Ethics Case Chapter 2- Rite Aid- Finished

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Apr 3, 2024

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Krolak 1 Gwen Krolak  Dr. Snyder  ACCT 6730  7 February 2024  Case 3-2 Rite Aid Inventory Surplus Fraud     Q) Assume you have decided to report the fraud. What would your first step be? That is, to whom would you report the fraud and why?    My first step would be deciding if the violations have a material effect on the financial statements, quantitatively and qualitatively. In this case, Jay Findling received at least $127.7 million from real buyers and kept $29.1 million in profits for himself, kicking back $5.7 million to his accomplice, Timothy Foster, and providing the rest of the amount to Rite Aid. If I decide $127.7 million is above a certain threshold limit, the amount would be material, and I would consider my next step.  The next step would be consulting Management or the Board of Directors about any remedial action being taken, such as counseling/executive training, demotions, salary reductions, or reporting the fraud externally. If I find that no remedial action has occurred, I must file an official report of the fraud with the Board of Directors. The Board of Directors would then have one business day to inform the SEC (Senate Executive Committee) and provide a copy of the report to the external auditor.  However, if the Board of Directors does not fulfill its duty, I will be required to take one of two steps. The first option would be to provide a copy of my report to the SEC within one business day. The second option would be allowing the audit team to resign from the engagement and provide a copy of the report to the SEC within one business day of resigning. 
Krolak 2 Q) Assume the audit committee informs you that it has decided not to report the fraud to the SEC during the current period because they do not want to raise suspicions about the quality of earnings and fraudulent activities. The committee did hold open the possibility of reporting the fraud in the next period and then putting through an error correction. How might you counter the reasons and rationalizations given by the audit committee for its decision?    In response to the audit committee's decision, I would stress the idea that concealing fraudulent activities only worsens the situation. By failing to report the fraud or waiting until the next period to make a report, we are undermining legal and regulatory requirements and the company's Code of Conduct, assuming specific provisions are in place. Not only emphasizing our ethical and law-abiding obligations, but I would also accentuate the fact that although concealing fraud may provide short-term relief, it poses a significant risk to the company’s financial health and integrity over time. By reporting fraudulent activity promptly and transparently, we can mitigate potential damages.   If the audit committee continued to refuse reporting the fraud to the SEC, I would then consider being a whistleblower. To become a whistleblower, I will have to decide if the situation falls into one of three circumstances. The first circumstance is believing that disclosing the fraud to the SEC is needed to prevent “substantial injury” to the financial interest of the entity and its investors. Under the second circumstance, I would have to 'reasonably believe' the entity is impeding investigation of the misconduct. Thirdly, I would have to wait at least 120 days from the time I reported the violation internally, to see if any action will be taken.   In this case, I would believe our circumstance aligns with one and two, and potentially three, depending on the date I reported the fraud internally. Since I assume myself as an internal director, any whistleblower awards would not be shelled out to me. Instead, my act is under Dodd-Frank because of my “pre-existing legal duty and job responsibilities,” which require me to report suspicion of illegal acts and fraud to management (Slide 51). 
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