Sarbanes-Oxley Act Of 2002: Fraud In The Corporate World

The Tyco scandal of 2002 was one of the biggest cases of corporate fraud and corruption that helped lead to the creation of the Sarbanes-Oxley Act. At the center of the scandal is Dennis Kozlowski, Mark Swartz, and Mark Belnick. Among them and members of associated businesses, multiple crimes, including accounting fraud, larceny, embezzlement, and bribery, were committed. The U.S. Securities and Exchange Commission (SEC) released a statement on September 12, 2002 in which it stated the following: Kozlowski and Swartz granted themselves hundreds of millions of dollars in secret low interest and interest-free loans from the company that they used for personal expenses. They later caused Tyco to forgive tens of millions of dollars they owed the

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.

SOX enactment is an act that was formulated as a result of corporate scandals from Enron, WorldCom, Adelphia, and Tyco. However, Congress succumbed to pressure from the public for the government to take action about the unethical behavior of company executives of publicly –traded companies. Thus, the Sarbanes-Oxley (SOX) was to restore the integrity and public confidence in financial markets. During these scandals, there were flagrant disregard to Generally Accepted Accounting Practices (GAAP). For example, according to Washington Post (2005), WorldCom

This now bankrupt company, misappropriated investments, pension funds, stock options and saving plans after deregulation and little oversight by the federal government. However, with deregulation an increasing competitive culture emerged as the CEO Jeffry Skilling motto to his organization was to “do it right, do it now, and do it better” this was the rally cried that pushed ambitious employees to engage in unethical behavior as Enron use deceptive “accounting methods to maintain its investment grade status” (Sims, & Brinkmann, 2003, pp.244-245). As Enron continued to flourish and received accolades from the business community this recognition drove executives to continue the façade of bending ethical guidelines before their public fall from

A major impetus behind the Sarbanes-Oxley Act was deliberate financial statement fraud. When committed on a large scale, billions of dollars can be lost and investor confidence in financial market will be reduced. Evidence suggests that the incidence of fraud has declined relative to the pre-SOX era. This can only be interpreted as suggesting that SOX

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 Securities Act of 1933 regulated the securities and the accounting standards before the Sarbanes Oxley Act was passed. Under the Securities Act, corporations and their investments bank were legally responsible for telling the truth and making sure the financial statements were audited correctly. Although corporations were responsible, the CEOs were not which was meant it was hard to prosecute them for fraud. The Sarbanes-Oxley Act was enacted in response to a series of high profile financial scandals that occurred in the early 2000s at companies including Enron, WorldCom, and Tyco that rattled investor confidence. The Sarbanes Oxley Act was named after

Fraudulent activities and embezzlement are more prevalent in organizations than most people think. Because of the multitude of previous scandals, the Sarbanes-Oxley Act has required all publicly traded U.S. companies to have internal auditing and internal controls to check for fraudulent activity and embezzlement. While the Sarbanes-Oxley Act only applies to public businesses, the requirements of it should be applied to all types of businesses, even universities. In the Case of the City University of New York, having internal controls and auditing would have halted the embezzlement occurring there.

The Sarbanes-Oxley Act was passes in 2002 in response to a handful of large corporate scandals that occurred between the years 2000 to 2002, resulting in the losses of billions of dollars by investors. Enron, Worldcom and Tyco are probably the most well known companies that were involved in these scandals, but there were a number of other companies guilty of such things as well. The Sarbanes-Oxley Act was passed as a way to crackdown on corporations by setting new and improved standards that all United States’ public companies and accounting firms were and are required to abide by. It also works to hold top level executives accountable for the company, and if fraudulent behaviors are discovered then the executives could find themselves in hot water. The punishments for such fraudulence could be as serious as 20 years jail time. (Sarbanes-Oxley Act, 2014). The primary motivation for the act was to prevent future scandals from happening, or at least, make it much more difficult for them to happen. The act was also passed largely to protect the people—the shareholders—from corporations, their executives, and their boards of directors. Critics tend to argue that the act is to complicated, and costs to much to abide by, leading to the United States losing its “competitive edge” in the global marketplace (Sarbanes-Oxley Act, 2014). The Sarbanes-Oxley act, like most things, has its pros and cons. It is costly; studies have shown that this act has cost companies millions of

Enron was a one-hundred billion dollar company in 2000, until questionable accounting practices, known as mark-to-market, saw their stock prices drop from ninety dollars per share to just pennies (Ferrell, Hirt, & Ferrell, 2015). All of the top employees were charged and convicted of various crimes and sentenced to time in prison. Because of loss of confidence among investors, the government put into place the Sarbanes–Oxley Act of 2002 (SOX). SOX is a set of requirements put into law in an attempt to regulate corporations’ accounting practices, in an attempt to protect stockholders. Sox has proponents, but it also has it’s critics. Some experts claim that it has helped weed out some of the corruption in business accounting. While other

Sarbanes-Oxley Act, which is as often as possible alluded to as SOX or Sarbox, was presented 6 years back in 2002, or to be more particular, was authorized on July, 30 2002. This demonstration is otherwise called the Public Company Accounting Reform and Investor Protection Act of 2002. This demonstration showed up not without a moment 's delay with no reasons, there were not kidding requirements for its advancement and institution. There was a progression of bookkeeping and corporate outrages that affected such organizations as Tyco International, Enron, ImClone, WorldCom, Global Crossing, Adelphia, and Peregrine Systems. Amid embarrassments with said companied included, speculators lost billions of dollars and there was no legitimate demonstration to secure their interests in any capacity. These outrages created colossal cash misfortune, as well as seriously diminished open trust in the securities business of the USA.

Sherron Watkins served as the “whistle-blower” who played a major part in bringing down the Enron Corporation. Watkins had joined Enron in 1993, after leaving Arthur Anderson. (Enron Whistle) She managed Enron’s massive portfolio of investments used in its multiple vehicles (Welcome). In her letter to then-CEO Kenneth Lay, Watkins questioned whether Enron could withstand the scrutiny of an SEC investigation. Not only would Jeffrey Skilling’s abrupt departure trigger such an investigation, but also questions about Enron’s accounting practices and its valuation of its assets would also come to the fore. Watkins was particularly concerned with the Raptor transactions. She warned Lay that Enron’s stock would have to be liquidity to “fix the Raptor and Condor deals;” the SEC, as well as the public, would be sure to ask uncomfortable questions (Text). Stock that was supposed to be swapped for Raptor had lost so much value that Enron stock would have to be use to cover the difference. Watkins foretold that the company would “implode in a wave of accounting scandals” (Text). She knew that Enron stock had been reported to be much more valuable than it actually was. She knew that investors that had paid seventy to eighty dollars per share were expending that stock to be worth around $120 per share; unfortunately, it was worth less than forty dollars per share (Text). Watkins went on in the letter to cover a number of salient points supporting her questions. Lay alerted

Question 1 Summarize 1 one page how you would explain Enron’s ethical meltdown: Enron was an energy company founded by Kenneth Lay in 1985 through a merger of vast networks of natural gas lines. Enron specialized in wholesale, natural gas, and electricity, and made its money as a wholesaler between suppliers and customers rather than actually owning any. Enron in fact didn’t own any assets, which made their accounting procedures very unusual. The lack of accounting transparency at Enron allowed the company’s managers to make Enron’s financial performance better than it actually was. The organizational culture at Enron was to blame for it’s ethical meltdown. Enron’s accounting scheme slowly began to erode its ethical practices, which soon led the culture of Enron to become a more aggressive and misleading business practice. Enron reported profits from joint partnerships that were not yet attained in order to keep stock prices up (or make wall street happy). As this was happening employees began to notice the ethics in senior management (leadership) deteriorating, and soon after they to would follow in their footsteps. Senior management thought they were saving their company from financial ruin and though lying was ok if it meant saving the company. Investors would surely sell their stocks if they really knew the situation the

The story of Enron begins in 1985, with the merger of two pipeline companies, orchestrated by a man named Kenneth L. Lay (1). In its 15 years of existence, Enron expanded its operations to provide products and services in the areas of electricity, natural gas as well as communications (9). Through its diversification, Enron would become known as a corporate America darling (9) and Fortune Magazine’s most innovative company for 5 years in a row (10). They reported extraordinary profits in a short amount of time. For example, in 1998 Enron shares were valued at a little over $20, while in mid-2000, those same shares were valued at just over $90 (10), the all-time high during the company’s existence (9).

Sarbanes Oxley (also known as SOX) is legislation passed by the United States Congress in 2002, in the wake of a number of major corporate accounting scandals. Enron, WorldCom, Tyco, and others cost investors billions when their stock prices collapsed. As a result of SOX, top management must separately certify the accuracy of financial Furthermore, consequences for fraudulent financial activity are much more severe. Also, SOX intensified the management role of boards of directors and the independence of the external auditors who review the accuracy of corporate financial statements. The primary changes caused the formation of the Public Company Accounting Oversight Board, the assessment of personal liability to auditors, executives and board members and creation of the Section 404, which recognized internal control events that had not existed before the legislation.