counts of securities fraud, and David Myers
(WorldCom's controller) pled guilty to committing securities
fraud and falsifying SEC filings.
In order to present a
successful face to investors when company profits began to wane,
former CFO Scott Sullivan led a series of accounting
adjustments. Over five financial quarters Sullivan masked $3.8
billion in WorldCom operation costs. Another charge against
WorldCom centers on the fact that the corporation's CEO, Bernard
Ebbers, took 408 million dollars in personal loans from the
corporation's funds.
ENRON
Former top executives of Enron have been
accused of hiding the company's debts by falsely adjusting
financial records. Enron's accounting firm, Arthur Anderson,
also began a process of shredding incriminating documents weeks
before the SEC could investigate. The corporate fraud committed
by Enron had huge repercussions for employees who had invested
most of their savings and 401k retirement funds in presumably
secure company stock. The investigation against Enron continues,
and charges are being filed against the company's directors and
leading accountants.
TYCO
CEO Dennis Kozlowski and CFO Michael
Swartz faceD criminal charges for taking private loans from Tyco
in excess of 170 million dollars. The loans, many of which were
interest free or fully forgiven, were not revealed to
shareholders. Mark Belnick, Tyco's former General Counsel, was
also charged for receiving fourteen million dollars in loans for
houses he purchased in New York and Utah.
| We also provide an extensive
investment book
store where you can read on past Wall Street frauds as
well as how to protect yourself from investment schemes. |
Please note that OldStocks.com
does not sell investments or investment advice. It
is highly recommended that you contact a registered investment
professional for these services. Items sold in
our catalog
are cancelled or
obsolete, and only sold as collectible items.
We provide free
estimates on collectible value of your certificates. We
have a large collection of references and databases that provide
past realized prices. Also, our vast knowledge of the
hobby can provide you the latest pricing on any US
certificate. Again, this service is completely free.
e-mail
us.
|
|
| Home
| Old
Stocks | Live
Shares | Investment
Books | Scripophily
Reference Books | Stock
Art Posters |
| Stock
Certificate Research | Investor
Advice | Securities
Fraud Information |
| Stock
Collecting Links | About
the Hobby of Scripophily | About
OldStocks.com | Contact
|
|