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Accounting Ethics

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REVIEW OF ACCOUNTING ETHICS:
HEALTHSOUTH CORPORATION SCANDAL

Dannie Lover
Professor Seedgrass
Financial Accounting
South University
October 9, 2013

THE ORGANIZATION
In 2003, the Securities and Exchange Commission (SEC) charged HealthSouth Corporation, the nations’ largest provider of outpatient surgery, diagnostic and rehabilitative healthcare services, and its Chief Executive Officer and Chairman Richard M. Scrushy with a massive accounting fraud. Scrushy, along with several of his former colleagues allegedly inflated HealthSouth’s pre-tax earnings. [Knapp]
Founded in 1984 in Birmingham, Alabama, with more than 50,000 employees and nearly 2000 facilities across all states, HealthSouth earned recognition as a top-five performer in the S&P 500 index. This thriving company grew rapidly and became publicly traded within two years of existence. The company is believed to have overstated its profits by at least 1.4 billion since 1999, in order to meet or exceed Wall Street earnings expectations and maintain market price for stock. [Press Release 2003]
THE ALLEGIATION
The allegation came just after an earnings restatement and insider-trading charge triggered the investigation, sending HealthSouth stock tumbling to a record low. [Romano 2003] Many attempts at whistle blowing were suppressed, when employees expressed concerns due to falsification of documents. One accountant in particular, was quickly silenced and moved to a dead end job outside of Accounting. Scrushy had no tolerance for disappointing Wall Street; thus he and his team, came up with ways to defraud, scheme, and make untrue statements of facts.
Scrushy was the first corporate executive to face a federal indictment filed under the criminal provision of the Sarbanes-Oxley Act of 2002. The SOX Act was put in place to increase the accountability of corporate executives. It impacts and puts mandates on public traded companies, senior management, and the auditing firm to certify the accuracy of the reported financial statement.
The fraud grew from a $40,000 short fall to tens of millions of dollars every year. This resulted in sixteen HealthSouth executives, including five former Chief Financial Officers, being charged in inflating the earnings. Fifteen of them pleaded guilty and another was convicted by jurors. HealthSouth now being run by new management with efforts to vindicate the company is said to refuse to offer acquitted Scrushy any position with the company.
The SEC complaint indicated HealthSouth’s financial team falsified records to escape detection by its outside auditors, Ernst & Young. [Knapp 2006] They came under fire for not being able to uncover the overstatement of earnings, and eventually cooperated with authorities. The company suffered through a string of legal difficulties and public relations disaster since its earnings-restatement announcement.
THE IMPACT
Time had to be spent trying to meet a “desired” earnings per share number each quarter and cover up the actual earnings so as not to get caught. Many closed door meeting were conducted, when Scrushy would advise his team to “fix it”, referring to the recording of false earnings (accounts receivables) to make up for short falls. The SEC complaint said, “the attendees referred to such meetings as ‘family meetings’ and referred to themselves as a ‘family member.’ [Romano 2003] In these meetings, discussion of which false accounting could effectively sidestep the systems checks and balances. The entries primarily consisted of reducing contra revenue, decreasing expenses, (which increased earnings) and increasing assets and decreasing liabilities. Falsified balance sheet entries were necessary to cover up this scheme because generally accepted accounting principles GAAP require increase in revenue or decrease in expenses to be matched with an increase in assets or decrease in liabilities.
HealthSouth reported earnings before taxes of about 1.6 billion from 1999 to 2002, when actually it earned $169 million, according to SEC. Expecting to reduce the need to artificially inflate earning in the future, senior officers at HealthSouth convinced Scrushy to discontinue making false statements by blaming sharply reduced earnings on the changes in Medicare billing for therapy. This complaint advised that the “scheme to blame” Medicare rules went into play requiring providers to bill lower rates when treating.
In the third quarter ending September 30, 2002, a fixed asset was added to the balance sheet as property, plant and equipment which overstated the assets by over $800 million. Management falsified financial statement, intimidated auditors and overrode internal controls. Shares were quickly sold and billions of assets were reported that HealthSouth did not have.
Scrushy used to his advantage information he was privy to in order to obtain excessive profits in the stock market and duping investors into thinking the company met their earning targets.
THE IMPLEMENTATIONS
In the HealthSouth Corporate Scandal, inflating sales numbers and offset with fake assets were more difficult to find with each false journal entry to the income statement and balance sheet. There were weak internal controls (board of directors) which were also intimidated by Scrushy, which ultimately resulted in ineffective audit procedures.
Due to the breakdown of roles, many loopholes were uncovered so that executives were able to create false documents and alter existing invoices in order to balance ledgers. This could have been alleviated by stronger rules of internal controls. There should have been another source responsible for reviewing and reporting information prior to the auditing committee who was blinded by the benefits they inherited. Employees were under pressure to make the numbers without ethically doing it correctly. This can be eliminated if the employees had a committee for accountability to report unethical rituals. Even the auditors should have an auditing committee that they must report to of people, who are not all financial experts. When documents are being altered after submittal to avoid findings, the computerized accounting method is a more secured way where user access is protected with each entry, and internal and independent auditors are covered by their role. When roles are not defined and opportunity presents itself, ethical basis is validated in the mind of the fraudulent person. When one engages in an unethical deed and temptation allows them to continue, greed and rationalization makes the person think its ok.
This internal control must be set to safeguard assets and be monitored periodically. When an organization sets in place the segregations of duties and thoroughly examines the documented procedures, such fraud can be prevented. After all, the compliance department reported directly to Scrushy. Employees did not want to go against an intimidating Scrushy, and stayed quiet to enjoy the salaries, bonuses, and stock option gains set by Scrushy.
Incentives, Rationalization, and Opportunity are the key factors in greed. If provisions were set in place the fraud may not have happened. Employees need to feel safe in a company with established policies if there is a need to report misconduct anonymously. Those involved would not have been involved by refusing to participate and had the choice to leave. Compliance departments should be set up as well. When faced with unethical behavior, one must be direct, and quick to rationalize that the behavior has consequences.
CONCLUSION
For as long as there have been companies and accounting standards, there have been people who are trying to beat the system and divert some of the company’s profits and assets to their own pockets. With each of these steps in place with a striving company, major unethical breaches in companies can be prevented in the future.

References
Knapp, Michael C. (2006). HealthSouth Corporation. Contemporary Auditing; Real Issues and Cases, 365-370.
Romano, Michael. (2003). Firm’s health going south. (cover story) Modern Healthcare. Vol.33 Issue 12, p4. 4p
SEC Charges HealthSouth Corp. CEO Richard Scrushy with $1.4 Billion Accounting Fraud Press Release. Retrieved April 23, 2014 from http://www.sec.gov/news/press/2003- 34.htm
Securities and Exchange Commission (2003). “Complaint: HealthSouth Corporation and Richard M. Scrushy”. Civil Action No. CV-03-J-0615-S Retrieved April 23, 2014. http://www.sec.gov/litigation/complaints/comphealths.htm
Smith, Weston. (2013). Issues in Accounting Education. Lessons of the HealthSouth Fraud: An Insiders View. American Accounting Association. Vol. 28, No. 4, pp. 901-912

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