Amicus (Friend of the Court) (3rd party) Brief for specified current Research Paper

Amicus (Friend of the Court) (3rd party) Brief for specified current Suprem Court case - Research Paper Example Human Rights Watch also has a role of investigating and exposing incidences of human rights abuse abuses and violation, with an aim of putting the abuses to the task of being accountable. The organization also seeks to challenge the government and other bodies or people who hold powers to observe human rights and to end human rights abuses, particularly with reference to international human rights standards as well as that of the municipal laws. As a leading human rights body, with the aforesaid specific roles, which are highly tangential to the issues of justice , the organization has a legitimate interest to participate in the case and to present an Amicus brief for the same. The organization has a lot of interest in ensuring that justice is done to the defendant. It is the Human Rights Watch that this honorable court safeguards future systematic human rights abuses by the state, and in particular the police, against the citizens. It is the interest of the organization that the pol ice and all government organs concerned are held accountable for human rights abuses that they perpetrate. ... Incarcerated on a disorderly conduct charge, the deputies were hoping to learn more about Fields' relationship with an underage male. Fields was not given his Miranda warnings, but was told he could leave the conference room where the questioning took place at any time. During the 7 hour questioning, Fields repeatedly told the deputies that he did not want to talk about the allegations of sexual misconduct that they had leveled against him. Eventually, however, he did admit to some of the behavior that had been alleged. On the basis of that information, and over the strenuous objection of his counsel, Fields was later convicted of two counts of third-degree criminal conduct and sentenced to a term of 10-15 years.   Fields appealed claiming that when he was first removed from his cell to go to the conference room, he was given no notice of what the deputies wanted. Further, because they had not Mirandized him and continued to question him even after he told them he did not want to s peak to them, the incriminating statements should be thrown out. Throughout his appeals in the state judicial system, his arguments were denied.   Upon making a habeus corpus motion to the U.S. District Court for the Eastern District of Michigan, however, Fields' contention that his rights had been violated was upheld. The Sixth Circuit Court affirmed that lower court ruling which contrasted with decisions made in similar cases in other federal courts. The split in the circuits virtually guaranteed that the Supreme Court would take the case. On January 24, 2011, the Supreme Court granted certiorari.   The present case presents a question as to what amounts to being in custody and in particular whether or not a prisoner is always â€Å"in

Outline macro journal Essay Example | Topics and Well Written Essays - 500 words

Outline macro journal - Essay Example They obtained more than five hundred information pieces in relation to the background of students, as well as the facilities and resources available in their schools (Heyneman & Loxley 1163). Data was collected from Uganda from sixty-one primary schools spread across five districts and three urban areas of Kampala, Mbale, and Jinja through primary leaving examination performances, inventories of facilities by the principals, and questionnaires (Heyneman & Loxley 1166). In El Salvador, they selected 595 schools based on their location and number of students after which they tested 50% of the students in these schools in social studies, math, and science. They also collected data from Bolivia, Argentina, Colombia, Peru, Mexico, Paraguay, and Brazil under the ECIEL auspices, obtaining information on attitudinal characteristics and background. Data from Egypt included school quality and achievement information and was collected from 1.250 students in 5th and 6th grade attending sixty schools picked at random. Finally, they also collected data from Botswana with regards to reading and math comprehension for 3rd, 5th, and 7th grade students, as well as inventories on facilitie s, principals, and teachers (Heyneman & Loxley 1168). Due to the similarity of each study’s design, the authors examined societal differences at varying economic development levels. Comparing the studies that they got their data from raised several concerns regarding the achievement tests’ intent, the test questions’ content, the sample populations, administration of the studies, and the sample representation (Heyneman & Loxley 1169). In their own methodological procedures, their country samples involved some five hundred independent measures of education. 300 experts in 18 countries using 14 languages in 10,000 institutions with 260,000 students and 50, 000 teachers, carried out the data they used. 45 items in the questionnaire referred to the opportunity for students

Hysteria Essay Example | Topics and Well Written Essays - 1750 words

Hysteria - Essay Example The hysterical person claims one or more of many difficulties or disorders. These include: complete or partial inability to hear or see, prolonged periods of forgetting (amnesia), inability to sleep or sleep walking (somnambulism), loss of speech (aphoria), trances, muscular habits (spasms tics or tremors) and apparent epileptic seizures (idiopathic epilepsy), conversion hysteria in which metal conflicts re converted into physical symptoms such as paralysis, blindness and anesthesia, the fugus or flight, in which an individual becomes amnesic for personal past and multiple personality, in which individual's personality splits into two or more distinct personalities with dissociation of consciousness. Amnesia is a condition where the person cannot recall certain past experiences of his life. In functional amnesia, there is no brain damage as is found in some other forms. The forgotten material remains inaccessible to the person, but can be restored after treatment. Because the person cannot cope with this threatening material, there is repression so that it can be eliminated from the consciousness. Fugus states are characterized by a general amnesia for the person's entire past, including who he is and where he lived. This is associated with a flight (fugue) where the person wanders away from home and then days, weeks, and sometimes years later, finds himself in a strange place, not knowing how he got there, and not remembering about the period of fugue. In some cases, a person has lived away from his original home for ten or more years, starting a new occupation, building a family, only to "reawaken" later, missing his place of origin. In somnambulism, certain thoughts become so strong during sleep as to determine the person's behavior. The person rises and carries out some act. Like multiple personalities, there is some dissociation of some sub-system within the personality which is expressed during sleep and for which nothing is remembered during the waking state. Multiple personalities are rare. It is as if several parts of personality have not been successfully integrated so they become separated or dissociated from each other and the person frequently shifts from one to the other. There appear to be several complete systems of personality with each system having distinct emotional and thought processes, different from each other. When one personality is free and impulsive, another is inhibited and responsible. In conversion reaction, the person suffers from physical symptoms with o organic basis. It could be in the form of anesthesia (loss of sensitivity of some body part) where the person does not feel any pain or sensation in that part of the body. Diagnostic criteria for conversion disorder as defined in the DSM-IV are as follows: One or more symptoms or deficits are present that affect voluntary motor or sensory function that suggest a neurologic or other general medical condition. Psychologic factors are judged to be associated with the symptom or deficit because conflicts or other stressors precede the initiation or exacerbation of the symptom or de

Assignment Example | Topics and Well Written Essays - 250 words - 423

Assignment Example As much as this is a sad state, news organizations actually knew that the digital movement would come by some day and this should thus not appear shocking at all (Naquin, 2015). In that light, although news organizations may seek government’s help in making newspapers still viable, many are of the opinion that this will not be possible since they are now obsolete in nature (Naquin, 2015). In the course of gauging effectiveness or rather the impact of advertising campaigns over the internet, there are various challenges that managers face. One of the challenges is that the various digital channels possess different effectiveness and thus relying on one particular channel may give a false reflection of an advertisement’s impact (Fisher, 2012). Another challenge is that most marketers still rely upon the native metrics such as the click-through-rate or looking at page views over the internet to gauge success yet Agencies in the USA contend that such acts as the intent to buy or recalling of a brand are actually the most successful methods that one would use to gauge online success (Fisher, 2012). Therefore, if I were a manager I would rely upon sales metrics as the most efficient way of gauging efficiency of my campaigns and as well incorporate the traditional metrics so that I can have a 360 degree view of the performance (Fisher, 2012). Fisher, L. (2012).Quantifying Digital Brand Ad Effectiveness: Finding the Right Mix of Meaningful Metrics. e-Marketer.Retrieved from Naquin, C. (2015). â€Å"Newspapers: towards the end of the traditional  medium?† Culture Exchange. Retrieved from

Green Design Essay Example for Free

Green Design Essay The notion of a responsible architecture design is something that flourished way back in 1970s. However, green designs during that time were only developed on a domestic or small scale basis (Papanek 4). It is only in the late 1980s that green commercial developments are done as an effect not only of the 1980 economic boom but also of various social, political and design factors (Beaufoy 199). At the present age, the author argues that the attempts of modern architecture to merge new trends in office design and environmental friendly features are primarily commercial in nature and not really fully environmental. Having such premise in mind, the author formulated the research question: Should interior designers encourage clients to go with green design? In order to sufficiently answer this question, the author have provided a comparative analysis of the pros and cons of the green design and then significantly deduce based from the said arguments the writer’s stance weather he will respond to the question on the affirmative or the negative manner. Arguments on the affirmative side claims that: (1) The green design will help reduce the environmental burdens that the present society brings to the aforementioned and also help man conserve energy (Winter 8); and (2) The green design will help to minimize or to an extent prevent sickness that are acquired within a particular building or house. On the other hand, the arguments on the negative side are the following: (1) The green design raises the costs in erecting buildings or houses; (2) The green design is difficult to implement on certain states, depending on the statutory laws governing a particular state. Body The body of the research elaborates on the positive and the downsides of implementing green design. Reducing Environmental Burdens and Energy Conservation The relevance of green buildings on a global level and its effect to the environment and energy conservation is one of the major arguments in terms of promoting green designs. Buildings or houses that are tailored to be such are expected to reduce carbon dioxide and CFC emissions that are brought about by airconditioning (Beaufoy 203). For instance, IBM has been creating buildings that are completely asbestos free and avoids the use of hardwoods unless the latter came from a sustainable source. They are also using low ozone-depleting chemicals and has been controlling the ozone emission of their airconditioning, and even planning in the near future to eliminate aircondition altogether. In some instances, where green buildings use glass on the exterior, such helps to lessen the need for heating, and the small amount of heat that is needed could be gas-fired. Corollary with this, one can also help to reduce the use of light bulbs of fluorescent lights, hence conserving energy (Beaufoy 203). The use of energy efficient devices such as those of modern HVAC devices helps buildings to save operating costs and could even make the former eligible for rebates offered by local energy companies. In addition with this, through designing building facilities that make use of energy through natural ventilation and daylight also reduces operating costs (Meyerson 47). Health Benefits One of the major premises why green buildings are favorable is due to the health benefits that it could bring to people. For instance if a building is designed to draw air at a high level, cooled and the filtered, the air conditioning or water system of the aforementioned could help eliminate the risk of Legionnaires Disease (Beaufoy 203). The Greenpeace building in Islington, London are also geared towards creating a more environmentally sustained building in their inclination to reduce the risks of office illnesses that result due to the chlorofluorocarbon (CFC) emissions of airconditions (Beaufoy 204). Increased Construction and Soft Costs The actual costs of building green architecture are something that is too expensive that a lot of green features can not be really accommodated by most marginalized companies (Johnston 1). As such it is often argued that green buildings are only for wealthy people (Wilson 1). The problem of first costs or the initial expenses that has to be paid prior to building a house is something that is of a growing concern for customers. For instance, the use of uncommon trades and materials could increase costs in addition to LEED commissioning (Syphers et al 8). In addition with this, higher soft costs are also most likely to be incurred in green buildings. The use of additional design analysis, computer modeling, commissioning, product research and lifecycle costs analysis for materials that could be substituted could also paved the way for up-front costs (Syphers et al 8). Legal Considerations Local conditions that are unique to every country and state cold also be one of the problems in terms of attempting to erect green buildings, for some state regulations could pose certain problems on the aforementioned. For instance, the state of California prohibits the use of water-free urinals that could have saved certain buildings a significant amount of water (Syphers et al 6). In relation with this, the use of solar panels that could have help buildings to save electricity, though highly encouraged within various states regulations; also poses some problems as the law requires buildings to locate these panels somewhere that could not be seen on public roads due to the risk of accidents. Also, local building codes have given limitations on the height windmills including its zone restrictions (Syphers et al 7). As generally known, windmills are also one of the most environmentally friendly way of generating electricity. Analysis After presenting the abovementioned arguments of the positive and the downsides of the use of the green design, it is also noteworthy to tell that amidst all of these most basic issues, the author perceived that the advocacy for the adaptation of green buildings is something that is primarily commercial in nature rather than really environmental in focus. Although it could be significantly noted that green buildings indeed helps the environment due to cutting the use of certain machines that could have harmed for instance the ozone layer, it could be implied that the primary motivation of customers is indeed on cost cutting and juxtaposed with that of course is a relatively healthy lifestyle. In this respect, it could be said that although the positive side of green architecture is emphasized most specially its environmental underpinnings, the fact couldn’t be hidden that such an endeavor is not really one hundred percent pro nature as one could see a compromise between capitalism and protecting the environment. It is with this respect that the author remembered that capitalism is indeed a necessary evil. There are a number of human endeavors that will not proceed without its aid, and such includes even the environment. In addition to these issues, the notion of the difficulty of implementing the architectural design of green buildings is something that should also be taken into consideration. The initial construction costs and soft costs could be really expensive; however, experts still argue that the life cycle costs of the building in the long run could be very cost effective (California Integrated Waste Management Board 1). The legal considerations of course are something that is imperative in order to assure order and efficiency to the society. Albeit it should be noted that the process of adopting green design is something that is still in the process of development; hence it is theoretically possible that the future technology could bring about changes that could fully actualize the fullest utility of the program. Conclusion Given the abovementioned factors, the author wishes to answer the research question: â€Å"Should interior designers encourage clients to go with green design? † in the affirmative. It could be seen that although the green design has a number of short comings, it could not be denied that these flaws are only minute in comparison to the overall utility that it could bring to man and to the environment. The short comings of green design could be solved through active collaboration of various stakeholders that are concerned to such like customers, contractors, architects, interior designers, engineers, the government, non government organizations, private corporations and the likes. Literature Cited Beaufoy, Helena. â€Å"Case Study: The Green Office in Britain A Critical Analysis†. Journal of Design History 6,3 (1993) 206. California Integrated Waste Management Board. January 2007. Sustainable (Green) Building: Project Design Cost Issues. 23 October 2007 http://www. ciwmb. ca. gov/GreenBuilding/Design/CostIssues. htm#Primers Johnston, Ritchey. Actual Costs Is Building Green Too Expensive? January 2000. Housing Zone. 23 October 2007 http://www. housingzone. com/topics/nahb/green/nhb00ca029. asp Meyerson, Andrew. â€Å"The Dollars and Cents of Green Construction: Being Environmentally Friendly Brings Financial as Well as Social Benefits†. Journal of Accountancy 199,5 (2005) 47. Papanek, Victor. Design for the Real World: Human Ecology and Social Change. London: Thames Hudson, 1985. Syphers, Geof et al. October 2003 Managing the Cost of Green Buildings K-12 Public Schools Research Laboratories Public Libraries Multi-family Affordable Housing. State of California and Almeda COunty Waste Management Authority. 23 October 2007 http://www. ciwmb. ca. gov/GreenBuilding/Design/ManagingCost. pdf Winter, Metta, â€Å"The Greening of Design: Jack Elliott Believes Interior Designers Can and Should Play a Major Role in Preventing Environmental Degradation, That Sustainability Should Be Central to All Design Decisions†. Human Ecology 30,1 (2002) 8. Wilson, Alex. Building Green on a Budget. May 1999. Building Green. com. 23 October 2007 http://www. buildinggreen. com/auth/article. cfm? fileName=080501a. xmla

Political Movement in Hong Kong Essay Example for Free

Political Movement in Hong Kong Essay A. Introduction Moral and national education is a school curriculum proposed by the Education Bureau of Hong Kong to replace the original civil and moral education which aimed at developing a positive value and attitude of students, building a well quality of moral and national sense.1 In 3rd October 2010, the Hong Kong Chief Executive, Donald Tsang stated in his policy address, the moral and national education will be introduced to the education syllabus of the primary school and secondary school in 2012 and 2013 respectively with the aim of strengthening the national education of students in Hong Kong. However, this curriculum brought to a large controversy among the society of Hong Kong. Organizations like the scholarism, national education parent concern group and the Hong Kong Professional Teachers Union, etc. opposed the need of proposing this curriculum for two main reasons, first, that is unnecessary to introduce this subject independently since the syllabus of Chinese history and Liberal studies have overlapped with moral and national education. Second, this curriculum is compulsorily introducing the sense of national patriot to students, education will come down to be the tool of political brain washing to students. Therefore, various social networks organized an anti-national education movement, which resulted in a great ring of the public and the concession of the government. In this movement, social networks play an important role, they facilitate the mobilization of people, bringing awareness of the people so as to enlarge the scale of the movement. In this paper, I will mainly investigate the role of social networks in strengthening and undermining the movement, and also the effort tin bringing participant with different or similar background together. On the other hand, I wll discuss the importance of internet in strengthening and undermining the movement in various aspects. B. Strength of social networks in unfolding the movement There are a few social networks that remarkably helped the development of the anti-national education movement, not only on their own work, but also in attracting the other social networks to join their work and charm the participation. 1. Scholarism The first social network strengthen the movement is scholarism, this  organization is founded by a group of post-90s in 2011, which aimed at opposing the implementation of national education curriculum in Hong Kong. They are the originator of the anti-national education movement and then raise the attention of the people. Early in the 1st July 2011, they have joined the Hong Kong 1 July protest to speak out their request to government to withdraw the implementation of national education in Hong Kong education curriculum. Their voice and popularity then rose with a chain of participation in different movements organized by other social networks, for instance, they have joined the petition demanding the redress the June fourth incident in China, attend the TV programme City Forum, etc. Scholarism tried their best to get the attention of the government and also the public, many other social network have then discover and aware this organizations, nearly 20 social networks, for instanc e, national education parent concern group and the Hong Kong Professional Teachers Union then joined together and formed the alliance of opposing national education. The theory mentioned by Della Porta, D. and Diani, M. can be applied to this, people can often become involved in a specific movement or campaign through their previous links, and their participation will forges new links. The alliance then took a great step to unfold the movement by organizing a demonstration with the slogan of â€Å"no brain washing† on the 29th July 2012. 2. National education parent concern group The second social network that remarkably helped to unfold the movement is the national education parent concern group. This organization is founded by Chen Shik Chi, a lecturer of the Hong Kong Chinese University. The aim of this organization is to request the withdrawal of national education from the education curriculum in Hong Kong. Within a month, the number of members of this organization has risen to near 1500. This organization is relatively not a political one, the participants are not political leaders or activists, rather is the parents of the students in Hong Kong, with a specific target concerned group, it is easier for them to attract the members. The organization has joined several social movements related to their opposition in national education. For instance, they are one of the member organizations of the alliance of opposing national education, and helped in the 729 demonstration, later collect signs of people in different  districts for their support of anti-na tional education. As we can see that the organizations that particularly active in the anti-national education movement are neither some traditional political organizations nor some large scale organization with a wide range of membership. Yet they are only freshly established organizations with relatively small base of membership and short history. Why they were success in bringing the anti-national movement that topic-catching is the nature of the organizations and the close contact with other social networks. Internally, the unity between members will be denser and more integrated since the base of membership is small, it will be easier for the members to contact with each other and get all-round information, the scale can prevent the situation that members in the group will easily get ideological distinctions and rivalries, the internal network will then be more fragmented. Secondly, with the same goal of requesting the government to withdraw national education from the curriculum, there are many organizations from different groups joined their movement which then formed the multiple affiliations. Multiple affiliations is meaning the linkages between different organizations. This helped a lot in boosting the unfold ing of the movement, for instance, this can facilitate the personal contact and the development of informal networks which can encourage the individual participation and the mobilization of resources. Leaders of different organizations can contact each other for the sharing of information and the plan of movement, most importantly, they can get a consensus on the representations of the movement, so that will form a stronger force of opposition to their enemies. Not only for the leaders, the members from different groups can cooperate with others, for instance, the elites of groups can work together and decide a better plan for the movement. Moreover, the wider range of membership will also increase the participation of the social movement. The overlapped members, that is the members that belongs to the different groups in the affiliation, takes an essential role in circulation of information which helps a lot since the more the information the group can get, the more they can control the speed of mobilization. C. Limitation of social networks in unfolding the movement Although the small scale of the organization can bring the higher efficiency of decision making, it also has some setbacks. Since the  membership base of the organizations is quite narrow, it is hard for them to expand their group internally. The people who intended to join an organization due to three main reasons, first, they will look at the number of individuals in the organization, especially some political ones. People seems to be attracted by the political leaders in the organization so as to join it, then both Scholarism and the National education parent concern group cannot fulfill this requirement. Second requirement is the amount of previous experiences of collective action which is meaning the effort of the organizations in joining or organizing collective actions. Both social networks again are freshly established two years ago, the experiences in participating in collective actions must be relatively less than the traditional groups like the political parties. As we c an see from the two requirements, it is really hard for the two social networks to expand their scale in terms of structure and membership which are crucial in the development themselves and participation in the movements they organized.

Parmalat Accounting Scandal | Summary

Parmalat Accounting Scandal | Summary The Parmalat Accounting Scandal 1. What were the events leading up to the Parmalat accounting scandal and ultimately the revelation of the accounting fraud and the reasons behind the scandal? Evolving from a small dairy shop into an international concern, Parmalat appeared to be a gigantic and stable dairy producer. At some point in time, it may well have been gigantic and stable, but in December 2003, shocking news was broken to Parma, Italy, and the world at large. Parmalat was no longer a success as it once may have been, and it was bankrupt, and had been bankrupt for several years without this ugly truth being exposed. The truth had apparently been concealed due to a number of people being at least somewhat aware that something was amiss with transactions on the books, but had not spoken out. Through the years that Parmalat was going bankrupt, there were several events that took place before Parmalat’s condition was finally exposed. To begin with, as early as 1990, there were signs that Parmalat was in debt. In accordance with what has been uncovered, Parmalat’s fraudulent activities are said to have ‘taken off’ in 1990. This was when their stock went public, and reflected the need for a big company like Parmalat to perform in the international market so that their performance improved and met investor expectation (Family Arrests in Parmalat Scandal, 2004). The following year [1991] the Tanzis purchased Parma Football Club of which Tanzis son, Stefano, was president, and also was Parmalat board member. With this purchase, the football club rose to fame quickly, but faced large losses that recorded a deficit of over â‚ ¬77m in 2002. According to investigations, Parma Football Club was the first asset to be sold[1]. Another set of purchases that went along with purchasing the Parma Football Club included Tanzi buying up his competitors. Once he had established Parmalat Milk in the global market, his financial ventures proved to be devastating. This included his family’s financial interest in football and tourism, as well as his failed attempt to outdo Belosconi when he purchased a TV network, Odeon TV. At this point, Parmalat’s finances were a mess. Purchasing Odeon TV Network was a disaster as Tanzi had to sell the network off for a around  £30m. From this point on though, it is said that Parmalat still progressed in spite of its major losses. This was largely achieved through altering the books and attaining bank loans and investments against falsified figures. Parmalat had spent â‚ ¬130 million on Odeon TV, but it collapsed within 3 years. In order to prevent bankruptcy at this point, Parmalat had to sell itself to a company that was already listed on the Milan stock exchange. This helped to produce â‚ ¬150 million from external investors, and paved the way for Parmalat to be in public view in 1990. It also enabled them to patch up some of its accounts[2]. It is thought that Parmalat began altering its books in 1993. If Parmalat had not ‘cooked’ its books it would have registered financial losses every year. However, they registered profits, which meant that they would still be viewed as a viable organization and one that was worth investing in. Therefore, they managed to avoid being suspected of any losses and attracted much investment. Parmalat managed to cover losses through a combination of fictitious transactions and aggressive acquisition. This commenced in 1992, when Parmalat started ‘snapping up’ various companies in Argentina, Italy, Brazil, Hungary and the U.S. However, beyond 1995 it is thought that Parmalat was not able to fund its own needs. Yet it managed to prove to investors that it was registering significant profits. Perhaps, Parmalat’s profits registered were so convincing that the Bank of America alone, in 1997, provided $1.7 billion through bonds and private placements for U.S. investors. It also received $30 million or more as payments and commissions[3]. One of the main events that lead up to the Parmalat accounting scandal exposure includes the company changing its external auditor. In accordance with Italian law, an external auditor can be changed once in 9 years. So, in 1999, Parmalat, in accordance with Italian law replaced Grant Thornton with DeLoitte and Touche. Grant Thornton was keen to keep working with Parmalat, which was a high profile company, as it would be good for their reputation still being developed. Therefore, they recommended that Parmalat spin off its travel and other businesses, and permit these to be under them [Grant Thornton]. Such an arrangement would be convenient to both Parmalat itself and Grant Thornton. Through such an arrangement Parmalat could then satisfy its new external auditors [DeLoitte and Touche] with Grant Thornton making illicit payments to Parmalat. This was made possible through the executives at Parmalat creating debts, and Grant Thornton creating false accounts from which Parmalat could be paid. Grant Thornton would then produce these records to DeLoitte and Touche who saw little wrong with them. Numerous reports reinforce that Grant Thornton was aware of the ‘shell games’ that Parmalat was playing. One example of these games includes case of â€Å"cooking the books,† that reports the Cayman Islands subsidiary Bonlat claiming to have sold a large quantity of powdered milk in a span of one year to Cuba. It claimed that this quantity was sufficient to produce 55 gallons of milk for every individual on that island. Another interesting event that lead up to Parmalat’s exposure of the accounting scandal was that Grant Thornton and Deloitte Touche signed off on its increasingly surreal accounts. In return, it is said that they booked millions of dollars (Parmalat Scandal Deepens†¦, 2006). In Parmalats final weeks, Deutsche Bank had taken on helping it work with Standard Poors, hardly ten days before the exposure. Around this time, analysts around the world kept encouraging investors to continue purchasing its stocks and bonds. In 1999, finance director Alberto Ferraris laid out a financing scheme. He managed this through a Delaware company known as Buconero. This was the Italian for black hole, that Citigroup established for Parmalat in 1999[4]. This company loaned out $137 million to a Swiss subsidiary of Parmalat. From here, the money was transferred to Parmalat companies. In return for Buconero’s service to Parmalat, it received a return of around 6%, in addition to $7 million in payments for Citigroup. Just like Parmalat made use of Buconero, it also used other offshore companies to dress up its debt till the time of its exposure[5]. Back in 1995, Parmalat also commenced concealing its debt through shell companies. It had been losing $300 million annually in Latin America, and decided to wipe this debt off the companys financial records. It managed to do so by using 3 shell companies situated in the Caribbean. The huge debt patchwork through the 90s began to raise concern by the end of the decade. Esteban Pedro Villar, expressed concern and filed an early warning report (Gumbel, 2004). This was regarding Parmalats Latin American set-ups. He had so many questions that his concerns were termed as offensive and ridiculous† (Gumbel, 2004). Then suspiciously, Deloittes Parmalat business in Argentina was terminated. In response, Deloitte was silenced, and the accounts were certified. In addition to the above concern that was demonstrated by a Deloitte partner in Latin America, there were others. On March 28th, 2003, Deloittes Maltese office raised questions regarding a $7 billion intercompany transfer they suspected was fictitious. Wanderley Olivetti, the Deloitte auditor in Brazil, raised such concern at the Milan office regarding Parmalats Brazilian accounts that the matter went straight to Deloittes chief executive in New York City at that time, Jim Copeland. However, Olivettis objections were mysteriously ignored and he was soon removed from dealing with the Parmalat account. Deloitte claims it behaved within its rights to remove any employee it wishes to, and this may be done for a number of reasons. It also said that the investigation of Parmalat started in October 2003, after Deloitte Italy had drawn attention to Parmalats financial dealings[6]. Following the suspicions raised by auditors, Epicurum was established in an attempt to show that Parmalat was due considerable amounts of money. However, this attempt to erase debt from the records at Parmalat failed, and the company admitted that it could not retrieve the amount they were due from Epicurum. One of the key events that led to the exposure of Parmalat includes Tanzi and his son’s meeting with private equity firm Blackstone Group in New York. Tanzi and his son Stefano, one of the main executives at many of the family’s concerns, met with the Blackstone Group to discuss the sale of 51 percent of the family’s share in the food empire. It was in the course of conversation regarding preparation for the books to be opened to a transition team from Blackstone, that Tanzi and his son slipped out with the fact that the cash on hand was less than the 3 billion Euros registered in the company’s annual report. In addition to this, they revealed that there were barely any liquid assets. They even further stated that the company was in debt of about 10 billion Euros. In addition to the suspicion that was brought against Parmalat through observations of its faulty accounting records, it is this final attempt to sell of 51 percent of family shares that marks the end of the road for Parmalat’s long trail of fraud. The following facts presented date-wise are interesting to note as they map the path that Parmalat took since its inception till its end on 13th December 2003: 1961 Parmalat was founded by 22-year-old Calisto Tanzi. It was established as a small family food business that pasteurised and sold milk 1963 Parmalat introduces Tetrapak for packaging its ‘long-life’ milk products. 1980s Parmalat starts producing fruit juice, biscuits and ready-made sauce. 1990 Parmalat is listed on the Milan stock exchange. Through the 1990s Parmalat grows after flotation. It then reaches into America, Brazil, few South American countries, and Eastern Europe and Australia. Tanzi aims at expanding a television network to outdo tycoon Prime Minister Silvio Berlusconi. However, his Odeon television foray flops and costs Parmalat  £30m. Parmalat products also get sale in 20 countries. 1999 Parmalat‘s Bonlat subsidiary is established in the Cayman Islands. 2003 11 November Crisis escalates when shares are hit after auditors raise questions regarding accounting of transactions with mutual fund Epicurum [a Cayman-based company linked to Parmalat]. 15 November Alberto Ferraris resigns from the position of Finance director. 8 December Parmalat admits failure to recover â‚ ¬496.5m from Epicurum. This amount was needed to service debt. 15 December Tanzi resigns as chairman and CEO. 16 December Enrico Bondi takes control of the company. 17 December Bank of America denies the credibility of documents that affirm Bonlat account existence. 24 December Parmalat files for irregular administration operations. 27 December Italian authorities hold Tanzi in their custody in Milan [7] 29 December Tanzi admits to siphoning off â‚ ¬500m of company funds; Bondi takes charge as Parmalat administrator; US Securities and Exchange Commission bring charges against Parmalat for fraud. 30 December Tanzi is formally charged with fraud. 31 December Parmalat officials are arrested. These included former CFO Fausto Tonna and Luciano Del Soldato, and two officials from Grant Thorntons Italian branch that audited Bonlat. 2. How was fraud perpetrated and how was the company able to continue with the fraudulent practice for such a long time? Parmalat started out as many other businesses have. It was first a small dairy shop that slowly progressed and expanded its range of products, and finally turned into a large dairy producer that sold its products in several countries. From the early 1990s and onwards, Parmalat appeared to make significant progress, registering profits annually that was encouraging enough for investors to go on investing in the company. However, the truth of the matter was that these very investors were all being deceived due to Parmalat’s fraudulent practices largely perpetrated by Tanzi, top managers, the Parmalats external lawyer, Gian Paolo Zini, and two external auditors, Maurizio Bianchi and Lorenzo Penca. However, Zini, Bianchi and Penca claim that they are innocent[8]. Falsifying Credibility and Obtaining Loans and Investments: Tanzi and all those who were allegedly involved in what is known to be one of the biggest scams, managed to borrow money from banks and even justified these loans for Parmalat through inflating revenues and fictitious sales in records between 1990 and 2003. They would also ‘cook’ its books in order to make debt vanish. They managed to do this through transferring debt to offshore ‘shell’ companies. In addition to covering up debt in this manner, there were other tactics that Parmalat resorted to (Parmalat Dream Goes Sour, 2004). One of the other methods Parmalat used in order to cover their debt when it got too big to cover with the offshore shell companies included their invention of a bogus milk producer, supposedly situated in Singapore. Parmalat claimed that the company had supplied 300, 000 tons of milk powder to Cuba. This process included Bonlat, a Caymen Island subsidiary of Parmalat. Bonlat had a fictitious account in the Bank of America. This whole setup is so surprising that it has left many baffled as to how could such a fraudulent concept have been so successful and convincing when there was no concrete evidence in it[9]. Looking at the above example of the manner in which Parmalat faked transactions, it can be observed that the whole concept is such that it would have an ordinary person believe that it was authentic. Who would have suspected that any of it was fictitious, particularly because Parmalat had been a company in operation for several years? Ordinarily, one would suspect a company if it had a single concern that was being publicized. However, since Parmalat was projecting trade being conducted that included different physical points, there was little suspicion raised. There was the exporter in Singapore, the importer in Cuba, and Bonlat involved too in the Caymen Islands. The scheme thought up was very believable also because of the fact that Bonlat supposedly had an account in the Bank of America. Different Roles Played to Conceal Debt: Considering the debt that was actually showing up in the books, Parmalat had to have people who could cover it up well enough. This called for people on the inside as well as the outside to co-operate. External auditors, internal auditors as well as the top-notch individuals at Parmalat had to play their roles. One the inside, the books were maintained in the hands of trusted people. External auditors were told to keep this quiet. In this case, it was chiefly Grant Thornton that aided Parmalat in carrying out its fraudulent practice for so long. Grant Thornton’s Role: Grant Thornton played a major role in helping Parmalat continue its long-term fraudulent practice. It did so because it had a great deal to gain from Parmalat, and so did Parmalat have a lot to gain from Grant Thornton working with them. Grant Thornton was and up and coming auditing firm that needed to be have sound clients in order to help its reputation in the market. Parmalat paid Grant Thornton considerable amounts to conceal debts. Quite obviously, this seemed to work for several years, and did so till 1999, when Parmalat were compelled to replace Grant Thornton with DeLoitte and Touche. This was necessary because by Italian law, an external auditor should be changed every nine years. Parmalat abided by the law, but was also proposed a way of continuing its fraudulent practice. With DeLoitte and Touche taking charge as external auditors meant that debts would no longer be concealed, and Parmalat could be exposed. This could have happened in 1999. However, since Parmalat maintained Grant Thornton for its spin offs [its travel and other businesses], they were able to continue tricking everyone far and wide. This scheme was simple as well, and included another series of false records in order to show that Parmalat was still making profits annually. This was possible through illicit payments that these spin offs could make to Parmalat. Executives at Parmalat would create debts while Grant Thornton would create false accounts from which they could make payments to Parmalat. They would produce these records to DeLoitte and Touche, and they would be approved[10]. More Actions that helped to Conceal Parmalat’s Debt: Basically, it could be asserted that it was the executives on the inside of Parmalat and the external auditors that were hand in glove; together they managed to conceal debt. However, in addition to this practice that lasted for many years, the innovative idea of offshore concerns enhanced credibility. In addition to this, the fact that Parmalat products were popular in several countries meant that fewer questions would be asked. Also, for a whole decade none of the auditors in any location raised any concerns. It is thought that the amount concealed by 1995 amounted to $300 million annually in just Latin America. By this time, debt was already enormous and it is obvious that a great deal was being done to conceal it well enough. However, since Parmalat’s increasing debt went unnoticed for a few more years, it is obvious that more action needed to be taken in order to make sure that it stayed covered. This meant that Parmalat had to transfer debt off its financial statements. In order to do this, it had to make use of ‘shell’ companies in the Caribbean. These companies had to show sales, and Parmalat would send them fictitious invoices in order to legitimize the sales. Parmalat would then make out notes to banks in order to show them that they were owed so much finance. Against these notes, Parmalat would be granted loans, as it appeared that the Parmalat was making profits. In order to make their debts disappear, Parmalat transferred its debts to its offshore subsidiaries that were based in tax havens (Parmalat Dream Goes Sour, 2004). The Beginning of the End: Parmalat had been making use of offshore shell companies until 1999. Parmalat shifted operations of its three offshore shell companies to Bonlat, in the Cayman Islands in 1999. This is thought to be the beginning of the end for Parmalat. At this point, debt was so high that it was becoming difficult to conceal it. Fictitious assets at Bonlat amounted to around $8 billion, which forced Parmalat to create a Cayman Islands-based investment fund, Epicurum, which would take over part of the fictitious credit. It was Epicurum that caught auditors’ attention as well as Italys stock market regulator [November 2003]. It was just a matter of a month before everything was exposed and the company officially was declared bankrupt[11]. Finally, it may be asserted that it was the auditors through which Parmalat managed to deceive everyone for so long with the help of top-level management at Parmalat. If Parmalat had not been able to get Grant Thornton to work in their favor along with their internal auditors and top-level management, the entire scam would not have been possible. This dates back to the beginning of the fraud when Parmalat first began to conceal its debt. If it did not have an external auditor on its side to conceal the large debt it incurred because family business and unnecessary purchases, Parmalat’s debt would have been in public view in the early 1990s. However, this was not to be due to a ring of people working to conceal debt. Though there were several people involved in making debt disappear off the records, it can be observed that it was the auditors that made each of Parmalat’s fraudulent schemes possible. This is true to say whether one looks at the debt covered in the earlies t days of fraud or towards the end. The fictitious transactions with shell companies too were made possible due to the auditors who ‘cooked’ the books. However, it can also be asserted that the auditors were not solely to blame in making sure this fraud lasted for so long, as there had to be others in on these schemes too. This included key people of Parmalat such as the executives, its CEO, its internal auditors as well as external auditors and individuals at key financial institutions. In order for a fraudulent scheme to last as long as it did in the case of Parmalat, there had to be a whole ring of people involved, which also explains why it took such a long time and deep investigation to uncover all those were responsible for the scandal. 3. The role and the responsibility of auditors in preventing financial scandals and ensuring and upholding the principles of good corporate governance. In organizations such as Parmalat and other large organizations where there are several shareholders and many people dependent on the progress of these corporations, executives and top-level managers have a responsibility towards them. Generally, it can be asserted that corporate governance refers to ways in which rights and responsibilities are shared between various corporate participants, the management and the stakeholders[12]. Governing corporations such as Parmalat consists of fixed processes, customs, policies, laws and institutions that impact the way it is directed and administered. These are processes that should have been conducted responsibly in order to make sure that Parmalat made progress. If Parmalat was facing debt, executives and all those concerned should have been honest and made sure that these debts were made known (Gumbel, 2004). This would have saved the organization in its earliest days of trouble. Therefore, it can be asserted that being honest and responsib le in corporate governance is important. It is important to assert that corporate governance also encompasses the relationships among the many participants involved in the process (the stakeholders) as well as the goals for which the corporation is managed or governed. The principal participants are the shareholders, management and the board of directors. In addition to these main players there are other stakeholders: employees, suppliers, customers, banks and other lenders, regulators, the environment and the even community[13]. This is because all these people and institutions are affected in one way of another by the actions and repercussions of a corporation and the decisions it makes. In view of the many people that corporate governance impacts as in the case of Parmalat, accountability, fiduciary duty and mechanisms of auditing and control are of immense importance. Responsibility of Auditors: Auditors, whether they are external or internal auditors, have responsibility towards all those involved with a corporation. Particularly, it may be asserted that there are many individuals who are not directly involved with the operations of a corporation, but they may be dependent on its operations significantly. These are the kinds of people that really need to be protected, and auditors have a great responsibility towards them (Gunz and McCutcheon, 1996, 7-15). To begin with, a very basic and generally stated duty of auditors is to make sure that a corporation’s operate efficiently, their records are maintained properly, and its taxes are handed in on time. Auditors generally offer these services to their clients, which include government, public and management accounting. In offering these services, their role includes preparing reports, analyzing, and verifying financial statements and documents for the purpose of providing information to their clients. By performing these tasks honestly and not concealing any information auditors fulfill their duties (Gunz and McCutcheon, 1996, 7-15). This is precisely what is required of them when they deal with huge corporations like Parmalat. The role of auditors would include exposing whether the corporation is actually making huge annual profits or whether they are concealing their debts[14]. In addition to the roles that auditors play in offering their services to corporations, other services they provide include financial and investment planning, budget analysis, information technology consultation, and limited legal services. However, these are services can only be carried out if they perform their fundamental duties responsibly. This is because the figurers that they provide after performing their fundamental tasks impact these additional processes. For example, if debts of a corporation are not presented accurately and annual profits are fictitious, how can an authentic and realistic budget be prepared? Therefore, it can be asserted that auditors cannot work and produce any realistic figures if they distort debts and profits made annually. In recent times, this is what has been occurring. Corporations hire auditors to check their statements. Somehow, these auditors have gotten involved in illegal behavior and have hidden debts and elevated profits. Based on these fig ures they helped in painting pretty pictures for the corporation’s reputation in the market. This is how Parmalat managed to remain in the global market for a long time without being suspected of having immense debt. Having asserted the above, it is also important to consider the fact that in the US there are limitations imposed on auditors that investigate a corporation’s financial statements. Due to the fact that there have been corporate scandals that have involved auditors being involved, it is now illegal for an accounting firm that audits a corporation’s financial statements, to advise areas such as investment banking, legal matters, etc. of that firm. One exception to this prohibition is that auditors may provide advice on tax issues that would benefit the company (Young, 1997). Forensic Auditing: Having asserted the necessity of making accurate reports of financial figures regarding a corporation’s annual budgets or debts, it must be asserted that one major and specialized accounting practice is forensic accounting. Several public accountants specialize in this, as it is of growing importance in today’s world where corporate scandals appear to occur frequently. Forensic accounting includes investigation and interpretation of white-collar crimes. This type of crime includes bankruptcies, securities fraud and embezzlement, and contract disputes. In addition to this, criminal financial transactions, such as money laundering, are also included in white-color crime. It can be asserted that auditors who specialize in forensic accountancy play an important role in preventing corporate scandals such as the one that took place with Parmalat. However, it should be remembered that auditors who do not specialize in forensic accountancy are no novices. This means that if there are any unusual entries and irregularities in records, any auditor should be to detect them, and this is why all auditors are said to have responsibility to report any irregularities[15]. Though auditors generally are able to detect any irregularities, those that specialize in forensic accounting make use of accounting and finance knowledge, law and investigative techniques. They use this combination in order to detect illegal activity in a corporation, and it is obviously a greater advantage to them as they are more specialized. It is known that there are several forensic accountants that work in tandem with personnel from law enforcement departments during investigations. However, this occurs normally after a corporate scandal has been detected. Considering this, it might be a good idea for forensic accountants to work in this manner as part of regular and standard procedure in order to safeguard everyone involved with a corporation. If such a practice were adopted as standard procedure, it would become more difficult for financial scandals to take place. This is considerate of acknowledging that corporations usually appoint their own auditors. Auditing firms might be required to adhere to practices that would make regular procedures more thorough and transparent as a result[16]. Aside from considerations for current practices of audit firms and ones that could be included in order to prevent financial scandals, the general concept of internal and external auditors reviewing and analyzing financial statements of firms aims at doing the same thing. Fundamental Responsibilities of Auditors: It is the primary responsibility of internal auditors to make sure records are accurately maintained. These records are also checked for any form of irregularity, which may include things like mismanagement or even fraud. Internal auditors are not only supposed to maintain records of financial figures, but their roles also encompass examining the firm’s operations with regard to finance and information systems, management, and internal controls. Examining these operations are important as they help to make sure that financial records are accurately maintained. In addition to this, these steps also examine the adequacy of controls to protect the firm against financial scandals (Gunz and McCutcheon, 1996, 7-15). Further, it can be asserted that internal auditors have the responsibility of evaluating important areas of the corporation such as effectiveness, compliance with all standards and corporate policies and procedures, efficiency, laws, and government regulations. Since there are so many types of operations to take care of in a corporation, there are areas of specialization for internal auditors as well. Some of these may include environmental, engineering, electronic data-processing, legal, insurance premium, banking, and healthcare auditors. The reason for specialization in these areas is because there are technical procedures that need to be understood in order to evaluate things like efficiency and effectiveness. Having deeper understanding of individual industries helps internal auditors to evaluate a corporation’s operations more specifically (Bavly, 1999, 25-30). Among the important steps that internal auditors may take towards better controls within a corporation, recommendation of better controls is high on the list of priorities for better auditing processes. An example of recommendations that internal auditors may make in a firm, internal auditors may help managers through co