...Sarbanes-Oxley Act Financial Management Miriacle K. Black Belhaven University Abstract In 2002 an Act by the name of Sarbanes-Oxley was implemented following the bankruptcy of Enron, an American energy, commodities, and Service Company that was based out of Houston, Texas. This paper will discuss and describe the Sarbanes-Oxley Act; also it will answer such questions as: Why was the Sarbanes-Oxley Act enacted? What was the impact of the Sarbanes-Oxley Act? Also, my opinion of whether or not I thing this Act will somehow stop accounting practices. This Act is surely a case of one bad apple spoils a bunch. Sarbanes-Oxley Act The Sarbanes-Oxley Act is a case of one bad apple spoiling a bunch. What is meant by this statement is because of one company’s selfishness and greed; a lot of other companies now have different hoops to jump and straight lines to walk, to keep the same thing from happening again. Not to say outright that the Act is a bad thing because it’s not. When companies go bankrupt that particular company is not the only thing that is affected, these companies have investors and stockholders and they too are affected. This act will allow for such companies and their employers to stay on the straight and narrow. The Sarbanes-Oxley Act was enacted in 2002 following the bankruptcy of Enron, an energy trade company out of Houston, Texas. According to lawyershop.com, Enron kept the fact that they were billions of dollars in debt from its shareholders (Shaw, 2008)...
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...University of Phoenix Material Article Review Format Guide MEMORANDUM UNIVERSITY OF PHOENIX DATE: November 25, 2013 TO: XXX FROM: XXX RE: Impact of Sarbanes-Oxley Act upon management: a behavioral discussion. (Linsley, C., & Linsley, C., 2008) ARTICLE SYNOPSIS The authors of this article had a desire to examine the behavioral psychological affects on senior management staff members after the introduction of the Sarbanes-Oxley Act of 2002. The behavior changes could affect future legislation that regulates the financial community and how it is perceived and applied. Linsey, C. and Linsey, C. (2008), suggest that it would be useful to further understand how legislation affects people in order to predict behavior changes affected by future legislation and regulation. Linsey, C. and Linsey C. (2008), conducted a very thorough investigation into the SOA effects on senior management, using the work of psychologists Tversky and Kahneman, (Linsey, C. and Linsey, C., 2008) to arrive at their conclusion that behavior of senior management was indeed affection by the Sarbanes-Oxley Act. They saw that the Act could have could be seen in a negative light by management due to assumption and bias in their established thinking. One thing that I particularly interesting about the article, is that the authors noted what they considered to be the managerial reaction to the SOA. They believed that the new regulations would magnify managements discernment...
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...Sarbanes-Oxley Act of 2002 Michael Cooks ACC/561 August 18, 2014 Janice Mereba Sarbanes-Oxley Act of 2002 This legislation acquired its name after Senator Paul Sarbanes and Representative Michael Oxley. They were the two main architects to bring this law into existence. This legislation came to into realization in 2002 it brought major changes to financial regulations and corporate governance. The Sarbanes-Oxley Act (SOX) is organized into eleven titles. The purpose of this literature is to describe the main aspects of the regulatory environment which will protect the public from fraud within corporations. To ensure honesty and ethical conduct, the Security Exchange Commission adopted rules that require a company to disclose yearly whether the company has adopted a code of ethics for the company’s top executives and senior financial officers. This literature will also discuss financial fraud and the prevention of financial fraud. Provision of Sarbanes-Oxley Financial Fraud Financial fraud is a deliberate act of dishonesty involving financial transactions for purpose of personal gain. Fraud is a violation of law, as well as a civil violation. Financial fraud is a condition in which the ethical and legal management of financial resources does not take place. In most countries around the world, this kind of fraud transpires as a result of deliberate decisions and activities of individuals who handle money and other assets on behalf of employers or clients. The result of...
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...The Sarbanes-Oxley Act 1. Analyze the new or enhanced standards for all U.S. public company boards, managements, and public accounting firms that the SOX required. The Sarbanes-Oxley Act of two thousand two was an important act for business and investors. Before the act many companies were doing unethical and illegal business practices. Accounting officers were not being held accountable for their actions that effect investors and stocks. This act was introduced to keep accounting information honest and without untrue statements or omissions. The legislation was enforced in 2002 to regulate financial practice and corporate governance. The act was named after Senator Paul Sarbanes and Representative Michael Oxley it contains eleven titles. Numerous inventors and business owners sensed that these disingenuous documents were the consequence of business carelessness in addition to deficient in of appropriate examination of fiscal proceedings by qualified auditors. 2. Examine why the new enhanced standards are necessary. I believe that the new enhanced standards are necessary. The new standards hold officers accountable for their actions and pertain to “Corporate Responsibility for Financial Reports”. In Section three hundred two of the act of periodic statutory financial reports have to include certifications assigning officer or officers have reviewed the report. The report does not contain any untrue statements or material omission...
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...Sarbanes-Oxley Act.2002 Darrell Kelley LAW/412 June 27,2013 Mark Reed Sarbanes-Oxley Act.2002 In this essay one will be discussing Enron, the illegal activity of Enron and the establishment of the Sarbanes-Oxley act 2002. Also one Discusses the ethical views in todays business world and the criminal penalties that the Sarbanes-Oxley Act provides Enron was an American energy business in commodities and services company based out of Houston, Texas. Enron was a rapid growing corporation that organization goal was in producing natural gases, communications, electricity, pulp and paper with was once believed to have had employed approximately over 18,000 employees (Frontain). With monopolizing in such resource ventures Enron was once believed to have made well over 100 hundred billion dollars in revenue. In the height of Enron’s success of banking in million of dollars through out their empire there were also faulty accounting be done internally. Thousand to millions of dollars being signed off to hire up E of the company leading to questioning of the money (Frontain), account scandals and audits. By the early 2000’s Enron was in over their head in fraudulent financial documents, having less than enough funds to payback what was owed, as well keeping employees on payroll Enron made the move of filing bankruptcy leaving whatever ethical, moral responsibility they have had abandoned. With Enron’s fraudulent financial secrets and bankruptcy being brought...
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...case personally? Generate an example of how involvement in unethical or illegal activities, or even the appearance of such involvement, might adversely affect your career. What are the possible consequences when others question your integrity? What can you do to preserve your reputation throughout your career? A perceived, or even likely more detrimental to one’s career, a proven lack of integrity, can cause damage to a career in many ways. Integrity is an important foundation in client and employee/employer relationships. Integrity equates to placing trust in an individual that he or she will conduct themselves with ethical and moral standards. Studying the damage caused to Andersen and Enron is a good example to conduct oneself with a high standard and not engage in activities at our outside of work which would cause someone to question your integrity as well as the trust relationship. An example of involvement in unethical or illegal activities, or the appearance of involvement which may adversely affect your career, would be participation in gambling. While this activity is legal in some states and venues, this activity could be extrapolated to one’s personality which could go against the moral of integrity of clients or supervisors. Since this is a perceived negative activity, a client or employer might wonder what risks of integrity or moral standards the individual applies in work activities. When this happens, clients or supervisors may lose trust in you and...
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...to unethical practices in accounting because the information in the financial statement may not be beneficial for the business or the shareholders. Such instances made it necessary for the government to enact legislation that makes such practices illegal. There are many situations that might lead to unethical practices and behavior in accounting. Misuse of funds, insider trading, bribery and providing misleading financial information for personal gain are all examples of how businesses participate in unethical practices and behavior in accounting, all of which can lead to the inclusion of incorrect information in a financial statement. Prior to 2002, investors had no protection against corporations that failed to fully disclose financial information. This led to some of the biggest corporate fraud cases, involving companies like Enron and WorldCom. In 2002, because of the unethical practices of both Enron and WorldCom, the government created the Sarbanes-Oxley Act of 2002. In order to understand this Act, it is important to know what the term stands for, the intent of the Act, and what the Act is about. According to SOX-online.com, Senator Paul Sarbanes and Representative Michael Oxley are the authors who drafted the Sarbanes-Oxley Act of 2002. The main intent of the Act was...
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...| | | | | | | | | | | Standard setting, best practices and corporate governance reform Legislative initiatives and proposals, e.g. Sarbanes–Oxley Mariecris Dela cruz May 11, 2013 Submitted by: Rose Chezca D.G Regalado Submitted to: Prof. Carolina C. Guerrero May 18, 2013 Sarbanes- Oxley act also known as the Public Company accounting reform and investor protection act ( In the Senate) and Corporate and Auditing Accountability and responsibility Act ( in the House) commonly known as SOX act or Sarbox Act. Sarbanes-Oxley Act was enacted as a reaction to a number of major corporate and accounting scandals including those affecting Enron, Tyco International, Adelphia, Peregrine System and Worldcom. I think Sarbanes Oxley Act was indeed the wake up call for all those companies who violates the laws, those who has a fraudulent financial activity and those who are involved into illegal activities not just in the USA but also companies around the world. Though there are people and organizations who support SOX, there are also numerous complaints and opposition against this act. I think, The real question is DO THE BENEFITS OF SARBANES OXLEY ACT, JUSTIFY ITS COSTS? “Facing a possibility of 20 years in jail and $5 million fines, executives are going to spend lots of time going over financial statements, and less time creating, innovating and leading,” - James Glassman, resident fellow at the American Enterprise Institute “ If the CEO of a $50-billion...
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...Government Regulation Research Paper 1 Crystal Carrothers Introduction Government regulation is around us everywhere. The government needs to make sure that the public’s interests are maintained and preserved. Being an accounting student, I have heard and read about regulation in the accounting industry numerous times. There have been many major accounting scandals in history that have lead to many different kinds of government regulation. The government regulations in accounting are mostly enacted to protect investors. From 2000 to 2002 there was an abundant number of large corporate accounting frauds, which led to the Sarbanes-Oxley Act of 2002. Previous regulations were efficient to a certain extent, but scandals still happened and more regulation seemed to always be needed. Even though the new SOX regulation seems powerful and efficient, I believe that there will always be a need for additional regulation in order to prevent future scandals. Securities Acts of 1933 and 1934 Summary of Regulation The stock market crash of 1929 resulted in the Securities Act of 1933. This act required that before a company an offer or sell securities in a public offering, they must register the securities with the Securities and Exchange Commission (SEC). The registration statement is used to notify the SEC that a sale of securities is pending and that the information needs to be disclosed to prospective buyers. This statement includes information about the issuer and its business...
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...the company’s core ethical values is to convince the staff that their best interest and the firm’s are met by acting ethically (Mallor, Barnes, Bowers, & Langvardt, 2010). Moreover, if the company’s ethical values are in place, the action to report unlawful behavior should not be as difficult. Subsequently, individuals labeled as whistleblowers in the workplace has a challenging, ethical and or morally, as well as lawful thing to do. The intent of this paper is to give a brief synopsis of ethics, whistleblowers, dilemmas of whistleblowers, legal issues involved with individuals labeled as whistleblowers, to include the government and society (The Occupational Safety and Health Administration Act, The Whistleblowers Protection Act, Sarbanes-Oxley Act and False Claim Act) State and Federal Laws protecting whistleblowers, and corrective ways to combat the stigma associated with whistleblowers. Ethics Ethical behavior is important in both one’s personal and professional life. In part, it is who we are as an individual. Specifically, ethics...
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...Evolution of Statutes Io protect trade and commerce against unlawful restraints and monopolies in the United Stated two very compelling acts passed by the federal government. In 1890 the Sherman Antitrust Act was established to make it illegal for companies to strive to establish a monopoly on a product or service, or form cartels ("Sherman Antitrust Act," n.d.). In 1914 the Clayton Act was passed, to give clarification to the Sherman Antitrust Act, The Clayton Antitrust Act tries to exclude certain actions such as price discrimination, price fixing and unfair business practices that can lead to anti-competitiveness in the marketplace. The Sherman Antitrust Act will be amended more than once over the follow decades to keep up with the...
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...Unit 3 Research Paper Government Regulation and Corporate America Kaplan University Online All companies in the United States have to abide by many rules and regulations set in place by our government. It seems as if there are so many if you are just learning about them but once you know and understand them, they all make sense and seem logical. If we had less regulation, there would be more people committing fraud and getting away with it. There are plenty of regulations in place right now and no more are needed unless people are continuing to abuse the system and new ones need put into place. As long as everyone continues to do their job properly, there is no need for any more government regulation. Securities Acts of 1933 and 1934 The Securities Acts of 1933 and 1934 ensure that companies are not misleading in their financial statements that investors base their opinions on. If an investor sees any financial statement to a company, and believes they are in good shape and that they should invest in that company, the company is held liable for any loss the incur. The Securities Act of 1933 requires that before selling securities publicly, a company must register them first. Companies must go through the Securities Exchange Commission and file a registration statement. When they file, they must include their audited financial statements (Beatty & Samuelson, 2010). After this is done, a company may offer their securities on a public market for investors which may include...
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...Whistleblowing and Sarbanes-Oxley This document will describe the key characteristics of a whistleblower and briefly summarize on researched instance of Whistleblowing in one publically traded company within the last 12 months. It will include the details of the issue that the whistleblower reported and the effect of the whistleblower’s actions on both herself and the company. Next, it will evaluate whether or not the whistleblower was justified in reporting the company’s actions. Lastly, it will examine the extent to which the whistleblower would be protected under the Sarbanes-Oxley Act. Characteristics For many years, individuals have raised concerns about misconduct, unethical or illegal practices observed at their place of employment to reporters/media, employers’ ethics hotline, management, via labor law posters, or the Office of the Whistleblower. This included employees from private companies, non-profit organizations, and governmental agencies. Employees can report unethical actions regarding public safety, health, business practices, fraud, waste, and abuse. Keep in mind that is does not have to be an employee; it can also be a supplier, contractor, client or any individual who somehow becomes aware of the illegal activities. Despite the fact that unethical behavior occurs within the workplace, there are still several employees that are loyal to the law, the community and society as a whole. These people are known as whistleblowers. Publicly Traded Company One...
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...Whistleblowing and Sarbanes-Oxley Assignment 1 LEG 500/Professor Augustine February 3, 2014 A Whistleblower by definition is someone who exposes a person or organization engaged in an illicit activity. Whistleblowers expose those that commit misconduct or an alleged dishonest and/or illegal activity within an organization. The infraction must be a violation of a law, rule or regulation and/or a direct threat to public interest, like fraud, health and safety violations and corruption. In almost every part of society the way information is given becomes the most important objective in the fight against misconduct and malpractice. Obtaining information can be difficult as those involved often make it their best interest in hiding the information from the public and authorities. It really helps to receive information regarding the wrongdoing from someone who has actually witnessed the incident, willing to come forth with intricate details. Whistleblowing can provide resolutions to certain situations by opening thought to be nonexistent and disclosed information sources and connections. Reasons behind whistleblowing can vary. Such as, when someone observes the wrongdoing within their workplace and requests to speak to a figure head of the organization to their morals. Whistleblowing becomes a much stronger case when it involves a large portion of the public. The publicly traded company that I researched was the whistleblowing of Bernard L. Madoff Securities LLC. The company...
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...the finance and accounting industries this is not a big surprise. Federal regulators and congress have been encouraging whistleblowers to step up in recent years, however more must be done. Regulators must continue to improve protection and incentives for whistleblowers to come forward. In addition corporate culture must change in its negative view of whistle blowing. Most importantly though professionals, especially accountants must understand that they are serving the public interest and thus must step up and reveal any fraudulent or unethical activities that hurt the public. Whistle blowing is hard to encourage and federal authorities have been doing terrible job of it until recently. The trend has been changing, first with the passing of the Sarbanes-Oxley Act in 2002 that included a provision for expanded whistle blower protection. The act made it legal for public companies to fire employees that reported any illegal activities in which a firm or its employees...
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