Case Study: Tyco international fraud
Tyco Background
Tyco International has operations in over 100 countries and claims to be the world's largestmaker and servicer of electrical and electronic components; the largest designer and maker of undersea telecommunications systems; the larger maker of fire protection systems and electronicsecurity services; the largest maker of specialty valves; and a major player in the disposablemedical products, plastics.Edward Breen, who replaced kozlowski removed nine members of Tyco¶s international board, and adhesives markets. Since 1986, Tyco has claimed over 40 major acquisitions as well as many minor acquisitions.
How the Fraud Happened
According to the Tyco Fraud Information Center, an internal investigation concluded that therewere accounting errors, but that there was no systematic fraud problem at Tyco. So, what didhappen? Tyco's former CEO Dennis Kozlowski, former CFO Mark Swartz, and former GeneralCounsel Mark Belnick were accused of giving themselves interest-free or very low interest loans(sometimes disguised as bonuses) that were never approved by the Tyco board or repaid. Someof these "loans" were part of a "Key Employee Loan" program the company offered. They werealso accused of selling their company stock without telling investors, which is a requirementunder SEC rules. Koslowski, Swartz, and Belnick stole $600 million dollars from TycoInternational through their unapproved bonuses, loans, and extravagant "company" spending.Rumors of a $6,000 shower curtain, $2,000 trash can, and a $2 million dollar birthday party for Kozlowski's wife in Italy are just a few examples of the misuse of company funds. As many as40 Tyco executives took loans that were later "forgiven" as part of Tyco's loan-forgiveness program, although it was said that many did not know they were doing anything wrong. Hushmoney was also paid to those the company feared would "rat out" Kozlowski.Essentially, they concealed their illegal actions by keeping them out of the accounting books andaway from the eyes of shareholders and board members.
How it Was Discovered
In 1999 the SEC began an investigation after an analyst reported questionable accounting practices. This investigation took place from 1999 to 2000 and centered on accounting practicesfor the company's many acquisitions, including a practice known as "spring-loading." In "spring-loading," the pre-acquisition earnings of an acquired company are underreported, giving the