...Adelphia Communications Corporation was a cable company, whose owners, John Rigas and his son Timothy,” were charged with bank fraud, securities fraud, and conspiracy.” (Reference #4) They were charged with all fifteen accounts of securities fraud. Another son of his was acquitted, as well as the former treasurer, Michael Mulcahey. “John and Timothy now face 30 years in prison because of the bank fraud charge.” (Reference #4) “They were charged with hiding over $2.3 billion dollars’ worth of debt in the company,” (Reference #4) as well as stealing from there investors. John became so greedy with the money he was taking, that his son became worried about it and tried to limit him to only taking out one million a month. The prosecution had two witnesses that they used in order to bring down the Rigas’, and they were Adelphia executives, James Brown and Karen Crosniak. They testified and tried to say that they weren’t aware of what they were doing, but ignorance of the law doesn’t mean you can get away with what you do. The effects of what they did have impacted the company so much that they had to move to a new location, and they operate under bankruptcy protection. There are many ethical issues that pertain to this issue, as well as many laws that were broken. First, what some call “creative accounting”, this is when a company tries to do something with their accounting reports to make the company look very profitable so that they can attract new investors. This is...
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...The 10K vs. the Annual Report eBay Inc. is one of the largest e-commerce businesses listed in the Fortune 500. Like other companies, eBay Inc. prepares an Annual Report and a 10K every year in which it discloses each activity and financial performance. eBay Inc.’s Annual Report and 10K are designed for different audiences. The Annual Report provides information about the company’s activities and financial performance for shareholders and investors. The 10K is an official document that publicly traded companies must file with the U.S. Securities and Exchange Commission (SEC). The Annual Report provides specific growth of each activity such as eBay marketplace, PayPal, and Skype to increase the confidence of its shareholders and investors. The 10K provides detailed background and financial information targeted towards business professionals and the SEC. eBay Inc.’s 2009 Annual Report was a letter with a lot of details and numbers to demonstrate the performance. The CEO, John Donahoe, listed specific activities’ revenues and growths such as “In November 2009, we sold approximately 70 percent of Skype allowing us to focus on our two core growth engines: payments and e-commerce.” Also, Mr. Donahoe compared the growth of each activity to previous years. For example, in the first half of the year, on eBay marketplace, “we delivered $8.7 billion in revenues, a 2 percent increase from the prior year.” Mr. Donahoe used sincere language to build a strong relationship with eBay Inc.’s...
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...the largest technology company in the world by revenue and profit. Although Fortune Magazine named them the most admired company in the United States in 2008, Apple has received widespread criticism for its environmental and business practices. Apple issued a statement stating that the Company would likely need to restate its historical financial statements to record non-cash charges for compensation expense relating to past stock option grants. The Company had not determined the amount of the charges, the resulting tax and accounting impact, or which periods may require restatement. Therefore, the Company filed a Form 8-K stating that the financial statements and all earnings issued by Apple relating to periods beginning on September 29, 2002 should therefore not be relied on. The investigation is still going on so Apple is delaying the filing of its Form 10-Q for the quarter that ended July 1, 2006. 2. Discuss “management” responsibility to the investors and stakeholders for the financial restatement. Management is responsible for establishing adequate internal control over financial reporting. Management also has to access the effectiveness of the company’s internal control over financial reporting. It is up to management to identify any material...
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...The Sarbanes-Oxley Act of 2002 The Sarbanes-Oxley Act of 2002 The Act & Impact ACC 410, Jackie Lewis, Ph.D. Abstract The Sarbanes-Oxley Act, officially named the “Public Company Accounting Reform and Investor Protection Act of 2002”, is recognized to be the most noteworthy U.S. federal disclosure and corporate governance legislation since the Securities Act of1933 (the Securities Act) and the Securities Exchange Act of 1934 (the Exchange Act). Furthermore, the provisions of the Act are momentous enough that it is considered by many to be the most significant change to the federal securities laws in the U.S. since the New Deal. The Sarbanes-Oxley Act of 2002 The Act & Impact The Sarbanes-Oxley Act of 2002 was signed into law following the wake of corporate financial scandals. Many large companies such as Enron, WorldCom, and Arthur Anderson were affected. The Act provides a solid set of government rules that are aimed to discourage and punish corporate and accounting fraud, as well as corruption. SOX is designed to carry out these tasks by imposing severe penalties for wrong doings, while protecting the interest of workers and shareholders. The stated purposed to protect investors is maintained by improving the accuracy and reliability of corporate disclosures, imposing strict rules for audits and auditors of publically traded companies, preventing insider trading and deals, requiring companies to adopt strict internal controls, and increasing the penalties...
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...ensure their effectiveness. The purpose of SOX is to reduce the possibilities of corporate fraud by increasing the stringency of procedures and requirements for financial reporting. 2. Richard Scrushy first CEO charged with violating the SOX Act. He was owner and founder of HealthSouth Corp. 3. Under the Sarbanes-Oxley Act, the CEO and CFO of publicly traded companies to certify the appropriateness of their financial statements and disclosures and to certify that they fairly present. 4. 10-K is a company’s annual report that is filed yearly & make public. 10-Q is the company’s quarterly report. Upper management of major companies is to submit these to the Securities Exchange Commissions. 5. A company that meets conditions of a million dollar amount has been subject to periodic reporting requirements pursuant to Exchange Act Sections for certain amount of time, has previously filed at least one annual report pursuant, and is not eligible to file “Small Business” forms. They have75 days after the end of their quarter they have to file their quarterly financial report. 6. A person would go to a company’s webpage to find quarterly and annual reports for publicly traded company. Each company should have an investor relations section. 7. Microsoft: Assistant Director, Nike: Assistant Director, and Cisco: Assistant Director. 8. Some of the criminal penalties for falsifying documents or cover ups information related to financial matters and SOX are imprisonment...
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...APPROVAL UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 OMB Number: 3235-0063 Expires: April 30, 2015 Estimated average burden hours per response ... . 1,998.78 FORM 10-K ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 GENERAL INSTRUCTIONS A. Rule as to Use of Form 10-K. (1) This Form shall be used for annual reports pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) (the “Act”) for which no other form is prescribed. This Form also shall be used for transition reports filed pursuant to Section 13 or 15(d) of the Act. (2) Annual reports on this Form shall be filed within the following period: (a) 60 days after the end of the fiscal year covered by the report (75 days for fiscal years ending before December 15, 2006) for large accelerated filers (as defined in 17 CFR 240.12b-2): (b) 75 days after the end of the fiscal year covered by the report for accelerated filers (as defined in 17 CFR 240.12b-2); and (c) 90 days after the end of the fiscal year covered by the report for all other registrants. (3) Transition reports on this Form shall be filed in accordance with the requirements set forth in Rule 13a-10 (17 CFR 240.13a-10) or Rule 15d-10 (17 CFR 240.15d-10) applicable when the registrant changes its fiscal year end. (4) Notwithstanding paragraphs (2) and (3) of this General Instruction A., all schedules required by Article 12 of Regulation S-X (17 CFR...
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...The purpose of the prospectus is to ensure that the company gives to the public a certain amount of information about its financial position when it is first floated and whenever it subsequently offers its shares and debentures to the public. It must fully and fairly disclose the relevant facts so the risk of investment can be assessed (Vanessa, 2011). Prospectus is a way to give the public a clear understanding of newly listed companies, the investing public should take time to read before investment. The providing of prospectus can also reduce the risk of fraud of companies as they need to disclose their companies’ information fully and fairly. From the Companies Ordinance, prospectus means any prospectus, notice, circular, brochure, advertisement, or other document which offering any shares or debentures of a company to the public for subscription or purchases, or calculated to invite offers by the public to subscribe or purchase shares or debentures. If the shares or debenture are offered to any section of the public, whether selected as members or debenture holders or as clients of the person making the offer or invitation, or in any other manner, it is to be regarded as an offer or invitation to the public(s 48A(1)). Thus, whether the document technically constitutes an offer or invitation to the public, it will fall within the prospectus provisions. The provision relating to prospectuses apply as the shares or debentures had been offered to the public by the...
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...Virtual Organization: Riordan Manufacturing Learning Team B August 3, 2013 FIN370 Prof. Putnam, Richard There are many factors of strength that can be found in a company who’s going public, as well as the company understands that with going public, their real capital can be created. This capital can allow more money to go towards research and development, pay for current capital expenditures, or even help pay off existing debts (Investopedia, 2009). When an organization is publicly traded, this means that the public can notice a company on a much larger scale, than they would have in the past. There now is future potential of investors finding out of a company’s growing successes where they might not have heard of before as with the numbers being public, the success of the company also is shared (Investopedia, 2009). Another potential strength of going public is that of entrepreneurs if looking for a way out, or merely a way to cash out on a successful growing company, it’s a way to gain on that success. (Investopedia, 2009) <-THIS NEEDS MORE SENTENCES Although there is much strength to going public through an IPO, there are also many weaknesses. As we choose to go public we will have to consider the challenges of fully disclosing our company information for investors and publishing our financial records to be in accordance with Securities Exchange Act of 1934. In addition, we need to consider the added cost of complying with additional government regulations as...
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...follow the “Search for Company Filings” link, the “Companies & Other Filers” link, enter “Dell Computer,” and search for SEC filings made by Dell. Find the most recent 10Q and 10K and download the forms. Look on the balance sheet to find the book value of debt and the book value of equity. If you look further down the report, you should find a section titled either “Long-term Debt” or “Long –term Debt and Interest Rate Risk Management” that will list a breakdown of Dell’s long-term debt. Answer: The book value of a company's equity is the same as stockholder's equity, which can be computed by subtracting the total value of liabilities from total assets. (Total Assets) = (Total) Liabilities + Stockholder's Equity (book value of equity). Stockholder's Equity (book value of equity) = Total Assets –Total Liabilities. The book value of the company’s liabilities and equity was found from the site http://www.sec.gov . I found Dell’s Form 10K, dated January 28, 2011, and snap shot is attached here with. Dell’s Form 10K shows the following: Book value of equity: 10-k: Total Assets =38,599 millions; Total Liabilities = 30,833 (Dell 10-K, January 28, 2011, p.57) Book value of equity = Total Assets –Total Liabilities = $38,599 – $30,833 = $7,766 millions, (Dell 10-K, January 28, 2011, p.57). The book value of the company’s liabilities and equity was found from the site http://www.sec.gov...
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...Ethics and Compliance Team C has chosen Lowe’s as our organization. The role of the ethics and compliance in Lowe’s financial environment will be assessed and the procedures the company has in place to ensure ethical behavior will be described. An explanation of how the financial markets work within the United States, identifying the processes that Lowe’s uses to comply with SEC regulations. Attached are the annual report and SEC filings for the past two years. With the financial information from Lowe’s, Team C will select one ratio from each of the ratio categories to include liquidity, asset management, debt management, profitability, and market value. It will be discussed the trend for each ratio and whit it says about the organization’s financial health. Lowe’s values it reputation for maintaining high ethical standards in its workplaces and around the world where ever they do business (Lowe’s, 2012). The company states that integrity is one of their core values and that every employee must comply with all governmental laws, regulations and rules while acting on behalf of the company. All employees of Lowe’s should avoid in any conduct that is inconsistent with the company’s ethical principles, even if it is legally permissible. Lowe’s also requires all vendors and suppliers to comply with their code of conduct and business ethics, failure to do so will result in termination of the business relationship. Lowe’s requires all personnel (including family members...
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...ABSTRACT Publicly traded companies make multiple reports available to their investors through their websites. Not only does these companies make their financial information available to the public, they must also send in detailed reports to the SEC. In this paper, we will be examining a world-wide publicly traded company, American Eagle Outfitters. We will be looking at the financial information that the company has made available for the public to see, as well as the annual form, or 10-K, that is filed with the SEC. FINANCIAL REPORTS AND SEC FILINGS Introduction American Eagle Outfitters, a leading clothing retailer, offering high quality, on-trend clothing options for men and women, adults and children alike. While being a worldwide retailer, American Eagle Outfitters is a publically traded company, which means that its financial information is available for everyone to see. Along with this financial information, AEO must also submit annual reports to the Securities Exchange Commission. In this paper, we will be reviewing the financial reports of American Eagle Outfitters and assessing the differences between each of the financial reports. The Financial Reporting Model The financial reporting model is a written report of the financial condition of a company or firm. Investors and lenders, as well as government oversight, utilize financial reporting for different reasons. Investors utilize financial reporting in order to determine the financial health of a company...
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...Sarbanes-Oxley Act of 2002 Bus 102 – Dr. Sean D. Jasso John Chi 12/9/2010 Table of Contents - Table of Contents Introduction History of the Act Implementation Impact on Business Policy Analysis Conclusion Appendix References pg. 1 pg. 2 pg. 3 pg. 4 pg. 7 pg. 9 pg. 11 pg. 12 pg. 14 1|P a ge Introduction Corporate Scandals are business scandals that initiate from the misstatement of financial reporting by executives of public companies who are the ones trusted to run these organizations. Corporate scandals are derived in many ways and these misrepresentations happen through overstating revenues and understating expenses, overstating assets and understating liabilities, and use of fictious and fraudulent transactions that gives a misleading impression of the company’s financial status. There were a few corporate scandals that took place in the last decade that forever changed investment policies in corporate America. The companies that are most commonly known for these scandals are Enron, Adelphia, and WorldCom. These companies had hidden their true financial status from creditors and shareholders until they were unable to meet the financial commitments which forced them reveal massive losses instead of the implicated earnings. The ultimate result cost investors billions of dollars when the share prices of the affected companies had collapsed. According to Hopwood, Leiner & Young (2002), pg. 130, “the public outcry from the corporate scandals were enormous...
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...such as notices about the registration of shares (Securities Laws, Rules, Regulation and Information, 2008). SEC laws also require companies to be honest and require them to disclose any stock purchased or sold by company executives and to file quarterly 10-Q and annual 10-K reports on the company’s financial results with the SEC (Securities Laws, Rules, Regulation and Information, 2008). Companies must also provide shareholders with annual financial statements and proxy materials and information about annual shareholders’ meetings (The Investor’s Advocate, 2009). These disclosures are meant to assure investors have as much information as possible about their investments and potential investments. Investors can use the information provided in financial statements, for example, to ascertain the financial strength of a company. Financial ratios can be calculated from the information provided by financial statements. Ratios such as the current ratio, debt ratio, return on equity, and day’s receivable can help determine the effectiveness of a company’s management team by illustrating its financial strengths and weaknesses. In 2008 and 2007, respectively, Starbuck’s current ratio was .80 and .79 (Starbucks Corporation Form 10-K, 2008). The current compares current liabilities to current assets to determine how much of a company’s current obligations can be paid for by current assets. In effect, the current ratio illustrates the liquidity...
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...in this exercise are based on Dell, Inc. To answer the questions, you will need to download Dell’s 2005 Form 10-K. You do not need to print this document in order to answer the questions. What is Dell’s strategy for success in the marketplace? Does the company rely primarily on a customer intimacy, operational excellence, or product leadership customer value proposition? What evidence supports your conclusion? Dell’s business strategy combines its direct customer model with a highly efficient manufacturing and supply chain management organization and an emphasis on standards-based technologies. This strategy enables Dell to provide customers with superior value; high-quality, relevant technology; customized systems; superior service and support; and products and services that are easy to buy and use. The key tenets of Dell’s business strategy are: A direct relationship is the most efficient path to the customer. A direct customer relationship, also referred to as Dell’s “direct business model,” eliminates wholesale and retail dealers that add unnecessary time and cost or diminish Dell’s understanding of customer expectations. | | What business risks does Dell face that may threaten its ability to satisfy stockholder expectations? What are some examples of control activities that the company could use to reduce these risks? (Hint: Focus on pages 7-10 of the 10-K.) Dell’s business is extremely competitive and no assurances can be offered that Dell can maintain its...
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...Lab #1 assignment Assess the impact of sarbanes-oxley (sox) compliance law on Enron Course Name: Information Technology Audit & Control Student Name: Abdullah Shafea, Ammar Alshehri and Mohammed Rammal Instructor Name: dr. k. Mustafa Lab Due Date: 23/2/2016 Overview Enron, a corporation headquartered in Houston, operated one of the largest natural gas transmission networks in North America, totaling over 36,000 miles, in addition to being the largest marketer of natural gas and electricity in the United States. Enron managed the world's largest portfolio of natural gas risk management contracts and pioneered innovative trading products. The company was on Fortune's "Most Innovative" in the United States listing for several years running and reached 7 on the Fortune 500 list in 2000. Its bankruptcy in December 2001 was the largest such filing in United States history. The name Enron became synonymous with corporate greed and corruption, and its demise cost investors and employees over $70 billion in lost capitalization and retirement benefits. Enron shows us what a company and its leadership are capable of, when they are obsessed with making profits at any cost. One of Enron's lasting effects was the creation of the Sarbanes-Oxley Act of 2002, which tightened disclosure and increased the penalties for financial manipulation. Second, the Financial Accounting Standards Board (FASB) substantially raised...
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