Read Book Conspiracy of Fools: a True Story

Total Page:16

File Type:pdf, Size:1020Kb

Read Book Conspiracy of Fools: a True Story CONSPIRACY OF FOOLS: A TRUE STORY PDF, EPUB, EBOOK Kurt Eichenwald | 746 pages | 15 Jan 2006 | Random House USA Inc | 9780767911795 | English | New York, United States Conspiracy of Fools - Kurt Eichenwald You can trust the others. You're at a Fortune 50 company, so don't sweat the small stuff. Just don't make me look bad. This book is soon to be made into a movie starring Leonardo DiCaprio. View all 4 comments. In it, Eichenwald does a decent job of combining the best of the three others, as if he poached some from each. Conspiracy reads as a novel, combining facts and details with presumably fictional conversations. The sometimes outrageous discussions between characters left me feeling that Eichenwald embellished a little too much, and at Conspiracy of Fools is the fourth Enron-related tale I've read Smartest Guys in the Room, Enron: The Rise and Fall, and Anatomy of Greed being the other three. He often leaves out the nitty gritty details best described by Smartest Guys in the Room, and relies too much on dramatics, like in Anatomy of Greed. And unlike Smartest Guys by far the most well written and complete chronicle of the rise and fall of Enron , Eichenwald has a definite bent to his story, almost insisting that Andrew Fastow was entirely to blame, while painting Jeff Skilling as a basket case whose emotional baggage blinded him to any wrongdoing, and Ken Lay as a social and political juggernaut with blinders on. Other former Enron executives, like Richard Causey and Rick Buy, take far too little blame for their roles in the special purpose entities that ultimately drove Enron under. Conspiracy of Fools is a fairly entertaining, however one-sided it may be, read despite dragging on Smartest Guys in the Room, and the documentary based on the book, are much more highly recommended. View 1 comment. Apr 17, Donitello rated it it was amazing. This book gives sobering data, while reading like a best-selling mystery--a bona fide page-turner. The book is particularly relevant when we put the story of Enron into perspective: Geo. Bush's longtime personal friendship with Enron head Ken Lay; Bush's own businesses in the s--Arbusto and Spectrum also collapsing shortly after HE sold out his personal stock; numerous other financial giants coincident with Enron eg. This book gives a detailed view of the process. I was continually astonished as I read. But then, I always am. People sometimes accuse me of being cynical, but I can honestly reply every time: "To the contrary--I'm constantly amazed! We can't say we weren't told Mar 02, James rated it liked it Shelves: finance. Very pleasant and interesting to read. But is it all true? I find that hard to believe. In any case, Skilling is still in prison. And CEO's are still looting companies with excessive pay and outrageous stock options. Feb 13, Ericka Clouther rated it really liked it Shelves: 0-own , nonfiction , book-club-dad , business , crime , , own-read , own-nonfiction , economics , author- male. Very thorough and interesting account of all the myriad of things that went wrong at Enron and Arthur Anderson. The culture is very familiar to me from my days in big law. View all 3 comments. Jan 29, Valerie rated it it was amazing. It is very rare for me to give a book a 5 so the fact that I gave this one 5 stars should give a hint how much I liked it. I'm not sure what I found so compelling about this book but I was up late several nights reading it. Even though I knew how it was going to end it was sort of like watching a disaster movie, you know it is going to turn out ugly but you still have to watch or read in this case Once things started unravelling, Eichenwald kept up the tension through devices like after an eve It is very rare for me to give a book a 5 so the fact that I gave this one 5 stars should give a hint how much I liked it. Even though I knew how it was going to end it was sort of like watching a disaster movie, you know it is going to turn out ugly but you still have to watch or read in this case Once things started unravelling, Eichenwald kept up the tension through devices like after an event saying this deal would only be in place for two weeks. Really it has an obvious villain, an obvious dupe, and an out of touch king, all classic fiction types. The one piece that I would have liked is an addendum to list who was tried for what crimes and how they fared. The book ended with Ken Lay at his arraignment. Jun 16, Scott Hawkins rated it it was amazing. There are occasions--plane crashes, Chernobyl, Long Term Capital Management--when smart, highly trained people fuck up in a way "oops, my bad" just won't cover. I'm not sure why, but I can read about that stuff endlessly. I think my interest might have to do with the way it exposes gaps in our thinking? Or maybe it's just prurient. I don't know. Probably you're one of the But if you're nodding slig There are occasions--plane crashes, Chernobyl, Long Term Capital Management--when smart, highly trained people fuck up in a way "oops, my bad" just won't cover. But if you're nodding slightly to yourself right now, pick up Conspiracy of Fools. It's the good stuff. Sep 08, Michael Chrobak rated it it was amazing. By far the best 'behind the scenes' look at what was a very public and heavily reported event. The early chapters set the stage perfectly. A company that was far more lucky than skilled, filled with executives who had far more confidence than talent, doing transactions they were never meant to do. By the middle of the book, I was astonished at how deep the criminal activities and outrigh By far the best 'behind the scenes' look at what was a very public and heavily reported event. By the middle of the book, I was astonished at how deep the criminal activities and outright arrogance had penetrated throughout the company. By the final chapters, I was simply appalled at the blatant ignorance of leadership and the complete disregard for basic financial controls in a company that had already collapsed several months, perhaps even a few years, before anyone at the firm began to grasp that something was wrong. A great example of the extent that corporations placed profits and growth above everything else during the turbulent years of the rise and fall of the dot com business world. Jul 26, Kurtbg rated it liked it Shelves: historical , fiction-non , business-economics. This book presents Andy Fastow, Enron CFO, as the principal architect behind the fall of Enron, diminishing the legitimacy of the US financial institution, feeding the CA energy crisis and international problems, specifically in India and Latin America. Fastow created accounting entities which were used to hide Enron debt. He initially named himself the owner of these entities and got the board to dismiss any conflicts of interest. He then played loose with accounting rules and received required This book presents Andy Fastow, Enron CFO, as the principal architect behind the fall of Enron, diminishing the legitimacy of the US financial institution, feeding the CA energy crisis and international problems, specifically in India and Latin America. Why wouldn't you trust your CFO, right? Fastow takes fees for running these entities - which ultimately end up being recognize as Enron years later. Basically he embezzled and gave others a piece of the pie to go along with it. Skilling, Lay and the board don't go into details so they think it's all on the up - hey, Fastow is reducing expense and increasing profit. Gotta love it. Enron's profits are huge. They're the big guy on the block. Well, how do you get this by the external accounting review arthur andersen and the ratings companies Moody? Well, both those companies receive money from Enron for other business. If you don't sign off, maybe that business will go somewhere else. You're numbers will be down, then you're job will be on the block. It's a soft approach to a strong-arm tactic. Politics uses a version of this too. Ask the wrong question of the president and you're access to the white house is cut-off. You can't be a WH correspondent and not have access. You get the SEC to sign-off by describing partially what you are doing. Lay's a big Bush family friend. This is obviously a trustworthy company. All during this Enron has a number of other shady things going on. It sales is eager to book deals a multi-billion facility in India but without any review of what actual costs are. They also get creative and create an energy market in CA which they then manipulate to shakedown a state by holding them as captive consumers. The snowball effect happens no, not Warren Buffett , things start to leek. The culture of loyalty and pettiness internal starts to crumble. Deals fall through, economic triggers are hit. The hidden debt's ugly head appears and the company is actually billion in debt. Just as a deal for Enron to be bought by Dynergy, the 2 company always made fun of by Enron, an economic trigger hits, an additional millions is owed, and the final nail is driven into the Enron casket.
Recommended publications
  • The Greatest Business Decisions of All Time: How Apple, Ford, IBM, Zappos, and Others Made Radical Choices That Changed the Cour
    The Greatest BUSINESS DECISIONS of All Time HOW APPLE, FORD, IBM, ZAPPOS, AND OTHERS MADE RADICAL CHOICES THAT CHANGED THE COURSE OF BUSINESS. By Verne Harnish and the Editors of Fortune Foreword by Jim Collins . ACKNOWLEDGMENTS When you delve into the great decisions chronicled in these pages, you’ll find that in most instances it was the people involved that really mattered. The same holds true for producing this book. First, we want to thank Fortune managing editor Andy Serwer, who, displaying the vision and entrepreneurial spirit we’ve long admired him for, green-lighted this project in the same meeting in which we pitched it and then provided support all along the way. Fortune art director Emily Kehe, working with Time Inc.’s talented Anne-Michelle Gallero, applied their usual elegant sense of style to the design. Carol Gwinn, our copyeditor par excellence, used her superb language skills to save ourselves from ourselves. Steve Koepp and Joy Butts at Time Home Entertainment Inc., the book’s publisher, worked creatively behind the scenes to make this project a reality, and for that we’re truly grateful. And we extend our thanks and admiration to Jim Collins for providing such an insightful foreword to the book. Last, a big bow to the writers and editors on Fortune’s staff who used their in-depth knowledge of business and their nonpareil writing skills to make this book what I hope you’ll find to be a wonderful, informative read. TO DECISION-MAKERS WHO KEEP MAKING THE TOUGH CALLS . TABLE OF CONTENTS Foreword BY JIM COLLINS Introduction By VERNE HARNISH Chapter 1 Apple Brings Back Steve Jobs By ADAM LASHINSKY Chapter 2 How Free Shipping Saved Zappos By JENNIFER REINGOLD Chapter 3 Why Samsung Lets Its Stars Goof Off BY NICHOLAS VARCHAVER Chapter 4 At Johnson & Johnson, the Shareholder Comes Last BY TIMOTHY K.
    [Show full text]
  • GAO-08-163 Audits of Public Companies
    United States Government Accountability Office Report to Congressional Addressees GAO January 2008 AUDITS OF PUBLIC COMPANIES Continued Concentration in Audit Market for Large Public Companies Does Not Call for Immediate Action GAO-08-163 January 2008 AUDITS OF PUBLIC COMPANIES Accountability Integrity Reliability Continued Concentration in Audit Market for Large Highlights Public Companies Does Not Call for Immediate Action Highlights of GAO-08-163, a report to congressional addressees Why GAO Did This Study What GAO Found GAO has prepared this report While the small public company audit market is much less concentrated, the under the Comptroller General’s four largest accounting firms continue to audit almost all large public authority as part of a continued companies. According to GAO’s survey, 82 percent of large public effort to assist Congress in companies—the Fortune 1000—saw their choice of auditor as limited to three reviewing concentration in the or fewer firms, and about 60 percent viewed competition in their audit market market for public company audits. as insufficient. Most small public companies reported being satisfied with the The small number of large auditor choices available to them. international accounting firms performing audits of almost all large public companies raises Percentage of Companies Audited by Four Largest Accounting Firms, by Company Size Percentage interest in potential effects on (Number of companies) 98%98% competition and the choices 100 95% 92% available to large companies 90% needing an auditor. This report 80 71% examines (1) concentration in the 60 market for public company audits, 44% (2) the potential for smaller 40 22% accounting firms’ growth to ease 20 market concentration, and (3) (1,606) (794) (1,190) (907) (498) (516) (1,211) (1,513) 0 proposals that have been offered 2002 2006 2002 2006 2002 2006 2002 2006 by others for easing concentration <$100 million $100 million - >$500 million - >$1 billion and the barriers facing smaller $500 million $1 billion firms in expanding their market Company revenue shares.
    [Show full text]
  • World Trusts Us
    Albaraka Türk Sustainability Report 2020 World TTrustsrusts Us Contents 10 KEY SUSTAINABILITY INDICATORS 12 ALBARAKA TÜRK AT A GLANCE 12 Al Baraka Banking Group (ABG) in Brief 14 Albaraka Türk in Brief 16 Albaraka Türk’s Sustainability Journey 18 Shareholding Structure AAlbarakalbaraka TTürkürk is a bank building its entire business momodeldel 19 Our Mission and Vision 20 Our Quality Policy, Core Corporate Values and Strategic Objectives in accordance with sussustainabilitytainability and working for this 22 Operational Map 24 Our Awards purppurpose.ose. 26 MESSAGE FROM THE MANAGEMENT 26 Message from the Chairman 28 Message from the General Manager WWee ccarryarry out aallll our opoperationserations by ttakingaking intintoo account an 30 Message from the Chairman of the Sustainability Committee environmenvironmentalental impacimpactt and trustrustt approach. WeWe consider 32 OUR SUSTAINABILITY ORGANIZATION 32 Al Baraka Goals (2016-2020) the sosocial,cial, environmenvironmentalental and eeconomicconomic vavalueslues we have 34 Strategic Sustainability Areas 36 Sustainability and Social Responsibility Principles within the frframeworkamework of trustrustt and we aim ttoo pass these 37 Principles of Donations and Contributions 38 Our Sustainability Organization vavalueslues on ttoo future genergenerations.ations. 39 Our Committees 40 OUR SUSTAINABILITY ACTIVITIES 40 Our Corporate Governance Approach WWithinithin the scopscopee of sussustainabilitytainability efforefforts,ts, we continue 64 Our Financial Capital 68 Our Manufactured Capital ttoo ttakeake impimportantortant sstepsteps ttoo sosolvelve various worldwide 70 Our Human Capital 80 Our Intellectual Capital probproblemslems such as globagloball warmingwarming,, ccarbonarbon emission and 84 Our Natural Capital 90 Our Social and Relational Capital wawaterter probproblems,lems, and we continue ttoo rereceiveceive the ppositiveositive 94 LOOKING TO THE FUTURE resulresultsts of these ssteps.teps.
    [Show full text]
  • Conspiracy of Fools”
    Submitted version of review published in GARP Risk Review Review of “Conspiracy of Fools” Joe Pimbley Kurt Eichenwald’s Conspiracy of Fools (Broadway Books, 2005) is a spellbinding account of the rise and fall of Enron. In nearly 700 pages the reader finds answers to “what happened?” and “how did it happen?” Based on retrospective interviews with more than a hundred primary and secondary actors in this drama, the author creates multiple, parallel story lines. He jumps back and forth between these sub-plots in a manner that maintains energy and gives the reader many natural stopping points. The great strengths of Conspiracy are that it’s thorough, extremely well- written, captivating, and, finally, it rings true. The author avoids the easy, simple conclusions that all the executives are “guilty” of crimes or plain greed and that the media-lionized whistle-blower is pure of heart. We see the ultimate outcome as personal tragedies for Jeff Skilling (President) and Ken Lay (CEO) even though they are undeniably culpable. Culpability and guilt are not synonymous, however, and different readers will have widely different judgments to render on these two men. The view of Andrew Fastow is not so murky. He and a handful of his associates did indeed lie, cheat, and steal for personal gain. Fastow’s principle “contribution” to Enron was the creation of structured finance transactions to skirt accounting rules. This one-sentence description doesn’t tell the reader much. Eichenwald gives many examples to flesh out the concept. The story of “Alpine Investors” provides the simplest case. The company wished to sell the Zond Corporation, a wind-farm operator, prior to the closing of Enron’s purchase of Portland General.
    [Show full text]
  • 1913 from the Very Beginning of the Firm, Arthur Andersen Insists That All
    1913 From the very beginning of the firm, Arthur Andersen insists that all his personnel get the “the facts behind the figures,” thus establishing the concept of a business-oriented audit. The Federal Reserve banking system is created. The 16th Amendment is ratified permitting federal income tax. 1914 The Federal Trade Commission and General Accounting Office are created. The Federal Reserve requires CPA certification of any financial statements submitted in support of applications for loans on commercial paper by member banks. 1915 Arthur Andersen takes the position that a Great Lakes steamship company had to reflect in its balance sheet the economic impact of a major post-year-end event—that is, the loss of a freighter in a storm. This was the first case of an auditor demanding disclosure of an event that occurred after year-end but before the issuance of the auditor’s report. 1916 The firm creates a formal recruitment program for college graduates. The American Association of Public Accountants (founded in 1887) changes its name to the American Institute of Accountants (AIA). 1917 The firm takes the lead in promoting tax work for industries and corporations and introduces a new concept of accounting for construction costs of public utilities, differentiating between overhead costs and direct costs. The first AIA examination is given. The Revenue Act of 1917 imposed the first excess profits tax. 1919 The first chapter of Beta Alpha Psi is established at the University of Illinois. 1921 The firm establishes a government liaison office in Washington, D.C. The American Society of Certified Public Accountants is founded in Washington.
    [Show full text]
  • Arthur Andersen Center for Financial Reporting Research Workshop
    Arthur Andersen Center for Financial Reporting Research Workshop Friday, February 14, 2020 11:00 a.m. – 12:30 p.m. 4151 Grainger Hall The Effect of Financial Reporting for Restructuring on Firm Choice of Divestiture Form Diana Weng Doctoral Candidate University of Florida FACULTY Ph.D. STUDENTS W. Choi T. Ahn M. Covaleski J. Ariel-Rohr F. Gaertner I. Baek E. Griffith A. Carlson S. Laplante D. Christensen T. Linsmeier Z. King D. Lynch M. Liang E. Matsumura B. Osswald B. Mayhew C. Partridge T. Thomas L. Rousseau D. Wangerin D. Samuel T. Warfield M. Vernon J. Wild K. Walker K. Zehms E. Wheeler The Effect of Financial Reporting for Restructuring on Firm Choice of Divestiture Form Diana Lynn Weng Fisher School of Accounting Warrington College of Business University of Florida Gainesville, FL 32611 Office phone: (352) 273-0227 February 2020 ** Do not quote without the author’s permission ** I thank my dissertation committee members Bobby Carnes, Marcus Kirk, Mike Ryngaert, and Jenny Tucker (chair) for guidance; Elia Ferracuti, Jennifer Glenn, Patrick Kielty, Jeffery Piao, and Mark Zakota for comments; and Jonathan Urbine for his assistance with the SEC filings. The Effect of Financial Reporting for Restructuring on Firm Choice of Divestiture Form ABSTRACT I examine whether financial reporting for restructuring influences managers’ choice of divestiture form. Firms have three major divestiture form options: a firm can sell a unit to another firm in a sell-off; sell a percentage of shares in a unit to new shareholders in an equity carve-out; or separate a unit and pro-ratably distribute the new unit’s shares to existing shareholders in a spin-off.
    [Show full text]
  • Here People Can Belong When They Travel by Being Connected to Local Cultures and Having Unique Travel Experiences
    ... for the implementation of sound, long-term tax policies that promote the global competitiveness of the U.S. high technology industry. Background The Silicon Valley Tax Directors Group is composed of representatives from leading high-technology companies with corporate offices predominantly located in the area between San Francisco and San Jose, California (widely known as the “Silicon Valley”). The group was formed in 1981 with current members representing the following companies: Organization Representative Autodesk SVTDG Co-Chair: Kirsten Nordlof; VP, Tax, Treasury, Risk and Procurement Cisco Systems, Inc. SVTDG Co-Chair: Robert F. Johnson; Sr. VP, Global Tax and Customs Dolby Laboratories, Inc. SVTDG Co-Chair: Grace L. Chu; Vice President, Tax and Treasurer Accenture N. James Shachoy; Senior Managing Director, Global Tax Activision Blizzard, Inc. Alex Biegert; Senior Vice President, Tax Advanced Micro Devices, Inc. Steven Kurt Johnson; Senior Director, Head of Tax Agilent Technologies, Inc. Stephen A. Bonovich; Vice President, Tax Airbnb, Inc. Mirei Yasumatsu; Global Head of Tax Amazon, Inc. Kurt Lamp; Vice President | Global Tax Analog Devices Tom Cribben; Global Tax Director Ancestry.com Edward R. Gwynn; Vice President of Tax Apple Inc. Phillip Bullock; Senior Director of Taxes Applied Materials Steven K. Shee; Vice President - Tax Aptiv, PLC Tim Seitz; Vice President Tax, Trade & Government Affairs Arista Networks Inc Jennifer A. Raney; Head Of Global Tax & Treasury Atlassian Anthony J. Maggiore; Global Head of Tax Bio-Rad Laboratories Kris L. Fisher; Vice President, Global Tax BMC Software, Inc. Matt Howell; Vice President, Global Tax Broadcom Limited Ivy Pong; Vice President, Global Taxation Cadence Design Systems, Inc.
    [Show full text]
  • The Irrational Auditor and Irrational Liability
    LCB_10_1_PRITCHARD.DOC 3/17/2006 3:54:52 PM THE IRRATIONAL AUDITOR AND IRRATIONAL LIABILITY by A.C. Pritchard* This Article argues that less liability for auditors in certain areas might encourage more accurate and useful financial statements, or at least equally accurate statements at a lower cost. Audit quality is promoted by three incentives: reputation, regulation, and litigation. When we take reputation and regulation into account, exposing auditors to potentially massive liability may undermine the effectiveness of reputation and regulation, thereby diminishing integrity of audited financial statements. The relation of litigation to the other incentives that promote audit quality has become more important in light of the sea change that occurred in the regulation of the auditing profession with the adoption of the Sarbanes-Oxley Act. Given these fundamental changes in the regulatory backdrop, I argue that the marginal benefit of litigation has been substantially diminished and in many cases that it is likely to be ineffective in promoting greater audit quality. I propose a knowledge standard for auditor liability in securities fraud cases. I. THE ECONOMICS OF AUDITING ..........................................................23 A. The Value of Auditing..........................................................................23 B. Assessing the Quality of Auditing........................................................25 II. THE SARBANES-OXLEY ACT AND THE REGULATION OF AUDITORS.................................................................................................28
    [Show full text]
  • The Procurement & Performance of Audits of Government
    -- 7 I -4 >I u - yT*--+- The.pn>cLre;nent & * 1 Performance Of Audits Of Government Organizations & Programs I1111ll lIlll111111111111111116289 lllll11111111 Report of Colloquium held in Cherry Hill, New Jersey November 56, and 'Z 1980 .. , This colloquium was designed to explore the views of WAS and government officials on means for improving their relationships on audits of government organizations and programs. It was conducted under the joint sponsorship of the American Institute of Certified Public Accountants (AICPA) and the U.S. General Accounting Office (GAO). The views expressed in this document do not represent an official position of the AICPA or the GAO. Colloquium Organization Committee and Discussion Group Leaders, Co-Leaders, and Secretaries AICPA Subcommittee on Relations with the GAO Edward J. Haller, Jr. Chairman - Price Waterhouse & Co. James S. Dwight, Jr. - Deloitte, Haskins ti Sells Fernando D. Fernandez - Sanson, Kline, Jacomino & Company Frank A. Gibson - Gibson, Johnson & Company William M. Hall - Arthur Andersen & Company Thomas R. Hanley - Touche Ross & Company David Neuman - Peat, Marwick, Mitchell & Co. Bert W. Smith, Jr. - Bert W-. Smith, Jr. &Associates Charles Taylor - University of -Mississtppi Donald L. Scantlebury - Director John L. Adair - Deputy Associate Director George L. Egan - Associate Director Robert Raspen - Systems Evaluator AICPA Staff Joseph F. Moraglio Terri S. Meidlinger Discussion Group Leaders John J. Adair - U.S. General Accounting Office George L. Egan - U.S. General Accounting Office Thomas R. Hanley - Touche Ross & Co. J. Curt Mingle - Clifton, Gunderson & Co. David Neuman - Peat, Marwick, Mitchel & Co. Frank S. Sat0 - Inspector General, Transportation and VA Cornelius E. Tierney - Georgetown University Discussion Group Co-Leaders Charles A.
    [Show full text]
  • October 22, 2018 8:30 – 9:45 A.M
    Sunday | October 21, 2018 1:00 p.m. – 5:00 p.m. Workshop 1: Win-Win Conversations: Transforming Conflict Into Collaboration Margie Bastolla, CIA, CRMA Principal Margie Bastolla Facilitations, LLC It’s a fact. Conflict is a part of life. Your attitude toward conflict will determine your success during difficult conversations at work and whether you achieve favorable results. Win-win conversations require that we learn why conversations fail, as well as proven methods to ensure that even our most difficult conversations have a high chance of success. In this session, participants will: • Identify key skills that underpin successful conversations and negotiations. • Discuss eight conflict triggers and five methods for managing them. • Learn how collaboration can be particularly effective when the stakes are high. • Discuss activities that lead to ongoing collaboration and trust throughout the audit. Margie Bastolla is a professional trainer and speaker who provides customized, onsite training for internal auditors on both technical and soft skill topics. She has worked in over 40 countries, conducting hundreds of seminars, workshops, and conference sessions for corporations, government entities, U.N. agencies, and IIA chapters and institutes. Bastolla draws on 30 years of leadership experience in internal auditing, international relations, association management, and public accounting. Previously, she was an executive with The IIA’s global headquarters and an auditor with Worthen Banking Corporation and Deloitte. Monday | October 22, 2018 8:30 – 9:45 a.m. General Session 1: Security in a Connected World Marc Goodman Global Security Strategist Author of Future Crimes Chair for Policy, Law, and Ethics, Silicon Valley’s Singularity University A huge proponent of technology, Marc Goodman knows that the positive aspects of the Internet are manifest.
    [Show full text]
  • A Much-Needed Solution to the Accountants' Legal Liability Crisis
    Valparaiso University Law Review Volume 28 Number 3 Spring 1994 pp.867-918 Spring 1994 Proportionality: A Much-Needed Solution to the Accountants' Legal Liability Crisis Robert Mednick Jeffrey J. Peck Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Law Commons Recommended Citation Robert Mednick and Jeffrey J. Peck, Proportionality: A Much-Needed Solution to the Accountants' Legal Liability Crisis, 28 Val. U. L. Rev. 867 (1994). Available at: https://scholar.valpo.edu/vulr/vol28/iss3/3 This Article is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Mednick and Peck: Proportionality: A Much-Needed Solution to the Accountants' Legal Articles PROPORTIONALITY: A MUCH-NEEDED SOLUTION TO THE ACCOUNTANTS' LEGAL LIABILITY CRISIS* ROBERT MEDNICK" JEFFREY J. PECK- I. INTRODUCTION A fundamental precept of American jurisprudence is the apportionment of liability based on fault, with culpable parties paying their fair share of damages. As logical and fair as that proposition appears, it is increasingly the exception rather than the rule in some areas of litigation, particularly federal securities fraud litigation against certified public accountants. Achieving equitable outcomes by relating the degree of liability to the proportion of damages or settlements paid is nearly impossible in most such cases. By mandating joint and several liability, federal securities laws and some state laws encourage suits against "deep pocket" defendants, such as accounting firms, for the sole purpose of extracting settlements from those parties, regardless of their actual responsibility, if any, for the losses suffered.
    [Show full text]
  • Mark Thomas Bradshaw, Phd
    MARK THOMAS BRADSHAW, PHD, CPA Professor of Accounting and Chair of the Department Boston College Carroll School of Management Phone: 617.552.3831 140 Commonwealth Ave., Fulton 520 Fax: 617.552.6345 Chestnut Hill, MA 02467 Email: [email protected] EDUCATION 2000 Ph.D., Accounting, University of Michigan (Ann Arbor, MI); Dissertation: “The Articulation of Sell-Side Analysts’ Earnings Forecasts, Common Stock Valuations, and Investment Recommendations” 1995 M.Acc., Financial Accounting, University of Georgia (Athens, GA) 1989 B.B.A., Accounting, Summa Cum Laude and With Highest Honors, University of Georgia (Athens, GA) APPOINTMENTS 2016-present Boston College – Chairperson of the Department 2016-present Boston College – Professor of Accounting 2009-2016 Boston College – Associate Professor of Accounting 2008-2009 University of Chicago – Visiting Associate Professor of Business Administration 2005-2008 Harvard University – Associate Professor of Business Administration 2000-2005 Harvard University – Assistant Professor of Business Administration 1995-2000 University of Michigan – Doctoral Candidate 1994-1995 University of Georgia – Masters Candidate and Accounting Instructor TEACHING RESPONSIBILITIES Boston College 2014-present MBA program, Financial Accounting Core (ACCT7713) 2013 MBA program, Contemporary Topics in Financial Reporting (MA801) 2009-2014 Masters and MBA programs, Financial Statement Analysis (MA824) 2009-2014 Undergraduate program, Financial Statement Analysis (MA351) University of Chicago 2008-2009 MBA program, Financial
    [Show full text]