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Corporate accountability introduction
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In 2002, Congress passed the Sarbanes-Oxley Act (SOX) to strengthen corporate governance and restore investor confidence. The act’s most important provision, §404, requires management and independent auditors to evaluate annually a firm’s internal financial-reporting controls. In addition, SOX tightens disclosure rules, requires management to certify the firm’s periodic reports, strengthens boards’ independence and financial-literacy requirements, and raises auditor-independence standards. While the intention for the Act is clear but its ultimate effects continue to be debated. SOX proponents maintain that the act alleviates investor concerns by improving the transparency and accuracy of financial reports. Opponents are saying that compliance
will impose heavy burden on publicly traded firms, specially to the small firms, which will face higher average costs and derive lower average benefits as a result of new regulations. Studies on SOX have shown enough evidence that SOX will increase firms’ accounting and auditing costs. Regardless of size of the firm, audit costs will be higher for small firms and that this disparity increased after SOX enactment, especially for small firms subject to SOX §404.
Smaller states like Delaware and New Jersey objected to the Virginia Plan saying that the large states would easily outvote them in Congress if the number of votes were based on population. After weeks of debate, William Patterson of New Jersey put forth a plan that called for three branches including a legislature with only one house where each state would have one vote. The New Jersey Plan with a single house legislature and equal representation was more like Congress under the Articles.
Based on the Gilded Age, literally meaning a layer of gold is displayed on the outside and once you look deeper past through the top layer of gold, you can identify that the robber barons are the culprit of the corruption in the government who monopolized the corporate America. Although, there is a great transition from the agricultural economy towards the rapid growth of the urban and industrial society, the robber barons created a lot of problems to much of the working class poor in America.
To those ready for change, as of mid-1776 our colonies have gone through drastic changes in over the past few years in order to unite and become a sovereign country. Following the Sons of Liberty’s Boston Tea Party incident, British Parliament passed a series of unacceptable laws, known as the Intolerable Acts, which clearly violated our human rights. The Boston harbor was shut down, a British Governor was appointed to Massachusetts, British soldiers are now being quartered in colonists’ homes, and a series of tax laws were placed on items which were previously essential to colonists. To top it off, this has taken place without the colonial men and women’s voice being represented overseas in Parliament. The Provincial Congress has been put together to vote on how to resolve the Intolerable Acts.
The Sarbanes-Oxley Act of 2002 (SOX) was named after Senator Paul Sarbanes and Michael Oxley. The Act has 11 titles and there are about six areas that are considered very important. (Sox, 2006) The Sarbanes-Oxley Act of 2002 made publicly traded United States companies create internal controls. The SOX act is mandatory, all companies must comply. These controls maybe costly, but they have indentified areas within companies that need to be protected. It also showed some companies areas that had unnecessary repeated practices. It has given investors a sense of confidence in companies that have complied with the SOX act.
“FERPA [Family Educational Rights and Privacy Act] essentially means you have no right, as a parent, to know what or how your children are doing in school.” Michele Willens says this in her article, “College Students Have Too Much Privacy” about the FERPA act that was passed in 1974. It was originally put in place to protect the privacy of students, but it also keeps information private from the student’s parents, or current gauardians. Because so many parents waste money on college students that might miss classes or even drop out without them knowing, the FERPA act needs to be reformed.
The Charter of Rights and Freedoms is the strong foundation for the diverse country of Canada. They uphold various beliefs and values Canadians may have. Under the constitution in 1982, the CRF (Charter of Rights and Freedoms) was entrenched by then Prime Minister Trudeau. The CRF has 4 rights; Equality, legal, democratic and mobility, there is also 4 freedoms; of Conscience and Religion, of thought, belief, expression and media, of peaceful assembly, and Association. If people feel that their right and/or freedom has been violated, they can go to court by using a “Charter Challenge. ” A charter challenge is when something inequitable or unfair has been done, the citizen can pursue the court case stating that something violated their rights and/or freedoms. All the rights and freedoms help
Title IX is a federal law that states “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Summing that up, Title IX prohibits sex discrimination in education. Title IX has banned sex discrimination in schools since 1972. Title IX is best known for parceling obstacles in sports for women and girls, it also ameliorates for girls to pursue math and science, requires fair treatment for pregnant and parenting students, and protects students from bullying and sexual harassment, among other things. Title IX applies to all educational institutions. Both public and private,
The Voting Rights Act marked a significant shift in American democracy, ensuring the right to vote for all regardless of race, religion, or sex. The key provisions of the Voting Rights Act, Section IV and Section V, ensured the overview of all state mandated voting laws, safeguarding constitutional values despite racial opposition. The breaking down of this provision under Supreme Court Ruling Shelby County, Alabama v. Holder, Attorney General has the potential to undo decades of progress to tackle racial barriers, isolating and withholding the right to vote for the weak, effectively dissolving democracy for the ones who need it the most.
In July of 2002, Congress swiftly passed the Public Company Accounting Reform and Investors Protection Act at the time when corporations like Arthur Anderson, Enron and WorldCom fell due to fraudulent accounting practices and bad internal control. This bill, sponsored by Mike Oxley (R-OH) and Paul Sarbanes (D-MD), became known as Sarbanes-Oxley Act (SOX).It sought to restore public confidence in publicly traded companies and their accounting practices, though the companies listed above were prosecuted on laws that were already in place before SOX. Many studies have examined the effects of SOX on corporations in the past eleven years. The benefits are hard to quantify and the cost are rather hard to estimate including the effect on market efficiency.
The NSA is a U.S. intelligence agency responsible for providing the government with information on inner and foreign affairs, particularly for the prevention of terrorism and crime. The NSA maintains several database networks in which they receive private information on American citizens. The agency has access to phone calls, emails, photos, recordings, and backgrounds of practically all people residing in the United States. Started in 1952 by President Harry Truman, the NSA is tasked with the global monitoring and surveillance of targeted individuals in American territory. As part of the growing practice of mass surveillance in the United States, the agency collects and stores all phone records of all American citizens. People argue that this collected information is very intrusive, and the NSA may find something personal that someone may not have wanted anyone to know. While this intrusion's main purpose is to avoid events of terrorism, recent information leaks by Edward Snowden, a former NSA contractor, show that the agency may actually be infringing upon the rights of the American citizen. Whether people like it or not, it seems that the NSA will continue to spy on the people of the United States in an attempt to avert acts of terrorism. Although there are many pros and cons to this surveillance of American citizens, the agency is ultimately just doing its job to protect the lives of the people. Unless a person is actually planning on committing a major crime, there is no real reason for citizens to worry about the NSA and it's invasion of our privacy. The agency is not out to look for embarrassing information about its citizens, rather, only searches for and analyzes information which may lead to the identification of a targe...
Individual Article Review Lily Cobian LAW/421 March 31, 2014 Ramon E. Ortiz-Velez Individual Article Review Introduction My article review is based on Sarbanes-Oxley and audit failure, a critical examination why the Sarbanes-Oxley Act of 2002 was established and why it is not a guarantee to prevent failure of audits. Sarbanes-Oxley Act talks about scandals of Enron which occurred in 2001 and even more appalling the company’s auditor, Arthur Anderson, found guilty of shredding company documents after finding out Enron Company was going to be audited. The exorbitant amounts of money auditors get paid to hide audit discrepancies was also beyond belief. The article went on to explain many companies hire relatives or friends to do their audits, resulting in fraud, money embezzlement, corruption and even the demise of companies. Resulting in the public losing faith in the accounting profession, the Sarbanes-Oxley Act passed in 2002 by congress was designed to restrict what company owners and auditors can and cannot do. From what I gathered in the article, ever since the implementation of the Sarbanes- Oxley Act there has been somewhat of an improvement but questions are still being asked as to why there are still issues that are not being targeted in hopes of preventing more audit failures. The article also talked about four common causes of audit failure: unintentional auditor mistakes, fraud, fatigue and auditor client relationships. The American Institute of Certified Public Accountants (AICPA) Code of Professional Conduct clearly states an independent auditor because it produces a credible audit, however, when there is conflict of interest, the relation of a former employer, or a relative or even the fear of getting fire...
Throughout the past several years major corporate scandals have rocked the economy and hurt investor confidence. The largest bankruptcies in history have resulted from greedy executives that “cook the books” to gain the numbers they want. These scandals typically involve complex methods for misusing or misdirecting funds, overstating revenues, understating expenses, overstating the value of assets or underreporting of liabilities, sometimes with the cooperation of officials in other corporations (Medura 1-3). In response to the increasing number of scandals the US government amended the Sarbanes Oxley act of 2002 to mitigate these problems. Sarbanes Oxley has extensive regulations that hold the CEO and top executives responsible for the numbers they report but problems still occur. To ensure proper accounting standards have been used Sarbanes Oxley also requires that public companies be audited by accounting firms (Livingstone). The problem is that the accounting firms are also public companies that also have to look after their bottom line while still remaining objective with the corporations they audit. When an accounting firm is hired the company that hired them has the power in the relationship. When the company has the power they can bully the firm into doing what they tell them to do. The accounting firm then loses its objectivity and independence making their job ineffective and not accomplishing their goal of honest accounting (Gerard). Their have been 379 convictions of fraud to date, and 3 to 6 new cases opening per month. The problem has clearly not been solved (Ulinski).
The rise of Enron took ten years, and the fall only took twenty days. Enron’s fall cost its investors $35,948,344,993.501, and forced the government to intervene by passing the Sarbanes-Oxley Act (SOX) 2 in 2002. SOX was put in place as a safeguard against fraud by making executives personally responsible for any fraudulent activity, as well as making audits and financial checks more frequent and rigorous. As a result, SOX allows investors to feel more at ease, knowing that it is highly unlikely something like the Enron scandal will occur again. SOX is a protective act that is greatly beneficial to corporate America and to its investors.
After major corporate and accounting scandals like those that affected Tyco, Worldcom and Enron the Federal government passed a law known as the Sarbanes-Oxley Act of 2002 also known as the Public Company Accounting Reform and Investor Protection Act. This law was passed in hopes of thwarting illegal and misleading acts by financial reporters and putting a stop to the decline of public trust in accounting and reporting practices. Two important topics covered in Sarbanes-Oxley are auditor independence and the reporting and assessment of internal controls under section 404.
What makes the Sarbanes-Oxley Act effective is that it is “Administered by the U.S. Securities and Exchange Commission (SEC), SOX sets deadlines for compliance and publishes rules on requirements, covering a wide range of rules. The consequences for failing to comply with certain provisions range from fines to imprisonment” (Cunningham). The SOX also creates, “accountability of company executives and members of the board of directors” (Jahmani). The act essentially created several provisions to regulate and protect shareholders along with the general public from accounting errors and fraudulent practices in the enterprise. The accounting industry, financial reporting, and the auditing of public companies in particular must follow these provisions.