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Wednesday, May 6, 2020

Case Analysis Of ST Marine Free Samples †MyAssignmenthelp.com

Question: Discuss about the ST Marine Case Analysis. Answer: Introduction The case is about account falsification of S$48,887 by the former senior vice-president (finance) and group financial controller of Singapore Technologies (ST) Marine group. Ong Teck Liam (vice president) and other four top executives pleaded guilty to several charges. The court learned that this practice was carried out to facilitate the payment of bribes to the employees of ST Maritime customers. This report examines the case and lists of the issues while justifying them. An in-depth explanation of each problem is provided and research journals used to justify the actions as illegal, question the activities and offers conceivable alternative resolutions. Section one deals with case analysis and three issues in the case are identified and justified namely accounting fraud, employee bribery and abuse of power. Recommendations are then made for each of the problems identified. Case Analysis The issues in the case can be summarised into three, namely, accounting fraud/falsification of accounts, bribing of employees for favors in business and abuse of power or authority. Accounting Fraud Accounting fraud is the process by which accounting experts employ their knowledge to manipulate the figures in the account books (Jones, 2011). According to Bebbington et al. (2014), the process of accounting in its nature demands the execution of varied motives and ideas. It is from this diversity that manipulation arises, falsehood and fabrication at some less trustworthy accounting staff. According to Section 477A of the penal code of the Singapore constitution, falsification of accounts is deemed as accounting fraud. An account can be any book, writing, or any security of value. Accounting fraud takes place when there is a breach in the financial system of an organization such that the fraud is not easily detected (Sharma, Panigrahi, 2013). Also, the scam usually involves more than one person because any financial transaction or approval must undergo a process which involves various financial managers vested with different authorities. In the case under study, the account falsification was carried out by the vice-president of finance by signing a set of bogus cheques falsified as refunds to the employees for the entertainment expenses which were never incurred in reality. The reason for the falsification of the accounts was to siphon money from the company and to bribe the employees of ST Marines customers. This act amounts to accounting fraud and the vice president (finance), Ong, is guilty of the offense. To make matters worse, she had detected this irregularity when she was first employed at ST Marine, Ong was asked to sign cash cheques which had no supporting receipts, and when she questioned her staff in the finance department, she was notified of the illegality and that it had become a tradition. She agreed to join the status quo and proceeded with false processing claims after hearing that former senior executives had practiced the irregularity for over 12 years. She was even given a document on how to secre tly forge the claims without notice. Other officials that negotiated and paid the cash bribes did so under the permission of the executive management of ST Marine such as the former chief operating officer Han Kwang; ST Marine president See Teck among others. The management should have fraud detection methods in place, and they should be visible to all the staff. According to Omar et al. (2016), the visibility of the control methods to the employees helps to prevent fraudulent behaviors. The organization should adopt multiple reporting mechanisms as a way of detecting and preventing fraud (Stubbs, Higgins, 2014). Thus, the HR department needs to restructure the organizations reporting structure to accommodate multiple report mechanisms. Bribing of employees. Bribery is an act where corrupt dealings are carried out with employees of potential contractors or customers with the aim of securing a commercial advantage over competitors (Ameyaw et al., 2012). Cases of bribery have become common in the current competitive and financial crisis market where each organization is ready to go for any miles including engaging in illegalities to ensure that they remain competitive in the market and perform the best. Bribery is another form of corruption, an act that is illegalized by all nations in the world because it weakens the markets and welfare, and makes the leadership, institutions, and businesses to appear distrustful (Brammer, Walker, 2011). Cheung, Rau, Stouraitis, (2012) assert that bribe allegations can take different forms depending on the nature of the business and are deemed by firms as the sure shortcut to company development and success. In the case of account falsification in Singapore, employees of ST Marine customers were bribed so that they could award contracts for ship repair, building, or conversion services. This also compromises the procedure that is required in the awarding of contracts, where all the bidders are evaluated, and the winner is awarded by qualification only. The ship repair contracts were awarded because the employees of the customer company had been compromised through a bribe. Thus ST Marine gained an unfair advantage over their competitors hence amounting to a crime punishable in any court of law. Just like Cheung, Rau, Stouraitis, (2012) note that firms engage in bribes for the award of contracts for more significant benefits, ST Marine is an example to that effect. The court found out that ST Marine had spent a minimum of S$24.9 million in bribes for over twelve years. This is evidence that the company was gaining from its practice of bribing even though it was illegal. The verdict of the court of law on Ong guilty for accounting fraud and facilitating bribe alongside four other s enior executives is proof of the illegality of their actions. To stop the culture of employee bribery at ST Marine which has been fostered for long, the organization needs to create a transparent and open process of contract acquisition. The HR team should modify the policies on the procurement process after serious scrutiny to detect any loopholes. Armstrong Taylor (2014) reasons that organizational policies on procurement serve to prevent any gaps where only a few people are involved in the process. The human resource department should also encourage awareness of the code of ethics at the workplace (Bishop, 2013). The HR management should organize seminars and workshops to sensitize the employees of these ethics. Abuse of power Abuse of power is an act that is practiced by those of higher authorities at the workplace and is regarded as a crime (Rosenblatt, 2012). Abuse of authority can take place in different forms depending on the situation (Bartling, Fehr, Schmidt, 2013). Abuse of power can be defined as taking advantage of the vested powers and misusing them for vested interest. In the case, the allegations of account falsification are perpetrated by senior executive officers of ST Marine who include the senior vice-president of finance, the former chief operating officer, Aerospace president among others. Ong who was the vice-president (finance) is the one vested with the authority of approving any financial expenses and without her signature, no money can be released. This is the same case with other senior management officials implicated in the case. The document on how to manipulate figures in the finance department was presented to Ong after she suspected some illegality in the cash cheques she was to approve. She as informed that the former chief operating officer used to authorize the disbursement of such fictitious claims. This, therefore, implies that the culture of accounting fraud was initiated and propelled by those in power whose responsibility was to prevent such issues from taking place. According to Wells (2013), it is the senior management that is usually in the forefront in the cases of briberies for the award of contracts because they would want the organizations they are heading to perform and this way serves to be a quicker method. The issue of misuse of power in the case is a result of the lack of efficient and effective audit by the board of directors. To curb any possibility of this issue arising again, ST Marine should set a reporting system where all the staff in the organization are made aware of the fraud risk policy and the associated consequences (Joseph et al., 2015). The human resource management should organize for a routine awareness campaign in addition to sticking organizational values at common meeting places to continually remind the employees of what is expected of them. The organization should also implement internal controls that will ensure the safety of accounting records. This can be done by segregating duties in the finance department so that not a single individual can ratify a financial transaction (Adetoso et al., 2013). Recommendations The issue surrounding the case of ST Marine for over 12 years now is an ethical issue that requires the establishment and development of an ethical culture. Goetsch, Davis (2014) observes that ethics management process is the central role of the HR department in collaboration with other departments. Bishop (2013) opines that organizational commitment and codes of conduct are dependent on the established corporate culture. Thus it is essential in the case of ST Maritime to build an ethical culture in order to deal with the cause of the issues. a strategic human resource management (SHRM) that is ideal for ST Maritime is one that will establish and develop an ethical culture. This SHRM will first assess ethics risks and opportunities that exist in the company, then develop and revise the existing code of ethics and processes accordingly. After ascertaining the missing link, then the next step is to integrate the new and modified ethical standards. Lastly, the SHRM system is to develop a report and disclose structure that will allow effective reporting of any breach in the established organizational code of ethics and procedures, as illustrate below. Conclusions The issues in the case were generally as a result of lack of ethical conduct among the management and consequently the employees. The specific problems include accounting fraud, abuse of power, and bribery. Therefore, the solution to these problems will require the involvement of the HR department since they are primarily ethical issues. The management should adopt fraud detection methods such as multiple reporting mechanisms, take a transparent and open process of contract acquisition and notify the employees of the policies on the procurement process and the penalty in case of a breach. References Adetoso, J., Oladejo, K., Akesinro, A. S. (2013). Effectiveness of internal auditor in controlling fraud and other financial irregularities in private universities in south-west, Nigeria. Research Journal of Finance and Accounting, 4(13), 106-110. Ameyaw, C., Mensah, S., Osei-Tutu, E. (2012). Public procurement in Ghana: the implementation challenges to the public procurement law 2003 (Act 663). International Journal of Construction supply chain management, 2(2), 55-65. Armstrong, M., Taylor, S. (2014). Armstrong's handbook of human resource management practice. Kogan Page Publishers. Bartling, B., Fehr, E., Schmidt, K. M. (2013). Jeea-Fbbva Lecture 2012: Use and Abuse of Authority: A Behavioral Foundation of the Employment Relation. Journal of the European Economic Association, 11(4), 711-742. Bebbington, J., Unerman, J., O'Dwyer, B. (Eds.). (2014). Sustainability accounting and accountability. Routledge. Bishop, W. H. (2013). The role of ethics in 21st century organizations. Journal of Business Ethics, 118(3), 635-637. Brammer, S., Walker, H. (2011). Sustainable procurement in the public sector: an international comparative study. International Journal of Operations Production Management, 31(4), 452-476. Cheung, Y. L., Rau, P. R., Stouraitis, A. (2012). How much do firms pay as bribes and what benefits do they get? Evidence from corruption cases worldwide (No. w17981). National Bureau of Economic Research. Goetsch, D. L., Davis, S. B. (2014). Quality management for organizational excellence. Upper Saddle River, NJ: pearson. Jones, M. (Ed.). (2011). Creative accounting, fraud and international accounting scandals. John Wiley Sons. Joseph, O. N., Albert, O., Byaruhanga, J. (2015). Effect of Internal Control on Fraud Detection and Prevention in District Treasuries of Kakamega County. Int. J. Bus. Manag. Invent, 4(1), 47-57. Omar, M., Nawawi, A., Puteh Salin, A. S. A. (2016). The causes, impact and prevention of employee fraud: A case study of an automotive company. Journal of Financial Crime, 23(4), 1012-1027. Rosenblatt, V. (2012). Hierarchies, power inequalities, and organizational corruption. Journal of Business Ethics, 111(2), 237-251. Sharma, A., Panigrahi, P. K. (2013). A review of financial accounting fraud detection based on data mining techniques. arXiv preprint arXiv:1309.3944. Stubbs, W., Higgins, C. (2014). Integrated reporting and internal mechanisms of change. Accounting, Auditing Accountability Journal, 27(7), 1068-1089. Wells, J. (2013). Corruption and collusion in construction: A view from the industry. Corruption, grabbing and development: real world challenges. ISBN: 7781782544401 D, 1, 23-24.

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