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Penn West Exploration

References

-By Rebecca, Vasundhara, and Lauren

Role of Technology

https://www.google.ca/amp/business.financialpost.com/news/energy/penn-west-petroleum-ltd-investigates-accounting-irregularities-that-stretch-back-four-years/amp

http://www.ifrs.org/IFRSs/Pages/IFRS.aspx

http://www.theglobeandmail.com/report-on-business/industry-news/energy-and-resources/canadian-energy-giant-penn-west-reveals-accounting-irregularities/article19841550/

http://business.financialpost.com/news/energy/rocked-by-accounting-scandal-penn-west-has-now-turned-the-corner-ceo-says

http://www.theglobeandmail.com/report-on-business/industry-news/energy-and-resources/penn-west-may-face-lawsuits-after-alleged-accounting-irregularities/article19844808/

http://business.financialpost.com/news/energy/penn-west-petroleum-ltd-investigates-accounting-irregularities-that-stretch-back-four-years

https://prezi.com/f4v_m9-va7kg/penn-west-accounting-scandal/

http://www.theglobeandmail.com/report-on-business/industry-news/energy-and-resources/penn-west-petroleum-plagued-by-many-problems/article20165751/

http://business.financialpost.com/news/energy/rocked-by-accounting-scandal-penn-west-has-now-turned-the-corner-ceo-says

http://www.theglobeandmail.com/report-on-business/industry-news/energy-and-resources/penn-west-board-faces-allegations-of-stock-option-manipulation/article18978771/

http://www.pennwest.com/about/corporate-information

http://www.theglobeandmail.com/report-on-business/industry-news/energy-and-resources/penn-west-may-face-lawsuits-after-alleged-accounting-irregularities/article19844808/

https://en.wikipedia.org/wiki/Penn_West_Exploration#Accounting_irregularities

http://www.theglobeandmail.com/globe-investor/investment-ideas/treating-money-as-a-best-friend/article4260325/

https://ca.finance.yahoo.com/quote/PWT.TO?ltr=1

  • Improved organization, communication, searchability, efficiency
  • Large media coverage --> pressure to make improvements and work through errors
  • Accounting software to develop financial statements, internal control for auditors, helps keep track of source documents and historical data (that are unreliable)

Key Officers Involved

Penn West Exploration

  • David Dyck: newly appointed CFO
  • Rick George: CEO during time of scandal
  • David Roberts: President & CEO, helped enforce new operation plans
  • Murray Edwards: significant shareholder, oil patch financier

Key Stakeholders

2014

  • Founded in 1979 in Calgary, Alberta
  • Oil and natural gas production and exploration company
  • Very large business in Canada
  • Was the largest energy trust on the continent
  • Penn West Petroleum Ltd. -->→ Penn West Energy Trust --> Penn West Exploration
  • Now worth $5 billion

Fallout of Company

Overview of Scandal

  • Investors/Shareholders: lost money (stock prices dropped), too risky to invest
  • Employees: more than 50% lost their jobs, or working for a company with a bad reputation
  • Government: economic losses, large population lost jobs, must create stricter regulations
  • Banks: violated terms of loan agreements
  • Society: Betrayal of trust

2012

  • David Lester, one of the investors who sued Penn West
  • $400 million class action law suits
  • $500 million in damages from shareholders and investors
  • Shares lost 93% of their value in past decade
  • Loss of profit: $15 million loss vs $34 million gain in previous year
  • Restating financial results would violate terms from bank loans and other notes
  • Sold assets to resolve debt
  • Previous financial statements are unreliable
  • David Dyck discovered and reported accounting irregularities
  • Informed security regulators in Canada and United States
  • Alberta Securities Commission
  • United States Securities and Exchange Commission
  • Operating costs appeared smaller than they actually were
  • Operating expenses were categorized as capital expenses
  • Overstated net income, influenced stock prices and cash flow
  • Identities of the employees responsible were not disclosed, but they were fired

What if I report this?

Cons

Pros

  • Maintain transparency in business
  • Not go to jail for not reporting
  • Investigation will allow managerial improvements

GAAPs manipulation

  • Law suits
  • Employees will lose jobs
  • Ruin company reputation with investors
  • Will complicate things in the company

Actions Taken

  • The Matching Principle
  • Objectivity Principle
  • Full Disclosure Principle
  • Principle of Conservatism
  • Materiality Principle

What if I keep it secret?

Pros

Cons

  • 3 independent auditors from KPMG investigated the books from 2007-2014
  • Found $381 million total misclassified operating expenses from 2012-2013
  • Investors hammered stock prices
  • Investigated reason for misclassification and how it was allowed
  • Gray areas of classification
  • Former CFO blamed it on different accounting interpretations

Would IFRS have helped?

Roles: CPA, OSC, CRA

Different Paths They Could Have Taken

  • Would not have to deal with law suits
  • Prevent tarnished reputation
  • Easier option
  • People will not lose jobs
  • No investigation
  • Won't know who is responsible
  • If I ever get caught not reporting this, I may go to jail
  • Minor role in scandal
  • CFO decided to take responsibility
  • Republish financial statements
  • Stock price plummet
  • Possibilities of their role:
  • CPA: fine workers, order additional training, remove professional certification
  • OSC: investigate, fine, suspend trading
  • CRA: audit financial statements, impose fine/penalty of interest plus taxes owed
  • Compare actual to budgeted revenues and expenses regularly
  • Document approval of financial procedures and policies of large purchases/costs
  • Better internal controls to manage source documents
  • A big issue was that there were not enough source documents to support or validate the classifications (objectivity)
  • IFRS is responsible for setting rules/standards
  • Penn West's careless disregards for these standards caused the company's downfall
  • Consequences to not following IFRS:
  • Damaged reputation
  • Fined by OSC
  • Sued by investors
  • Stock price drop

Reason for Scandal

  • Debt due to poor and inefficient operations
  • Drilling costs were almost double industry average
  • Difficult to sell assets to pay off debt
  • This is their second accounting scandal
  • Have manipulated stock prices before
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