Beruflich Dokumente
Kultur Dokumente
0 Case Summary
Transmile Group Berhad (Transmile) is one of the famous corporate scandal cases in
Malaysia and we found some elements of whistleblowing in it. Whistleblower refers to a person
who is exposed to any kind of information or activity that is deemed illegal, unethical or not
correct within an organization and it can be either privately or publicly. The act of BOD of
Transmile to hire a third party to investigate their financial statements as a result of external
auditor didn’t want to sign the accounts and the newly appointed director’s police report
regarding the false statement on their financial statements have the elements of whistleblowing.
The company was hit with an accounting scandal in 2007. It started when the company failing to
adhere to the deadline in submitting its audited annual accounts for the financial year ended 31
December 2006 to Bursa Malaysia for public release. The director also charged by the false
statement about revenue and also the overstated of revenue. Things got worse when the external
auditor declined to approve the annual accounts for lacking of certain supporting documents. This
is because the external auditor did not want to sign the account as he couldn’t get the fundamental
confirmation for the transactions related to trade receivables and the sale and purchase of
property plants and equipment in the company and its subsidies. In this case, the fraud wasn’t
detected by external auditor but through special audit of the company’s account by Moores
Rowland. It was discovered that the revenue was overstated by RM622 million from 2004 to
2006 (Fong, 2007b).
2.0 Case Descriptions
Up to this date, two of its directors, Shukri Sheikh Abdul Tawab and Jimmy Chin Keem
Feung were found guilty by Sessions Court for authorizing the furnishing of a misleading
statement to Bursa Malaysia for Financial Year Ended 31 December 2006 with sentence one year
imprisonment and a fine of RM300,000. While charge for Chief Financial Officer, Lo Chok Ping,
has been withdrew as he paid a compound of RM700,000 and charge for the other directors, Gan
Boon Aun and Khiudin bin Mohd are still pending in the Court of Appeal.
3.0 Discussion
We believe that public whistleblowing is probably the most effective way to uncover the
misconduct. If the company is too big and have a good relationship with the government, the
agency may cover up the possible misconduct of the company. The protection under WPA has its
own limitations when it clashed with other laws such as the Official Secrets Act 1972 (OSA) and
the Financial Service Act 2013. The whistleblower can be accused under those laws. The
ambiguous reward system for whistleblower also reduces the desire to reveal the misconduct.
In the case of Transmile, it’s clear that there are some elements of whistleblowing. The
act of BOD of Transmile to hire a third party to investigate their financial statements as a result
of external auditor didn’t want to sign the accounts and the newly appointed director’s police
report regarding the false statement on their financial statements have the elements of
whistleblowing. As the result, the share price drop from the highest on 3 January 2007 at
RM14.40 to RM4.64 in 6 months. The two former directors who also audit committee members
were found guilty. (Hamid, Shafie, Othman, Hussin and Fadzil, 2013)
The Audit Committees in the case of Transmile was led by Chin Keem Feung when it was
found with serious accounting issues. Their role of the Audit Committee in assisting the BOD in
carrying out the statutory duties is very important, but it was not in the case of Transmile where
some vital information regarding the financial statements which rose by external auditor, Deloitte
& Touche was not communicated to BODs.
Next, the confidentiality and protection of the informer should be the concern of the
organization to encourage the whistleblower to reveal the misconduct. In the case of transmile, it
was most likely the employees, accountants and the managers who involved direct and indirectly
in the fraud knew about it but choose to remain silent since there is no procedure or policy to
protect them in case of whistleblowing happened .
Lastly, as another channel to report misconduct, the organizations can set up a good
system to manage the complains and problems in an organization. It can be done through a
website or special email address to manage all the complains. It can be run by any responsible
person such as internal audit, audit committee or whistleblowing committee.
The guilty parties or those morally responsible on the case and the wrongdoing are listed below :
The air cargo operator which once flew high today has shrunk into a company with no
business activity and a few subsidiaries and associates that have long ceased operations and are
dormant. In the case of Transmile scandals, ethical issues that occur in Transmile have affected
the following parties:
1. Stakeholders
The shareholders also adversely affected from the discovery of "accounting fraud" in
Transmile and the stockholders have to endure a huge loss in their investment in Transmile. As
a result of the scandal in Transmile, a meeting was held and the members of the meeting agreed
to dispose of a wholly owned subsidiary, Transmile Air Services (TAS). Overall sales revenue
of RM40 million has been paid to the creditors of the group following the scheme and TAS has
been waived, released and discharged from all claims, guarantees and other obligations as part
of the debt restructuring scheme. The sales proceeds of US$2.74 million (about RM8.81
million) was used to meet outstanding and overdue expenses including legal and other
professional fees.
2. Employee
After an investigation conducted, the party authorities found Transmile’s scandal cases
have collusion between some groups of workers who are responsible for the organization and
with suppliers who are outside from the organization. This leads to the good name of another
employees who were not involved also affected, while some of them did not know anything
regarding the fraud and weren’t directly involved in this scandal case.
3. Stock Market
Capital stock markets were also affected by this scandal, which led to sudden fall in the
value of shares in Transmile. The shares in Transmile had reached RM14.40 prices in early
year 2007, but after this scandal cases were exposed. In general, we see it worn a surprise for
everyone, especially for investors and when the current value of shares fell to RM4.64 in 6
months. Looking at the case of this scandal is a huge issue, the stock continues to fall Transmile
up to RM0.50 per share in March 2010. The decline in prices has led to eliminate large market
capitalization and delisted from market exchange.
Deloitte & Touche is the external auditor who audited the Transmile Group Bhd. Deloitte
& Touche who has enjoyed a long-term relationship with Transmile, stretching more than a
decade. The long-standing relationship could however to a certain extent pose the familiarities
threats. Familiarity, could negatively affect auditors’ independence of mind and therefore their
auditing quality. Since scandal case exposed, it also affected Deloitte & Touche’s reputation
and could be issues of possible conflict of interests and independence of auditors. It could raise
the public doubt to the credibility of the auditing profession and affects the public’s confidence
in auditors’ duties.
5. Government
The Transmile scandal has tarnished the credibility of Malaysia in corporate governance
and transparency in Malaysia. Scandal case like Transmile could affect reputation of the
government in order to promote corporate accountability and integrity, which encourage the
practice of ethical values higher through the implementation of the National Integrity Plan.
4.0 Conclusion
There are many factor that lead to the fraud in the Transmile case. One of the main factors
are the managerial behavior that wants to make the company appear to be good in term of
performance, which lead to the activity of reporting a higher profit than the actual amount. Beside
that, the lacks of internal control system to prevent and detect the misconduct also lead to the
fraud to occur without notice. Another factor is lack of monitoring and detecting by the BOD
themselves. Transmile should identify why there are a significant increase in the profit.
Whistleblowing has influenced many changes within the business and industry practices.
Before the Whistleblower Protection Act 2010 (DPA) has been introduced, whistleblowing
retaliation against anyone who would provide information of corruption within a business was
quite common. DPA is one of the Malaysian laws introduced to combat corruption and unethical
doings. It is important by encouraging and facilitating disclosures of improper conduct in the
public and private sector, to protect persons making those disclosures from detrimental action, to
provide for the matter disclosed to be investigated and dealt with and to provide for the remedies
connected therewith.
Whistleblowing has many impacts and effects on a business including loss of credibility,
a decline in customers which results in a decline financially for the business. Whistleblowing can
cause a business to lose future business endeavors. Whistleblower needs a clear sign of support
from the organization. Therefore, companies should give strong support to them by continuously
monitor the whistleblower’s welfare, encourage the whistleblower to report any retaliation
against him or her as well as ensure their job security. By doing so, the whistleblower will feel
they are being protected and supported.
It is important for corporate to use whistleblowing as a tool to detect fraud in the company
even though there might be a side effect of the fraud being exposed, as it is for the protection of
the shareholders and the company itself in long term developments and growths.
REFERENCES
(1)Ghani, N. A., Galbreath, J., & Evans, R. (2011). Predicting whistle-blowing intention among
supervisors in Malaysia. Journal of Global Management, 3(1), 1-18.
(2)Hamid, F. Z. A., Shafie, R., Othman, Z., Hussin, W. N. W. and Fadzil, F. H. “Cooking the
Books: The Case of Malaysian Listed Companies.” International Journal of Business
and Social Science Vol. 4, No. 13 (2013): 179-186.
(3)Mohamed, Norazida (2014) Financial Statements Fraud Control: Exploring Internal Control
Strategies in Two Malaysian Public Interest Entities’. Unpublished PhD Thesis. Teesside
University
(4)The Star Business, ‘Transmile report singles out CEN Worldwide’, June 19, 2007.
http://www.thestar.com.my/business/business-news/2007/06/19/transmile-report-singles-out-cen-
worldwide/
(5)Business Times, ‘Transmile audit shows losses in 2005, 2006’, June 20 2007.
http://www.malaysianbar.org.my/business_news/transmile_audit_shows_losses_in_2005_2006.ht
ml
(6)The Chief Executive Officer and the Chief Financial Officer of Transmile were charged in the
Kuala Lumpur sessions court in July 2007 30(Business Times, ‘Former Transmile CEO, top
officials charged’, July 13, 2007). http://www.thesundaily.my/node/169751
(8)Fong, K. (2007a, 8 June). RM300mil suspect deals at Megan Media Unit. The Star.
(9)Fong, K. (2007b, 31 May). Transmile’s revenue may be overstated, special audit finds. The
Star.
(10)Lim,K.S. (2007, June 14) RM530 million Transmile accounting fraud. Retrieved from
https://blog.limkitsiang.com/2007/06/02/rm530-million-transmile-accounting-fraud-how-liong-
sik-is-to-assume-responsibility-as-chairman/