OR HOW I STOPPED WORRYING AND LEARNED TO LOVE THE FLU

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International Journal of Case Method Research & Application (2009) XXI, 2
                              © 2009 WACRA®. All rights reserved ISSN 1554-7752

               ACCOUNTING IN THE DEFENSE OF THE NATION 1
                   (OR HOW I STOPPED WORRYING AND
                       LEARNED TO LOVE THE FLU)

                                         Heidemarie Lundblad
                                California State University, Northridge
                                 NORTHRIDGE, CALIFORNIA, U.S.A.
                                              Janice Bell
                                            Babson College
                              BABSON PARK, MASSACHUSSETS, U.S.A.

                                                  Abstract

             This paper contains an instructional case that addresses revenue recognition in a
        special “Bill and Hold” situation. It requires research that goes beyond basic Financial
        Accounting Standards Board (FASB) rules and introduces students to the fact that
        accounting rulemaking takes place in a socio-political environment. The case is suitable
        for either an Intermediate Accounting course or a Masters’ level accounting course. It is
        followed by an abbreviated teaching note. A detailed, annotated Teaching Note is
        available from the author upon request.

                                                 THE CASE

     On a brisk day in January 2006, a jubilant Gerald Clury (CEO of Cylan Laboratories 2 , a U.S. generic
drug manufacturer) announced to senior managers a major development: “We’ve got the contract with
HHS to make Tamiflu! Schumer 3 and the FDA 4 used some muscle and got those Swiss to roll over!
Roche 5 is granting us a license to make Tamiflu! Since the media has gotten everybody panicked by
talking of a potential bird flu pandemic because of those deaths in Asia and Turkey, the feds are going to
build up stockpiles of anything that may help against it, and we are in the catbird seat! Jack, didn’t you
tell me that we can easily produce 15 million doses in a couple of months, once we get going?”
     Jack Straw, VP of Production, grinning from ear to ear enthusiastically replied, “You betcha, we’ve got
capacity. Ever since Pfutzer grabbed that contract for the Anthrax drug from the DOD 6 , we’ve got nothing
but capacity! We’re ready to roll. Just get me the specs!”
     “No problem,” Clury confidently replied, “Roche is sending us the final technical details. You should
have them by the end of the week. HHS 7 wants a minimum of 20 million doses of Tamiflu and – icing on
the cake! – they also want to get us a license to produce that experimental vaccine against the H5N1
strain of avian flu, you know, the one that Chiron 8 is working on. They are demanding the same deal from
Chiron that they got from Roche and - I don’t want to brag - but let’s face it, we are best positioned to
produce the quantities that HHS needs for its stockpile. I don’t want to raise your hopes too high, but I see
bonuses in your future!”
     Ellis Myles, head of public relations, bobbed up and down with excitement: “Did you see the ticker?
Our stock went up to a 52 week high as soon as the announcement of the Roche deal came out! When
can I issue the press release on the Chiron deal? Man, this is big! We are going to be profitable and get
credit for doing a good deed for the nation as well!”
     “Let’s slow down a little, before we count those chickens – sorry, bad pun,” interjects June Weaver,
the controller. “I’m as excited as you are about the chance for solid profits while we do something good
International Journal of Case Method Research & Application (2009) XXI, 2                                 141

for the country. But I am a little concerned about the details. Looking at the contract, I see that we get
30% of the contract price as soon as we accept the order. The rest will be paid when the doses are put in
the stockpile. That’s okay. But, and I’m sorry, this is a big but – I see in ‘item 3’ of the contract that we
won’t actually deliver the doses to the feds unless there is an outbreak of the bird flu. In the meantime we
must maintain the stockpile and – I quote – ‘be ready to deliver at a moment’s notice’. Additionally, we
have to ensure that there is always a fresh supply of Tamiflu available. There goes our lean just in time
inventory system! ‘Item 5’ does say that we can sell the drugs (or the vaccine) to another party, as long
as we ensure there will be sufficient quantities in case of need. That will help, as far as the need to rotate
the stuff is concerned. 9 But, I don’t know how we can recognize revenue from the deal until we actually
deliver the doses - I mean, we obviously won’t even segregate them! This sure looks like the kind of thing
the SEC objected to in the Parness case 10 , you know, the infamous ‘Bill and Hold’ trick.
     “Shoot, June,” Clury grouses, “are you telling me that we can’t recognize revenue until we deliver?
That doesn’t make any sense. What if there is no pandemic? The contract is for three years, and we get
to keep the money, so when do we get to show the revenue? You better get on this right away and get
me an answer by tomorrow! I sure want to be a good corporate citizen, but, dang, we can’t afford to do
this if there is nothing to show on the income statement except expenses! Alright, meeting’s over. And
June, you get me a detailed report on this revenue recognition stuff by tomorrow – no later than three. I’m
booked on an interview show with CNBC about this avian flu pandemic and if those bean counters try to
sandbag me, I want ammunition, because I’m gonna’ let ‘em have it.”

                                              TEACHING NOTE

     This case was prepared on the basis of publicly available documents; it addresses an unusual,
specific issue (revenue recognition prior to delivery of a drug or vaccine designed to prevent a possible
pandemic) and is loosely based on a real company that had to address the issues discussed in the case.
However, since the dialogue is purely fictitious, all names (including the company name) are also
invented. The case is suitable for and has been used successfully in several sections of Intermediate
Accounting. It would also be suitable for an MBA level course on financial reporting. The case itself is
quite short; however, a fairly significant amount of research is required to successfully complete the
assignment. In addition to the case itself, this abbreviated teaching note includes a suggested “writing
prompt” and a copy of a generic critical thinking grading rubric is included. A detailed, annotated grading
(solution) matrix is available upon request.
     The case can be used as part of classroom discussion or as (as the author has done) it is suitable to
teach students how to prepare a memo or short report. If the case is used for a written assignment a
suggested “writing prompt” as follows is included. The author believes that students need to learn to be
concise. The writing prompt requires a memo not to exceed one page (plus references). Obviously, a
more extensive research report could easily be required.
     As the brief discussion above indicates, although the case is short, it addresses an important
accounting issue and it forces the instructor and students to reconcile accounting theory as defined in the
Financial Accounting Concepts with political, social policy reality. This provides an opportunity for
interesting discussions regarding the social, political environment in which accounting policy must be
made.

                                      SUGGESTED WRITING PROMPT

PURPOSE

    •   Research the appropriate accounting literature on revenue recognition.
    •   Analyze, interpret, and synthesize the technical material.
    •   Effectively communicate the information in a memo using direct organization, mostly active voice,
        and proper documentation.
    •   Present a logical explanation demonstrating that you have related the information to the
        accounting issue.
142                                   International Journal of Case Method Research & Application (2009) XXI, 2

WRITING TASK

    After researching the appropriate authoritative accounting literature, prepare a one-page memo
addressed to Mr. Clury. Communicate your findings using direct organization. List your references on the
second page.
    As can be seen from the writing prompt, the accounting issues are not specifically identified in the
question. The case contains sufficient information to allow students to identify the accounting issues and
to engage in the appropriate research to complete the assignment. Students receive a generic “evaluation
rubric” (included in the appendix) that show how the assignment will be evaluated. (A detailed, annotated
evaluation rubric and comprehensive Teaching Note is available to instructors upon request).

                                              APPENDIX
                                     GENERIC EVALUATION RUBRIC

This is the generic critical thinking grading rubric. Students download and attach it to their assignments.
For grading purposes a detailed annotated grading rubric is used. It is available to instructors upon
request.

       Case /Name                                                                            Points
        Factor
       Determine and state the relevant facts
       Identify and state accounting issues
       Research the relevant authoritative literature
       Interpret and Apply the Accounting Literature to the Issue(s).
         1. Identify and State Solution(s) Select and Support a Solution:
              Discussion supports the selected solution using reasons based on
              logical interpretation of the relevant literature.
         2. If appropriate supply schedules or journal entries

1) Determine and State Relevant Facts: (Critical Thinking-reason)
   a) Student sorts relevant material from irrelevant materials
   b) Student separates opinions from facts
   c) Student identifies need to collect data

2) Identify and State Accounting Issues (Critical Thinking-reason & understanding Conceptual Material)
   a) Student understands the transaction or events
   b) Student recognizes items not stated: unperformed duties, hidden contingencies
   c) Student classifies the issue into a broad category: revenue recognition, matching, etc.

3) Research the Relevant Authoritative Literature (Research & Critical thinking -reasoning)
   a) Student researches GAAP and doesn’t discuss tax requirements
   b) Student researches the issue identified in item 2
   c) Student seems to understand the standards researched

4) Interpret and Apply the Accounting Literature to the Issue(s) (Critical Thinking-understands multiple
   perspectives & applies conceptual understanding)
   a) Identify and state the solution: States a clear solution that a client can understand; or
   b) Identifies alternative ways to treat if appropriate.
   c) Defends solution and /or plausible alternatives clearly with judgment that is based on accounting
       literature/concepts. (Analyzes deeply enough that each portion of the research is tested, e.g. if
       extraordinary event needs to be material, unusual, and infrequent, student tests items against all
       three.)
International Journal of Case Method Research & Application (2009) XXI, 2                                 143

    d) Uses material (facts) from case and compares to the accounting literature
    e) Develops necessary supporting schedules, recommends correct journal entry as appropriate.
    f) Organizes thoughts in a logical order demonstrating deductive or inductive reasoning.

                                                  ENDNOTES

1   The author gratefully acknowledges the assistance of Janice Bell for drawing attention to a SEC
    press release and suggesting to develop a case on this issue. Thanks are also due to two
    anonymous reviewers who made helpful suggestions.

2   Cylan is a fictional company. However, the issues addressed in this case are based on actual events
    and companies.

3   Senator Charles Schumer (D-NY) issued public demands that Roche Holdings sublicense its patent
    for Tamiflu to U.S. generic drug makers: “Right now, Roche a giant Swiss company has the patent for
    Tamiflu, but they, unfortunately, are putting profits before rural health safety. ... and so we have asked
    Roche what we asked Bayer to do, when the country needed Cipro, to sublicense its patent … so we
    could quickly produce enough Tamiflu.” (Schumer 2005)

4   FDA: Food and Drug Administration (The federal agency overseeing drug manufacturing in the U.S.)

5   Roche Holding A.G. is the Swiss pharmaceutical company that owns the Tamiflu license patent.

6   DoD: Department of Defense

7   HHS: Department of Health and Human Services. It is the federal agency that has the legal authority
    to order measures to combat a pandemic and stockpile medications, etc. http://www.hhs.gov/
    pandemicflu/plan/appendixe.html

8   Chiron, Inc. (now majority owned by Novartis of Switzerland) is the pharmaceutical company that
    produces a majority of the flu vaccine used in the U.S. The company is currently testing a vaccine
    against avian flu for humans.

9   The shelf life for Tamiflu is about ten years. For the vaccine it is probably no longer than two years.

10 See Securities Exchange Act Release No. 23507 and Accounting and Auditing Enforcement Release
   No. 108, In the Matter of Stewart Parness (AAER 108) (August 5, 1986).

                                                REFERENCES

    American Institute of Certified Public Accountants:          SOP 97-2 Software Revenue Recognition.
Journal of Accountancy, January 1998

    Anon: “U.S. Senator Schumer Holds a News Conference on Avian Flu”. 2005 Political Transcript
Wire. Lanham: Oct 18, 2005. Accessed January 5, 2006: http://proquest.umi.com.libproxy.csun.edu:
2048/pqdweb?did=913014591&sid=1&Fmt=3&clientId=17859&RQT=309&VName=PQD

   _____: “Chiron to Supply United States with Pandemic Influenza Vaccine for Stockpile; Contract with
U.S. Department of Health & Human Services for H5N1 Stockpile”. Business Wire, October 27th, 2005.
Accessed online January 7, 2006: http://www.chironvaccines.com/company/vaccines_Press_Area_27_
October_2005.php
144                                  International Journal of Case Method Research & Application (2009) XXI, 2

    Financial Accounting Standards Board: Statement of Financial Accounting Concepts No. 5,
Recognition and Measurement in Financial Statements of Business Enterprises. Financial Accounting
Standards Board, Norwalk, Conn., December, 1984

   Godfrey, John: “Avian Flu: Preventing A Pandemic” Dow Jones Newswires, December 9, 2005.
Accessed 1/1/2006: http://online.wsj.com/article/SB113406482685717452.html

      Insana, Ron: “Drug company takes flu threat seriously” USA TODAY, November 5, 2005, p.5B

    Securities and Exchange Commission: Accounting and Audition Enforcement Release No. 108. In
the Matter of Stewart Parness. Securities and Exchange Commission, August 5, 1986. 17 CFR Parts 231,
241, and 271 [Release Nos. 33-8642; 34-52885; IC-27178]

   _____: “Staff Accounting Bulletin 101: Revenue Recognition In Financial Statements. Securities and
Exchange Commission, Dec. 3, 1999 http://sec.gov/interps/account/sab101.htm

   _____: “Staff Accounting Bulletin 104 Topic 13: Revenue Recognition, A. Selected Revenue
Recognition Issues 3: “Delivery and Performance” (Bill and Hold Sales)”: Securities and Exchange
Commission, Dec. 17, 2003 17 CFR Part 211: http://www.sec.gov/interps/account/sab104rev.pdf

    _____: “Commission Guidance Regarding Accounting for Sales of Vaccines and Bioterror
Countermeasures to the Federal Government for Placement into the Pediatric Vaccine Stockpile or the
Strategic National Stockpile.” Securities and Exchange Commission, December 5, 2005. 17 CFR Parts
231, 241, and 271 [Release Nos. 33-8642; 34-52885; IC-27178] http://www.sec.gov/rules/interp/33-
8642.pdf
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