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List of companies that conspire to defraud shareholders
Sure
#1 Posted : Thursday, November 24, 2011 9:42:20 AM
Rank: Member


Joined: 9/9/2010
Posts: 546
Location: Garissa
CMC is under investigation. So, we are yet to see the last of it.

Which other quoted companies at the stock market do we need to be wary of?

Someone suggested Sasini, Sameer and Neveready either because they share a common leading shareholder or he had vested interest in them. But some adequate data or information needs to be discussed before a clearer picture emerges.

Audit firms which have dealt with conniving companies should also be named and shamed. Deloitte has already lost its reputation for not seeing the rot in CMC. They received payments yr in yr out for incompetent auditing jobs at the company either because they were sharing in the loot or turned a blind eye in order to retain the contract with the company.

Holy shit, why would anyone pay millions of shillings to an auditor who cannot even smell a rat? It means the firm is a rat itself. Hopeless case.

In the history of the stock market, has any auditor ever blown the whistle to warn shareholders that the company under scope is being bled by directors or management?

Pricewaterhouse failed to warn shareholders about Uchumi's demise. I have been trying to get the last Financial report to see if they stated that Uchumi was a going concern for the next one or so years. Anyone with a copy?

One suspect I have to present a case against is KK. With Bicholas having initially been a serious owner of the company (that guy could be as dirty as the bull of Auckland) and current duo Chairmanship and CEO status of one Sacob Jegman, they must be having a Vise Grip on the company and no shareholder can know who pees in the corner office.

CMA, you have to wake up like yesterday. But with Gatabaki pretending to be a strict enforcer, (Remember he was ousted from HF for inefficiency and strong headedness) nothing much will come out of it as he is part and parcel of the baggage that is the dirty old men of corporate Kenya.
Wisdom to detect when share prices hit rock bottom.
When interest on bonds keep going up, you know the bear run is on high street. When interest on bonds start leveling, the bear has met the bull and they have hit rock bottom. When the interest rates on bonds start coming down, the bull has overpowered the bear and you better be riding the bull.
accelriskconsult
#2 Posted : Thursday, November 24, 2011 10:02:17 AM
Rank: Member


Joined: 4/2/2011
Posts: 629
Location: Nai
Sure wrote:
CMC is under investigation. So, we are yet to see the last of it.

Which other quoted companies at the stock market do we need to be wary of?

Someone suggested Sasini, Sameer and Neveready either because they share a common leading shareholder or he had vested interest in them. But some adequate data or information needs to be discussed before a clearer picture emerges.

Audit firms which have dealt with conniving companies should also be named and shamed. Deloitte has already lost its reputation for not seeing the rot in CMC. They received payments yr in yr out for incompetent auditing jobs at the company either because they were sharing in the loot or turned a blind eye in order to retain the contract with the company.

Holy shit, why would anyone pay millions of shillings to an auditor who cannot even smell a rat? It means the firm is a rat itself. Hopeless case.

In the history of the stock market, has any auditor ever blown the whistle to warn shareholders that the company under scope is being bled by directors or management?

Pricewaterhouse failed to warn shareholders about Uchumi's demise. I have been trying to get the last Financial report to see if they stated that Uchumi was a going concern for the next one or so years. Anyone with a copy?

One suspect I have to present a case against is KK. With Bicholas having initially been a serious owner of the company (that guy could be as dirty as the bull of Auckland) and current duo Chairmanship and CEO status of one Sacob Jegman, they must be having a Vise Grip on the company and no shareholder can know who pees in the corner office.

CMA, you have to wake up like yesterday. But with Gatabaki pretending to be a strict enforcer, (Remember he was ousted from HF for inefficiency and strong headedness) nothing much will come out of it as he is part and parcel of the baggage that is the dirty old men of corporate Kenya.



As already discussed elsewhere in Wazua, there is no audit procedure that Deloitte could have carried out to uncover offshore bank accounts that were not in the CMC's books of accounts.
Kihangeri
#3 Posted : Thursday, November 24, 2011 10:18:05 AM
Rank: User


Joined: 11/10/2010
Posts: 550
Location: Junction
accelriskconsult wrote:

As already discussed elsewhere in Wazua, there is no audit procedure that Deloitte could have carried out to uncover offshore bank accounts that were not in the CMC's books of accounts.


Are you defending the thugs?

When you do auditing, the results are used to give a clear picture of the status of a company financially. For example, they should have highlighted the fact that the company was leaking cash from uncompetitive logistics and supply contracts.

If you look at the books, the obvious picture that would emerge when you sell more cars is better profits. Instead, even after selling 150 Passats, the idiots did not reflect an appreciation in profits. Why?

That is when the auditors would have informed shareholders that they could not guarantee the company to be a going concern as it was leaking from the rear end, front and under. Tell tail signs are always there. If they can steal from the source of the vehicles, what would stop them from stealing from the selling point and by extension other funds made available to them by shareholders locally?
By inference, the man is all that Mr Phantom is not: an untrustworthy radical, divisive, too many enemies, a dictator, and a persistent liar...
Gaitho dialogues.


gathinga
#4 Posted : Thursday, November 24, 2011 10:35:12 AM
Rank: Veteran


Joined: 11/30/2006
Posts: 635
accelriskconsult wrote:
Sure wrote:
CMC is under investigation. So, we are yet to see the last of it.

Which other quoted companies at the stock market do we need to be wary of?

Someone suggested Sasini, Sameer and Neveready either because they share a common leading shareholder or he had vested interest in them. But some adequate data or information needs to be discussed before a clearer picture emerges.

Audit firms which have dealt with conniving companies should also be named and shamed. Deloitte has already lost its reputation for not seeing the rot in CMC. They received payments yr in yr out for incompetent auditing jobs at the company either because they were sharing in the loot or turned a blind eye in order to retain the contract with the company.

Holy shit, why would anyone pay millions of shillings to an auditor who cannot even smell a rat? It means the firm is a rat itself. Hopeless case.

In the history of the stock market, has any auditor ever blown the whistle to warn shareholders that the company under scope is being bled by directors or management?

Pricewaterhouse failed to warn shareholders about Uchumi's demise. I have been trying to get the last Financial report to see if they stated that Uchumi was a going concern for the next one or so years. Anyone with a copy?

One suspect I have to present a case against is KK. With Bicholas having initially been a serious owner of the company (that guy could be as dirty as the bull of Auckland) and current duo Chairmanship and CEO status of one Sacob Jegman, they must be having a Vise Grip on the company and no shareholder can know who pees in the corner office.

CMA, you have to wake up like yesterday. But with Gatabaki pretending to be a strict enforcer, (Remember he was ousted from HF for inefficiency and strong headedness) nothing much will come out of it as he is part and parcel of the baggage that is the dirty old men of corporate Kenya.



As already discussed elsewhere in Wazua, there is no audit procedure that Deloitte could have carried out to uncover offshore bank accounts that were not in the CMC's books of accounts.



This is not entirely factual
Every external auditor has a duty to do a industry/sector comparison of the company they are auditing. For the case of CMC, what are the industry rates for rebates/supplier discounts. If Deloitte had done this, they would have discovered that CMC has much lower margins compared with peers in the industry, indicating poor negotiation of collusion with suppliers and management.

With this line, TOTAL is the other culprit where shareholders are being shafted. How are they reporting losses while their peers(KK) is reporting supernormal profits growth even for the kenya business segment? Same operating environment. and looking at their margins, something isn't straight with TOTAL'S books. And who are their auditors?



2012
#5 Posted : Thursday, November 24, 2011 10:39:24 AM
Rank: Elder


Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
Sure wrote:
Holy shit, why would anyone pay millions of shillings to an auditor who cannot even smell a rat?


Maybe they are paid to close their nose if you know what I mean.

BBI will solve it
:)
simonkabz
#6 Posted : Thursday, November 24, 2011 11:58:36 AM
Rank: Elder


Joined: 3/2/2007
Posts: 8,776
Location: Cameroon
Define Auditing.....(I thought detection of fraud aint their objective)
TULIA.........UFUNZWE!
accelriskconsult
#7 Posted : Thursday, November 24, 2011 11:58:58 AM
Rank: Member


Joined: 4/2/2011
Posts: 629
Location: Nai
gathinga wrote:
accelriskconsult wrote:
Sure wrote:
CMC is under investigation. So, we are yet to see the last of it.

Which other quoted companies at the stock market do we need to be wary of?

Someone suggested Sasini, Sameer and Neveready either because they share a common leading shareholder or he had vested interest in them. But some adequate data or information needs to be discussed before a clearer picture emerges.

Audit firms which have dealt with conniving companies should also be named and shamed. Deloitte has already lost its reputation for not seeing the rot in CMC. They received payments yr in yr out for incompetent auditing jobs at the company either because they were sharing in the loot or turned a blind eye in order to retain the contract with the company.

Holy shit, why would anyone pay millions of shillings to an auditor who cannot even smell a rat? It means the firm is a rat itself. Hopeless case.

In the history of the stock market, has any auditor ever blown the whistle to warn shareholders that the company under scope is being bled by directors or management?

Pricewaterhouse failed to warn shareholders about Uchumi's demise. I have been trying to get the last Financial report to see if they stated that Uchumi was a going concern for the next one or so years. Anyone with a copy?

One suspect I have to present a case against is KK. With Bicholas having initially been a serious owner of the company (that guy could be as dirty as the bull of Auckland) and current duo Chairmanship and CEO status of one Sacob Jegman, they must be having a Vise Grip on the company and no shareholder can know who pees in the corner office.

CMA, you have to wake up like yesterday. But with Gatabaki pretending to be a strict enforcer, (Remember he was ousted from HF for inefficiency and strong headedness) nothing much will come out of it as he is part and parcel of the baggage that is the dirty old men of corporate Kenya.



As already discussed elsewhere in Wazua, there is no audit procedure that Deloitte could have carried out to uncover offshore bank accounts that were not in the CMC's books of accounts.



This is not entirely factual
Every external auditor has a duty to do a industry/sector comparison of the company they are auditing. For the case of CMC, what are the industry rates for rebates/supplier discounts. If Deloitte had done this, they would have discovered that CMC has much lower margins compared with peers in the industry, indicating poor negotiation of collusion with suppliers and management.

With this line, TOTAL is the other culprit where shareholders are being shafted. How are they reporting losses while their peers(KK) is reporting supernormal profits growth even for the kenya business segment? Same operating environment. and looking at their margins, something isn't straight with TOTAL'S books. And who are their auditors?




Kihangeri and Gathige si kwa ubaya but I am speaking as an expert on this matter. The external auditors' sole responsibility in expressing an opinion is to state whether a company's books of accounts are free of material misstatement.

The responsibility to ensure that shareholders are not shafted rests with the board of directors. The board of directors can of course delegate this responsibility to internal auditors (who would be expected to discover that a company was being overcharged and do something about it).
gathinga
#8 Posted : Thursday, November 24, 2011 12:26:26 PM
Rank: Veteran


Joined: 11/30/2006
Posts: 635
accelriskconsult wrote:
gathinga wrote:
accelriskconsult wrote:
Sure wrote:
CMC is under investigation. So, we are yet to see the last of it.

Which other quoted companies at the stock market do we need to be wary of?

Someone suggested Sasini, Sameer and Neveready either because they share a common leading shareholder or he had vested interest in them. But some adequate data or information needs to be discussed before a clearer picture emerges.

Audit firms which have dealt with conniving companies should also be named and shamed. Deloitte has already lost its reputation for not seeing the rot in CMC. They received payments yr in yr out for incompetent auditing jobs at the company either because they were sharing in the loot or turned a blind eye in order to retain the contract with the company.

Holy shit, why would anyone pay millions of shillings to an auditor who cannot even smell a rat? It means the firm is a rat itself. Hopeless case.

In the history of the stock market, has any auditor ever blown the whistle to warn shareholders that the company under scope is being bled by directors or management?

Pricewaterhouse failed to warn shareholders about Uchumi's demise. I have been trying to get the last Financial report to see if they stated that Uchumi was a going concern for the next one or so years. Anyone with a copy?

One suspect I have to present a case against is KK. With Bicholas having initially been a serious owner of the company (that guy could be as dirty as the bull of Auckland) and current duo Chairmanship and CEO status of one Sacob Jegman, they must be having a Vise Grip on the company and no shareholder can know who pees in the corner office.

CMA, you have to wake up like yesterday. But with Gatabaki pretending to be a strict enforcer, (Remember he was ousted from HF for inefficiency and strong headedness) nothing much will come out of it as he is part and parcel of the baggage that is the dirty old men of corporate Kenya.



As already discussed elsewhere in Wazua, there is no audit procedure that Deloitte could have carried out to uncover offshore bank accounts that were not in the CMC's books of accounts.



This is not entirely factual
Every external auditor has a duty to do a industry/sector comparison of the company they are auditing. For the case of CMC, what are the industry rates for rebates/supplier discounts. If Deloitte had done this, they would have discovered that CMC has much lower margins compared with peers in the industry, indicating poor negotiation of collusion with suppliers and management.

With this line, TOTAL is the other culprit where shareholders are being shafted. How are they reporting losses while their peers(KK) is reporting supernormal profits growth even for the kenya business segment? Same operating environment. and looking at their margins, something isn't straight with TOTAL'S books. And who are their auditors?




Kihangeri and Gathige si kwa ubaya but I am speaking as an expert on this matter. The external auditors' sole responsibility in expressing an opinion is to state whether a company's books of accounts are free of material misstatement.

The responsibility to ensure that shareholders are not shafted rests with the board of directors. The board of directors can of course delegate this responsibility to internal auditors (who would be expected to discover that a company was being overcharged and do something about it).


acel. thanks for this. In today's business world, we sign all kinds of disclaimers to protect our interests. Sometimes we cant escape moral blame even by flashing those disclaimers. this case is one of those

The auditors responsibility includes 'assessing the risk of material misstatement of financial statements, whether due to fraud or error. In the CMC case, the indicators of possible misstatement in the books were so open, only the auditors could not see them.

The best way out for the auditors would have been to fall to the 'excuse' of limitation of scope in obtaining the information they required to form an opinion.

Why did they not report about the conflict of interest between the BOD and senior mgt. The CEO son was also an MD of one of the subsidiaries!
2012
#9 Posted : Thursday, November 24, 2011 12:42:58 PM
Rank: Elder


Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
simonkabz wrote:
Define Auditing.....(I thought detection of fraud aint their objective)


So their work is to rubber stamp whatever they are told?

BBI will solve it
:)
Kihangeri
#10 Posted : Thursday, November 24, 2011 1:13:54 PM
Rank: User


Joined: 11/10/2010
Posts: 550
Location: Junction
2012 wrote:
simonkabz wrote:
Define Auditing.....(I thought detection of fraud aint their objective)


So their work is to rubber stamp whatever they are told?


And lick the directors rear end if asked to do so?

Detection and Prevention of Frauds: Frauds are always committed deliberately and intentionally to defraud the proprietors of the organization. If the frauds remain undetected, they may affect the opinion of the auditor on the financial condition and the working results of the organization. It is, therefore, necessary that the auditor should exercise utmost care to detect such frauds.

Now that Pricewaterhouse is auditing CMC records, what is the objective? Ask Bill Lay and he will tell you.

Africans are inherently disadvantaged in seeing reality for what it is.
By inference, the man is all that Mr Phantom is not: an untrustworthy radical, divisive, too many enemies, a dictator, and a persistent liar...
Gaitho dialogues.


Ngogoyo
#11 Posted : Thursday, November 24, 2011 1:41:24 PM
Rank: Member


Joined: 6/22/2011
Posts: 561
Location: House

@Kihangiri-stop lowering your guard, u are an american are u????$ The letter of engagement clearly states what a company wants the auditor to undertake. In most audits fraud detection is not part of the engagement/objective. The duty to detect fraud rests with the Big Cats-read Directors and has never been delegated to the auditors not unless they are carrying out INVESTIGATIVE AUDIT
anika66
#12 Posted : Thursday, November 24, 2011 2:10:07 PM
Rank: Member


Joined: 2/25/2010
Posts: 158
This debate is very interesting. However as a student of fraud investigations, i can assure you that it is very difficult to detect frauds that are done outside the normal business records. External auditors work with what is provided to them by the management. If management connive to falsefy financial statements that are used by auditors to audit the company, how will it unearth any fraud? In most cases, it is insiders who unravel fraud. You can research all fraudulent activities unearthed in recent times, its insiders who blow the whistle like happened in the case of CMC. The incoming CEO blew the whistle, he is the unsang hero in this story. If we can have more insiders with integrity blowing the whistle on unsavory conduct then we will be able to fight fraud that is being perpetrated against shareholders and other stakeholders. Fraud is rive in Kenya, both in public and private sector. We need to join hands to fight it. My take on all this is, we need to introduce a law that gives incentives to insiders (both in private and public sectors) to blow whistles against fraud. A good case study is USA which has a law that rewards people who unearth fraud. Many people even make a living out of this business
Keeping it all in the family
Obi 1 Kanobi
#13 Posted : Thursday, November 24, 2011 2:12:53 PM
Rank: Elder


Joined: 7/23/2008
Posts: 3,017
The problem with many shareholder's is that they have never understood the role of auditors.

Auditors express their opinon on whether "the financial statements are materially mistated", their work is not to detect fraud, simply because the procedures they apply are not capable of doing so. Auditors opinion is based on materiality which in many cases is a very big number. This means that should they detect problems below this numbers, they can report this to management/directors, but are not allowed to disclose the same to the shareholders.

But more importantly because a statutory audit is more of a post morterm, the correct controls required to safe guard a company are the preventive one's which are supposed to be implementd by directors and management.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
accelriskconsult
#14 Posted : Thursday, November 24, 2011 2:28:06 PM
Rank: Member


Joined: 4/2/2011
Posts: 629
Location: Nai
Kihangeri wrote:
2012 wrote:
simonkabz wrote:
Define Auditing.....(I thought detection of fraud aint their objective)


So their work is to rubber stamp whatever they are told?


And lick the directors rear end if asked to do so?

Detection and Prevention of Frauds: Frauds are always committed deliberately and intentionally to defraud the proprietors of the organization. If the frauds remain undetected, they may affect the opinion of the auditor on the financial condition and the working results of the organization. It is, therefore, necessary that the auditor should exercise utmost care to detect such frauds.

Now that Pricewaterhouse is auditing CMC records, what is the objective? Ask Bill Lay and he will tell you.

Africans are inherently disadvantaged in seeing reality for what it is.


1. PwC are carrying out a forensic investigation also known as a forensic audit which is different from a statutory audit.

2. Someone here claims that there was obvious misstatement of financial statements that the auditors did not detect. I say no, there was none. The management of the company agreed to pay whatever it paid Andy Forwarders, inflated or not. As long as the payments to Andy Forwarders were accurately recorded on the financial statements, that does not represent misstatement of financial statements.

Sasha
#15 Posted : Thursday, November 24, 2011 3:11:30 PM
Rank: Veteran


Joined: 9/5/2007
Posts: 627
How would an auditor uncover a fraud being perpetrated by directors of a company? Directors who appointed the auditor and whose responsibility it is to avail the financial statements to be audited? What should be made clear is this:

1. It is the responsibility of the company to prepare the financial statements and make sure they reveal the true financial position of the company. Due diligence here is exercised by the directors, not the auditors. If the service provider is overcharging the company, the prerogative is with the management to compare such charges with other service providers and rectify the position.

2. The auditor's work is to review the financial statements as & when availed by the company. The auditor will design tests that will check the integrity of the figures in the statements. As long as the figures are supported (LPOs, invoices, DNs, 3.0), the auditor has no further work. Where there are queries, the auditor will raise the issue with the company for explanation. If a good explanation is not forthcoming, they auditor can qualify the accounts.

3. The auditor does not go into comparing invoices of service providers to check whether the charges are fair. That is the work of the company's accountants & management as stated above and laying the blame of overcharged services on an auditor is very far-fetched!

So for all you saying that an audit firm (whether PwC or Deloitte) are culpable in any way in the CMC or Uchumi issues, you could not be more wrong. As already said by many people, an external auditor cannot unearth a fraud that was done off the records or, as in the case of CMC, where all transactions are well supported (despite the overcharging)!
jguru
#16 Posted : Thursday, November 24, 2011 3:20:53 PM
Rank: Veteran


Joined: 10/25/2007
Posts: 1,574
2012 wrote:
Sure wrote:
Holy shit, why would anyone pay millions of shillings to an auditor who cannot even smell a rat?


Maybe they are paid to close their nose if you know what I mean.


The Auditors usually have both hands inside the cookie jar. smile They are involved in the corruption.
Set out to correct the world's wrongs and you will most certainly wind up adding to them.
Thiong'o
#17 Posted : Thursday, November 24, 2011 3:30:03 PM
Rank: Member


Joined: 10/14/2011
Posts: 661
jguru wrote:
2012 wrote:
Sure wrote:
Holy shit, why would anyone pay millions of shillings to an auditor who cannot even smell a rat?


Maybe they are paid to close their nose if you know what I mean.


The Auditors usually have both hands inside the cookie jar. smile They are involved in the corruption.


THE BOTTOM LINE

Auditor ‘watchdog’ not ‘bloodhound’

http://www.thebottomline...ticle&articleid=317
Gathige
#18 Posted : Thursday, November 24, 2011 3:35:13 PM
Rank: Elder


Joined: 3/29/2011
Posts: 2,242
It is purely the responsibility of management to ensure adequate controls are in place to safeguard an entity's assets. Unearthing scams created by management is no auditors business. Your guess is as good as mine of what would have happened had the CMC MD been given time to clear his desk! The file the safe would never have been found!

"Things that matter most must never be at the mercy of things that matter least." Goethe
mkonomtupu
#19 Posted : Thursday, November 24, 2011 3:42:33 PM
Rank: Veteran


Joined: 2/10/2010
Posts: 1,001
Location: River Road
interesting debate, in my view audited accounts add very value when valuing a company. I have seen my accountant cook books the auditors didn't notice the glaring errors and of course he takes them out for lunch. It's always upon the investor to put a true value to an investment, it's a risk that's why you invest in a company you understand. if you are purchasing land you don't go to the government valuer to give you report, you must do the due diligence yourself, check the property if it has squatters.
slykat
#20 Posted : Thursday, November 24, 2011 8:42:55 PM
Rank: Member


Joined: 2/20/2007
Posts: 359
And what do we learn from this informative discussion?

Steer clear of companies run and managed by appointees of one-wo/man shows or by a small clique of friends (or foreigners), or family business. Stick to huge companies not controlled by any one person, clique or family, in which case there will definitely be whistle blowing if something untoward happens.

To my layman mind therefore, companies that fall under such x categories may include ACCS, TCL, Uchumi, EACBL, Olympia, Sameer companies, Total and Safcom and Unga (for price transfers), and to some extend, Centum. Etc. Am not suggesting there is wrong-doing there, just that if there were, it would be near impossible to find out.
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