A Sad Tale: The Demise of Arthur Andersen
In January 2002, there were five major public accounting firms: Arthur Andersen, Deloitte Touche, KPMG, Price Waterhouse-Coopers, and Ernst & Young. By late fall of that year, the number had been reduced to four. Arthur Andersen became the first major public accounting firm to be found guilty of a felony (a conviction later overturned), and as a result it virtually ceased to exist.
That such a fate could befall Andersen is especially sad given its early history. When Andersen and Company was established in 1918, it was led by Arthur Andersen, an acknowledged man of principle, and the company had a credo that became firmly embedded in the culture: "Think Straight and Talk Straight." Andersen became an industry leader partly based on high ethical principles and integrity.
How did a one-time industry leader find itself in a position where it received a corporate death penalty over ethical issues? First, the market changed. During the 1980s, a boom in mergers and acquisitions and the emergence of information technology fueled the growth of an extremely profitable consulting practice at Andersen. The profits from consulting contracts soon exceeded the profits from auditing,
removed him from auditing responsibilities at Enron-in response to a request from Enron management.
Playing Hardball and Losing
The SEC was determined to make an example of Andersen. The U.S. Justice Department began a criminal investigation, but investigators were willing to explore some "settlement options" in return for Andersen's cooperation. However, Andersen's senior management appeared arrogant and failed to grasp the political mood in Congress and in the country after a series of business scandals that had brought more than one large company to bankruptcy.
After several months of sparring with the Andersen senior management team, the Justice Department charged Andersen with a felony offense-obstruction of justice. Andersen was found guilty in 2002 of illegally instructing its employees to destroy documents relating to Enron, even as the government was conducting inquiries into Enron's finances. During the trial, government lawyers argued that by instructing its staff to "undertake an unprecedented campaign of document destruction," Andersen had obstructed the government's investigation.
Since a firm convicted of a felony cannot audit a publicly held company, the conviction spelled the end for Andersen. But even before the guilty verdict, there had been a massive defection of Andersen clients to other accounting firms. The evidence presented at trial showed a breakdown in Andersen's internal controls, a lack of leadership, and an environment in Andersen's Houston office that fostered recklessness and unethical behavior by some partners.
In 2005, the United States Supreme Court unanimously overturned the Andersen conviction on the grounds that the jury was given overly broad instructions by the federal judge who presided over the case. But by then it was too late. Most of the Andersen partners had either retired or gone to work for former competitors, and the company had all but ceased to exist.
Can the demise of Andersen be blamed on the fact that the market began rewarding consulting services of the kind Andersen could provide?
