Saturday, May 18, 2024

When does creative accounting become fraud?

Creative accounting refers to accounting rules being bent, or questionable accounting judgements being applied in the preparation of financial statements. The term is used as an innuendo for poor accounting behaviour in organisations of all sizes.

Shareholders, managers and wider civil society as a whole are all users of financial statements – they use them to be informed about the activity of an organisation. The tax authority would like to see a company’s profit before tax, a labour union would be interested in the total wage cost of the firm compared to the prior year, and potential investors would like to track growth in revenues.

When creative accounting is applied, this can distort the picture shown to users of the accounts and can be considered financial statement fraud. False accounting is actually a criminal offence, as defined in the Theft Act 1968.

Why do people account creatively?

Accountants rarely employ creative accounting for the thrill or enjoyment of exercising power and control over the financial reporting of an institution. It is usually driven by pressure exerted on the accountants by senior management who wish to hit a specific financial target (or to not exceed a previous target by too much margin).

This pressure can be explicit or exerted indirectly on the accounting team, resulting in the accountants looking for any levers within their grasp that they could use to impact a reported result. This might include reassessing the valuation of large, judgemental provisions, or failing to accrue for a cost that has yet to be presented to the organisation as an invoice, but which has certainly been incurred. 

When does creative accounting become fraudulent?

Creative accounting becomes fraudulent the moment it has a material impact on the financial statements. Given that creative accounting is used purposefully to impact the result, in practice, creative accounting is virtually always fraudulent. If it had no material effect then why would an accountant bother to employ it in the first place? 

What should you do if you see creative accounting?

The correct thing to do in these cases is to report the fraudulent accounting to your line manager or in some cases the Board of Directors or an independent whistleblowing hotline. You should be afforded some protection as a whistleblower within an organisation but this has not been the case in reality. Some companies behave in a hostile manner towards whistleblowers.

As Withers Worldwide’s Meriel Schindler and Amarjit Kaur stated in a recent article, the “US Securities Exchange Commission offers whistleblowers money for reporting information that leads to a prosecution. More than $700 million has been paid to more than 100 individuals since the programme began in 2012.”

The concept behind the US initiative was to provide an attractive financial incentive to report fraudulent financial reporting, to encourage employees to not worry about retaliation from their employer. The money would provide financial security to the individual if they felt they had no choice but to change jobs to improve their working environment after the news broke.

Ultimately the act of reporting creative accounting is a matter of ethics, and all chartered accountants in the UK have subscribed to the ethics statement of their professional body stating that they will act professionally and ethically at all times.

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