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Enforcing Financial Reporting Standards: The Case of White ...

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situation, they had to evaluate if all criteria <strong>of</strong> development costs were fulfilled. He, again,<br />

negated that <strong>White</strong> could already expect future economic benefits as <strong>White</strong> still did not have<br />

an approval by either FDA or EMA. <strong>The</strong>refore, he pushed for an expense charge <strong>of</strong> the lump-<br />

sum payment. As the auditors could not provide an unequivocal interpretation that asserted<br />

the contrary and as they had specifically asked for managerial judgment, they eventually<br />

decided to follow Mr. Muller’s reasoning and approved the expense charges.<br />

<strong>The</strong> Examination<br />

Although the transdermal patch turned out to be a huge success and the executive<br />

teams <strong>of</strong> both <strong>White</strong> Pharmaceuticals AG and Neurocentral, Inc. were eager to extend the<br />

alliance, they could not agree on a follow-up project and the collaboration was terminated.<br />

Consequently, Peter slowly forgot about his struggle <strong>of</strong> how to treat the payments to<br />

Neurocentral, Inc. Thus, in the summer <strong>of</strong> 2008, Peter was not in the least worried when<br />

<strong>White</strong> Pharmaceuticals AG received a letter by the <strong>Financial</strong> <strong>Reporting</strong> Enforcement Panel.<br />

In their letter, the FREP told <strong>White</strong> Pharmaceuticals AG that the company was chosen at<br />

random to be inspected by the new supervising authority. <strong>The</strong>y would like to examine<br />

<strong>White</strong>’s financial statements for the year 2006. Mr. Muller did not really know what was<br />

coming at them but he put Peter in charge <strong>of</strong> the FREP investigation as “this is an accounting<br />

thing and it’s clearly your job to handle this”. As a first task, Peter was to provide the FREP<br />

with <strong>White</strong>’s annual as well as quarterly financial statements including auditor’s report and<br />

their summary <strong>of</strong> unadjusted audit differences. When two months passed without an<br />

additional notification by FREP, Peter started wondering what the examination would bring<br />

about. A little while later, <strong>White</strong> received another letter from the enforcement institution that<br />

indicated areas that the FREP would put an emphasis on in their examination. At the same<br />

time, they requested a number <strong>of</strong> documents to be sent back to the FREP within the next two<br />

9

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