Contents
Contents
In the Waste Management accounting fraud case, the Securities and Exchange Commission alleged that former senior officers overstated pretax earnings by approximately $1.7 billion through expense avoidance, depreciation changes and reserve manipulation. A fixed-asset accountant would recognize the inputs: truck lives, salvage values, landfill costs and adjustments made after operating units closed their books.
The Commission’s announcement described a scheme running from 1992 through part of 1997. Its civil complaint named six former officers, including the chief executive, chief financial officer and chief accounting officer. The Commission alleged that revenue growth could not deliver management’s earnings targets, so executives removed or deferred expenses to make up the difference.
This page follows those accounting decisions through the Waste Management complaint, from operating records to the figures investors saw. Our broader page on reserves, impairment and asset values explains the estimate problem across companies. Here, the telling detail is the distance between the books in the field and the adjustments at headquarters.
Waste Management’s operating units depreciated trucks using an eight-year useful life and no salvage value, according to the Commission’s complaint. Headquarters used different assumptions: in 1993, a twelve-year life and a $30,000 salvage value. The Commission alleged that management calculated the resulting expense reduction centrally and kept the adjustment from the operating units.
According to the complaint, management repeatedly changed those assumptions for trucks, containers and equipment, always reducing depreciation expense. In the Commission’s account, the trucks got older while management raised what it said they would be worth at disposal.
The Commission alleged that the chief financial officer instructed a purchasing agent to produce a memorandum supporting a predetermined truck salvage value. According to the complaint, the memorandum reached the requested conclusion without empirical data or meaningful research. We call that ordering the answer with the memo.
A later study went the other way. According to the complaint, the operating subsidiary’s controller began a comprehensive review of vehicle, equipment and container lives and salvage values. When a January 1996 memorandum contradicted the company’s salvage values, the chief financial officer ordered the work stopped and the memorandum destroyed:
No additional work was ever performed on the project, and the memorandum was never provided to the auditors.
SEC v. Buntrock et al., Northern District of Illinois, No. 02C 2180, complaint, paragraph 51
For someone responsible for fixed assets, the useful comparison is between the assumptions used in the depreciation calculation, the operating evidence and the management decision about contrary findings. An approved number can tell a very different story from the study commissioned to support it.
The Securities and Exchange Commission alleged that Waste Management carried failed landfill-development costs as assets instead of recognizing the loss. Obtaining permits was essential to building or expanding a landfill, and the company accumulated those permitting costs while development continued. The complaint describes the point at which the accounting should have changed: when success became unlikely or management abandoned the project.
Instead, management allegedly moved costs from unsuccessful or abandoned projects to other sites. The complaint called transfers to permitted sites or other projects seeking permits basketing, and transfers from prematurely closed facilities bundling. The costs then remained in the surviving site’s accounts, spread over that site’s life. The project had failed. Its costs had found another address.
The operating reports told a less accommodating story. According to the complaint, senior executives received quarterly reports describing spending and rating projects’ likelihood of success, including projects classified as low probability or dead. An operating controller repeatedly raised the need to recognize losses. For a landfill accountant or project manager, the project-status report and the transfer entry could describe opposite futures for the same expenditure.
The Commission also alleged that the company failed to reduce landfill land values as the sites filled with waste. It described a separate interest-capitalization problem: the company kept adding interest to the cost of landfill areas already receiving waste, even though capitalization should have stopped when the asset was substantially ready for use.
The complaint also alleged that management capitalized overhead and other systems costs improperly, and directed that all claims submitted to a company-owned insurer be capitalized without examining whether the individual costs qualified. Across those accounts, costs that should have reduced current earnings instead remained assets.
Waste Management’s environmental reserves allegedly became another way to keep expenses out of current earnings. In acquisitions, management assigned inflated environmental liabilities based on the purchase price instead of the acquired business’s actual remediation obligations. The Commission alleged that executives used excess reserves from newly acquired companies to cover shortfalls at unrelated landfills.
The complaint also describes operating expenses charged against existing environmental reserves, and insufficient amounts recorded for income taxes and self-insured losses. Those choices pushed in different directions at the account level while serving the same earnings target. A reserve analyst may see the connection in the obligation being estimated, the assumptions used and the unrelated costs later charged against it.
A different alleged way of preserving asset values appeared in Celadon’s truck transactions. The SEC alleged that executives exchanged trucks at inflated prices, concealed impairment and withheld agreements from the outside auditor. The allegations against Waste Management turn on depreciation assumptions and deferred costs. Those against Celadon’s executives turn on transaction prices and agreements. Both give an accountant a concrete comparison between the support for an asset value and the value ultimately reported.
The Commission alleged that Waste Management used netting to offset approximately $490 million in current expenses and accumulated accounting errors against unrelated one-time gains. Gains from asset sales or exchanges absorbed costs that otherwise would have reduced operating earnings. In the Commission’s account, investors saw a healthier continuing business because the expenses had been buried in another transaction’s result.
Geography entries changed where expenses appeared on the income statement. According to the complaint, executives moved amounts between expense categories to improve reported operating margins and smooth quarterly trends. Someone reviewing only the final total could miss what the classification had done to the story told about the business.
The complaint describes arbitrary top-level adjustments used to meet internal earnings budgets or public projections in 14 of 21 quarters from the first quarter of 1992 through the first quarter of 1997. It also alleges that management searched reserve accounts after quarter-end for amounts it could reverse into income. Earlier inflated earnings became the floor for later targets, so each one-time adjustment needed a replacement in the next period. For consolidation staff, the critical trail runs from the operating units’ submitted results through the added entries, their approvals and the final disclosures to investors.
According to the Securities and Exchange Commission’s complaint, Arthur Andersen identified improper accounting practices, measured much of their effect and presented proposed adjusting journal entries to management. Management repeatedly refused to record those corrections. Yet the Commission alleged that the external auditor kept issuing clean audit reports.
The complaint describes a close connection between the auditor and management: until 1997, every chief financial officer and chief accounting officer in Waste Management’s public-company history had previously worked as an Andersen auditor. It also alleges that management capped audit fees while offering the firm additional consulting work.
The Commission alleged that management and Andersen instead agreed to a Summary of Action Steps that spread accumulated corrections over future periods and changed accounting practices prospectively. Management then failed to carry them out because the corrections would interfere with earnings targets, according to the complaint.
The complaint also alleged that the audit committee never received the agreement, despite senior executives’ attendance at its meetings. The proposed entry, management’s response and the documents actually given to the committee tell distinct parts of the story.
Waste Management’s February 1998 restatement corrected previously reported earnings across 1992 through 1996 and the first three quarters of 1997, according to the Commission’s complaint. The complaint also describes approximately $190 million in understated income-tax expense.
The Commission’s account traces the review to a new chief executive who ordered an examination of the company’s accounting in mid-1997. It says the restatement revised every accounting practice identified in the earlier Action Steps. The correction to the financial statements finally reached practices management had already agreed to change.
The complaint separately describes more than $6 billion in shareholder market-value losses as the overstatement became public. Pension funds, mutual funds and individual retirement accounts were among the investors the Commission described as losing value.
Catching accounting fraud means connecting the reported result to the records behind it and the people who approved it. Waste Management’s complaint makes that comparison unusually specific: operating-unit depreciation against headquarters assumptions, project-status reports against capitalized costs, and audit corrections against the entries management actually posted. We develop the evidence connecting those records and decisions with the person who knows what each one meant inside the business.
The fixed-asset register shows which assets the calculation covers. Historical operating data, estimate versions, adjustment schedules and approvals can show how a number changed. Close records and report versions connect that change to what investors were told. For someone who raised a concern, the response and the next version of the calculation may be as revealing as the original discrepancy.
The 2018 study The Significance of Whistleblowing as an Anti-Fraud Measure, published in the Journal of Forensic & Investigative Accounting, examined fraud-examiner data and found that whistleblowers detected 1,774 of 4,943 frauds with complete data. It was the most common detection method in that sample. An accountant who can explain what a changed estimate concealed brings something beyond the published financial statement.
Whistleblowing in accounting brings knowledge of misleading financial reporting to people who can act on it. If you learned about the conduct through audit or compliance responsibilities, we work through your role and how you obtained the information with you. Your knowledge of the calculation and the company’s response belongs at the center of that conversation.
An SEC action with sanctions over $1 million can pay whistleblowers 10% to 30% of what is collected. We help assess how the accounting evidence supports a securities fraud report and bring in SEC whistleblower lawyers who understand financial-reporting cases.
A separate line of research looks at incentives where government money is involved. The March 2019 working paper Do Corporate Whistleblower Laws Deter Accounting Fraud?, hosted by MIT Sloan, studied companies held by state pension funds as states adopted False Claims Acts. It estimated a 5% to 9% reduction in accounting-fraud likelihood among exposed companies. A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers.
If your depreciation schedule, landfill review or reserve analysis tells a different story from the published accounts, tell our whistleblower experts what changed and who approved it. We build your strongest securities fraud whistleblower case around that knowledge, bring in accounting fraud whistleblower lawyers and stay alongside you as the evidence becomes a case the SEC can pursue.