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Journal Marxist Hacker 42's Journal: The Libertarians are at it again- Sarbanes-Oxley Act 21

Here we go again. I realize the myth is that Enron was an anomaly, a single case. But as this article shows, many other companies at the same time rushed to "restate earnings", only a step or two ahead of the prosecuters.

I maintain that anybody wanting to remove the protections of Sarbanes-Oxley should be suspected of fraud- because near as I can tell, the only reason to roll back this transparancy would be *specifically* to lie to investors and customers.
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The Libertarians are at it again- Sarbanes-Oxley Act

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  • It really is quite bad. The one and only good thing to come out of it is the limit on the ability of executives to trade stock during black out periods. The rest of it really is a bunch of hooey - politicians trying to look like they were "doing something". *rolls eyes*
    • I've read the law. I think it does not go far enough- abuse of the free market (or any other freedom) should be punishable by death. But that isn't enough to remove it in my eyes- the rest at least costs the corporations *something* for compliance, and keeps them on their toes as far as telling the truth is concerned.
      • Then you misunderstand the law. What it "accomplishes" is:

        . Take what the SEC is already supposed to be doing and create Yet Another Government Agency to duplicate the SEC's function.

        . Gives GAAP the weight of law, but those accountants who violate GAAP are basically ostracized from the profession anyways, so this doesn't add a whole lot that isn't already there.

        . Requires CEOs to sign off on all financial statements, making them criminally liable if there are problems with said statements. But let's be r
        • Then you misunderstand the law. What it "accomplishes" is:

          . Take what the SEC is already supposed to be doing and create Yet Another Government Agency to duplicate the SEC's function.

          Which was obviously needed because the SEC had failed.

          . Gives GAAP the weight of law, but those accountants who violate GAAP are basically ostracized from the profession anyways, so this doesn't add a whole lot that isn't already there.

          So why weren't they ostracized *before* Enron?

          . Requires CEOs to sign off on all financial statements, making them criminally liable if there are problems with said statements. But let's be real - what CEO has time to analyze every single financial statement the company produces? They will just sign off on whatever their CFO gives them without seriously studying it (and any given CFO may very well have not written themselves the financial state

          • If the SEC couldn't do its job, what makes you think another agency will be any better at it?

            And the reason the Enron accounts weren't ostracized before the collapse is because their activities weren't known to the community until after the fact.

            The way public corporations behave isn't going to change much as a result of SOX, they'll go public and commit fraud against private investors, or they'll just be more careful about getting caught.

            You should read Confucius. The People will behave in the manner of t
            • If the SEC couldn't do its job, what makes you think another agency will be any better at it?

              The fact that companies are fleeing public ownership is a damn good signal that the new agency is better than the SEC. Public ownership was the major problem with the SEC- it encouraged such bad accounting because of those damned quarterly reports that made every corporation short-sighted by law.

              And the reason the Enron accounts weren't ostracized before the collapse is because their activities weren't known to the community until after the fact.

              Poor reasoning there- because Sarbanes-Oxley forces the activities to be known. More importantly- it forces public corporations out of the marketplace, which is a good thing in general.

              The way public corporations behave isn't going to change much as a result of SOX, they'll go public and commit fraud against private investors, or they'll just be more careful about getting caught.

              Which is good enough

              • I tried to stay out of the firefight on this subject, but I HAVE done Sarbanes Oxley testing, and even companies with nothing to hide were CASH COWS for my IT firm... and I was working for the second cheapest guy in town.

                We figuratively "looted" those SOX compliance testees, and had a virtual gold mine awaitng us each time they needed to do any compliance test, and this is just for email and electronic communications. Granted its nice to "stick it to the man" but most of the groups we dealt with were SMALL
                • "Get real MH42, whenever government gets its claws into things, it just does MORE damage."

                  firstly, the government in a representative democracy is supposed to be acting on the will of the people. granted, the system isn't perfect. but the appropriate response to this is not to abandon the idea of representative democracy, but to work to make it better. when you say that the government should get it's "claws" out of things, what you're really saying is that the people should do that. that is anti-democra
                  • representative democracy - term or its root words found NOWHERE IN THE CONSTITUTION!! OR THE DECLARATION FOR THAT MATTER. Please study the events of the 1787 ConCon and learn a few things before you go nuts with the protection of a popular myth that has long been proven to be a farce.

                    *TOTALITARIANISM* *OLIGARCHY* *LAISSEZ-FAIRE(hasn't ever existed since 1788)* *ANARCHY*

                    So which are you, LEFT wing, or RIGHT wing? What the news says "liberal left" and "conservative right" is Bull and S***. LEFT
                    • "representative democracy - term or its root words found NOWHERE IN THE CONSTITUTION!! OR THE DECLARATION FOR THAT MATTER."

                      Section 4
                      The United States shall guarantee to every State in this Union a Republican Form of Government


                      and here's how wikipedia defines "republic": a republic is a state or country that is led by people whose political power is based on principles that are not beyond the control of the people of that state or country.

                      your semantic quibbling and overzealous use of the caps lock notwiths
                    • "*TOTALITARIANISM* *OLIGARCHY* *LAISSEZ-FAIRE(hasn't ever existed since 1788)* *ANARCHY*"

                      This is a chart, totalitarianism is LEFT EXTREME, ANARCHY RIGHT extreme... and no Congress will not abolish elections, they are the diligent exercise in futility that we are "allowed" to perform.

                      If they abolished elections, there are FAR too many Americans, not just US citizens (slaves to the corporation that is the United States construct) who are armed and not willing to be enslaved. Sadly that number is steady and n
                    • so let me get this straight.

                      i kidnap your children. i start sending you their body parts in the mail while gently suggesting maybe you should give me a pile of money. but i haven't murdered or raped them. and, as for the pile of money, it was given by you. i didn't steal it. i didn't explicitly tell you that your children would be returned if i received it. so this is legal in your world.

                      Kidnap - you've already deprived them of their liberty and since they're still under my roof, you've already robbed them
                    • "This is a chart, totalitarianism is LEFT EXTREME, ANARCHY RIGHT extreme... "

                      let the record show this is like shooting fish in a barrel.

                      show me any region of the world where anarchy currently exists. you can't do it. and you know why?

                      because anarchy, on a large scale, the kind of large scale that nations operate in, is unnatural. anarchy is similar to communism in one respect - it is only a natural property of groups of people when those groups are very small. history and science have both shown nature,
                    • This is a chart, totalitarianism is LEFT EXTREME, ANARCHY RIGHT extreme... and no Congress will not abolish elections, they are the diligent exercise in futility that we are "allowed" to perform.

                      The chart I'm used to is two dimensional: Anarchy bottom, Left Liberal, Right Conservative, top Statist/Totalitarian. On that chart, I'm slightly above center.
                    • Left - right system was "statism/totalitarianim all the way to anarchy"... laissez was somewhere just shy of anarchy, which is why we don't, and haven't had a laissez faire system since 1788... that's when the "free" colonists just lost all their freedoms, by contracting them away :)

                      PS - your chart is post WW2... quite new, it was a fascism test actually, done by researchers seeking a way to find what traits allowed one to swing into fascism easilly. Guess they didn't notice US citizens were highly suscept
                    • LEFT RIGHT CHART:
                      I said it was a chart, and you jumped on the anarchy thing, I never advocated that, I simply mentioned you wouldn't be either "right wing" or "left wing" and still be sane. One involves becoming The Borg, and the other involves complete chaos. Neither will occur and be good, but the closest you can get to lack of hierarchy the less you will have to have it enforced upon you.

                      WACO, TX Slaughter:
                      I understand that under US statute Koresh raped those girls, but by
                    • "I said it was a chart, and you jumped on the anarchy thing"

                      no, you said "right is freedom" and presented the chart as proof that anarchy is freedom. you certainly won't be the first person, or the last, to claim this. you also won't be the first person, or the last, to be left sputtering in the wind as people point out that institutionalized anarchy is not only grossly impractical but also a literal contradiction in terms.

                      or is it your position that anarchy is not freedom? feel free to clarify your posi
                    • i give a fuck that he claimed to be jesus so he could fuck little girls. if i could have fired that shell from the tank that killed him myself, i would have done so with a smile on my face and a song in my heart.

                      after all, that's what you're claiming i should be able to do, right? i should be able to procure any type of armament i want to, right? and i should have the "freedom" to take any action i see fit as self-defense, right? because here's your entire argument - it wasn't wrong what happened to david k
                    • "Interesting, I seem to recall defining three major crimes."

                      yeah you did. and then you redefined them so that assault and battery became rape. at that point it became pretty clear to me that you were quite willing to bend your three laws to be whatever you wanted them to be for the sake of your argument. so yeah, after you stopped taking them seriously, i did too.

                      "You're talking from a state educated point of view, that might makes right,"

                      i never said that and you can't cite where i did. you are putting
                    • i'm slightly northwest of center.
                    • of course they give you a different ID, so that if you do call the cops and they see it, they know that they aren't required to give you any service because you don't pay the taxes that pay for the cops. taxes are a business deal like any other. if you don't want to pay the price for their services, then don't - but don't expect to receive the services either. fair's fair.

                      Interesting, I seem to recall that cops, by ruling of the SUPREME COURT, have no requirement to save, protect or serve the individual (wi

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