Outline
I. Introduction
II. Background introduction (A). introduction of firm Alpha Titans LLC (B). introduction of other related entities (C). facts of the case
III. Decision making model apply to the case
(A). how should we make the decision
(i). determine the facts
(ii). identify the character of interest
(iii). determine the stakeholder
(vi). the available alternatives
(v). the influence of the alternatives to the stakeholders (B). how should the available alternatives apply to the case
VI. The applied ethical theories
(A). Virtue ethics theory
(i). how does Virtue ethics theory apply to CPA firm
(ii). how does Virtue ethics theory apply to the company (B). Situation Ethics of Joseph Fletcher
(i). how does Situation Ethics
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Without any clear authorization from the clients themselves, which violates the fiduciary duty; (2). They failed to make a full disclosure of related parties’ relationship and all material transactions, which violates Generally Accepted Accounting Principles requirements in financial statements (Board, 1983). In addition, Alpha Titans and McCormack willfully violated the Advisors Act when they failed to act under the regulation of the clients’ funds, which makes it unlawful to engaged in any transaction with the probability of fraud and intention of deceive. Furthermore, from the social standards requirements, Alpha Titans supposed to act out of duty, not the inclination of profits, and their acts will eventually hurt the overall profit for the investors.
In accordance with GAAS, auditors should conduct the audit work with professional skepticism, perform the procedures with due care, have the audit procedure supervised and document the audit work in the audit documentation. For CPA firm McGladrey, although they are aware of all the misstatement and misconduct Alpha Titans made, they still gave the final approval for issuing an unqualified opinion, which caused the investors tremendous amount of
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An implicit theme of this case that I want students to recognize is the contrast between the persistent and vigorous efforts of David Sokol to “get to the bottom” of the suspicious items he uncovered in JWP’s accounting records versus what Judge William Conner referred to as the “spinelessness” of JWP’s auditors. The JWP audits were similar to most problem audits in that the auditors encountered numerous red flags and questionable entries in the client’s accounting records but, for whatever reason, apparently failed to thoroughly investigate those items. On the other hand, Sokol refused to be deterred in his investigation of the troubling accounting issues that he discovered. The relationships that existed between members of JWP’s accounting staff and the Ernst & Young audit team apparently influenced the outcome of the JWP audits. Of course, the Sarbanes-Oxley Act of 2002
The Sarbanes-Oxley Act of 2002 (SOX), also known as the Public Company Accounting Reform and Investor Protection Act and the Auditing Accountability and Responsibility Act, was signed into law on July 30, 2002, by President George W. Bush as a direct response to the corporate financial scandals of Enron, WorldCom, and Tyco International (Arens & Elders, 2006; King & Case, 2014;Rezaee & Crumbley, 2007). Fraudulent financial activities and substantial audit failures like those of Arthur Andersen and Ernst and Young had destroyed public trust and investor confidence in the accounting profession. The debilitating consequences of these perpetrators and their crimes summoned a massive effort by the government and the accounting profession to fight all forms of corruption through regulatory, legal, auditing, and accounting changes.
Financial reporting practices and ethics have manifested an ocean of literature. This has mainly come from organization theorists that address accounting practices. These theorists and professionals have given fresh accountability measures. Their ideals give this industry the tools needed to survive, grow and prosper. The way an organization prepares and reports its financial information and handles its daily operations is in essence financial practices, and in the way it accomplishes this reveals their ethical standards to which they adhere to. This paper will discuss the financial practices, ethical standards, and
In a recent article in the New York Times, Sarbanes-Oxley, Bemoaned as a Burden, Is an Investor’s Ally, by Gretchen Morgenson, is about some challenging the requirements that were put in place and the cost to the company’s. According to Morgenson, Tom Farley is one that is an outspoken critic of the law requiring outside auditor to attest on the management’s internal controls on the financial statements. He attributes the decline in corporations in the Unites States.
Since the financial crisis investors have become less confident in the companies within the market. In order to restore confidence within the market and the audits of their financial statements Senator Sarbanes and Representative Oxley created the legislation known as the Sarbanes Oxley Act which came into effect in 2002. The legislation created major regulations on company financial reporting and the regulation of it. Forcing management to be accountable for the financial reporting and internal controls within their company and requiring the audit committees to report on their opinion of the company’s internal processes. (Soxlaw.com)
I suspect that most of us can view and appreciate most sports such as baseball, football, and basketball. What if you were to view a Cricket World Cup game? If you didn’t know the rules you probably would not have much fun. The same happens in business if you don’t understand its language – Accounting. What rules impact a business’ Accounting Information System? What types of compliance is required?
The Sarbanes-Oxley Act of 2002 was implemented and designed to “protect the interests of the investing public” and the “mission is to set and enforce practice standards for a new class of firms registered to audit publicly held companies” (Verschoor, 2012). During the early 2000 's, the world saw an alarming number of accounting scandals take place resulting in many corporations going bankrupt. Some of the major companies involved in these scandals were from Enron, WorldCom, and one of the top five accounting and auditing firms, Arthur Andersen. These companies were dishonest with their financial statements, assuring the public the company was very successful, when in reality they were not. This became a problem because if the public believes a company is doing well, they are more likely to invest in it. That is to say, once these companies were exposed, it caused a number of companies going bankrupt and a major mistrust between the public and the capital market. Consequently, the federal government quickly took action and enacted the Sarbanes-Oxley act of 2002, also known as SOX, which was created by the Public Company Accounting Oversight Board (PCAOB), and the Securities and Exchange Commission (SEC). Many have questioned what Norman Bowie (2004) had questioned,
The act identifies and assigns accountability to those who knowingly falsify documents and it clearly states the consequences for acting outside the defined standard, relating to corporate governance. Using case studies we will review how the passing of the Sarbanes-Oxley Act is helping to standardized a code of conduct and how it has increased the awareness of corporate responsibility. First, we will review the definitions of corporate governance, business ethics and corporate responsibility. Next, we will examine the effectiveness of the Sarbanes-Oxley Act, through a case study and identify possible challenges the Sarbanes-Oxley Act may face, as public demand for social responsibility increases. Finally, we will review proactive recommendations for provisions to key titles of the Sarbanes-Oxley Act. These provisions will accommodate the growing public demand for ethical and social responsibility.
This series of books culminated in Moral Judgment: Does the Abuse Excuse Threaten our Legal System in 1997. Concerned about forces in our society threatening to undermine our moral sense, Wilson demonstrates in this book how our judicial system has compromised its obligation to discriminate between right and wrong. Citing highly publicized verdicts, he makes a case for re-examining the ethical drift of contemporary jurisprudence. Today's headlines, he claims, are proof that our judicial system relentlessly subjects itself to forces that limit its capacity to resolve even the gravest moral issues: judging guilt or innocence in the most grievous capital crimes. In a sense, Wilson sends a strongly worded message to criminal justice administrators:
Congress established the Sarbanes-Oxley Act of 2002, which is otherwise called the Public Company Accounting Reform and Investor Protection Act, in the beginning of corporate and accounting scandals that prompted liquidations, serious stock misfortunes, and a loss of trust in stocks (Batten, 2010). The demonstration forces new obligations on corporate administration and criminal authorizes on those supervisors who spurn the law, and it
Don E. Garner, D. L. (2008). Accounting and the global economy after Sarbanes-Oxley. London: M.E Sharpe.
The Sarbanes Oxley Act came to existence after numerous scandals on financial misappropriation and inaccurate accounting records. The nature of scandals made it clear there are possible measure that could be used to prevent future occurrence of financial scandals. And the existence and effectiveness of Sarbanes Oxley has caused
There are a variety of different ethical systems that have developed of the course of millennia. However, even though the subject has been covered so thoroughly, it is still heavily debated. The varieties of ethical systems that are in existence look at various ethical problems from different perspectives and can be applied differently in different circumstances. Because of the subjective aspects to applying ethics, they can be as much an art as they are a science. Ethics are something that must be practiced and really cannot be perfected. In this way, studying ethics is a continual process that does not really stop. This paper will argue that ethics are the most important subject that an individual can pursue.
Ethical and legal obligations apply to all members of society. As one in society, the obligation to act in an ethical, law abiding manner on a daily basis is vital to the integrity of daily life. Many professions have their own code of ethics. Financial reporting is not exempt from such ethical and legal standards. One’s lively hood depends on decisions made in the business world. Business transactions are done daily and can impact one’s economic stability. Trust is placed in the hands of corporate America and an obligation of financial reporting to reveal a complete honest and legal picture of an entity’s accounting practices is important in attaining trust. This paper will discuss the obligations of
The illegal construction of the Bernie Madoff securities pyramid scheme grew to preposterous proportions from legal, auditing, and regulatory weaknesses of the Securities Exchange Commission, the designated regulatory body of the U.S. financial markets. The required expertise, authority, and relevant penalties needed to deter management from committing ethical breaches lacked substance in the case study of BMIS (Crews 11). Even after the wake of the Enron and WorldCom scandals that occurred in the early 2000s, the SEC unexplainably revoked provisions created to help avoid fraud. The provision the SEC revoked specifically mandated firms structured like Madoff’s to be audited by accounting firms registered and audited by the Board. By revoking the provision, BMIS was allowed to continue its Ponzi scheme for another half a decade with the aid of utilizing an unregistered, small accounting firm called Freihling & Horowitz (“Madoff’s Jenga”