Preview

Corporate Crimes And The Sarbanes-Oxley Act

Good Essays
Open Document
Open Document
818 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Corporate Crimes And The Sarbanes-Oxley Act
Corporate crimes happen when the business enterprise use legitimate and illegitimate business practices. Crimes committed by the corporate enterprises vary and includes fraud, conspiracy, racketeering, environmental damage, or even homicide when agents of the company commit criminal acts to benefit the company or its shareholders. However, according to Alder et al. (2013), multinational corporate crimes are a widespread and daily problem, so politicians have taken the opportunity to implement tougher provision and punishment to protect the public and their workers from corporate crimes through the Sarbanes-Oxley Act in 2002 and the Dodd-Frank Act of 2010. The focuses of these Acts are to protect consumers and improve accountability and transparency …show more content…
(2013) as abuse of corporations became apparent, the courts knew it was inevitable to curb corporate power and needed to regulate this power through social control. As corporations became decentralized and became larger, there was little oversight and monitoring of their employees, which brought about the need to hold management criminal responsible. However, corporations argued that they should be given a break when they try to comply with the law even if they failed to do so. Therefore, the government decided regulatory laws were in order to get companies to comply with the law instead of punishing them. This influenced illegal corporate behavior, so the courts proposed that there be some threat of punishment while providing leniency for organizations that willingly cooperate with authorities to reduce crime within their organizations and due diligence by creating hiring and ethical guidelines for their staff (pp. …show more content…
On a civil note, legislation has worked to put bills in place to protect the public from corporate fraud such as monopolies used to manipulating prices for the businesses own interests. Regulatory agencies such as the EPA, the Federal Trade Commission, and the Security Exchange Commission are some of the agencies that regulate corporations. Criminal liability has also taken the place of some civil issues when negligence on the part of the officials since their conduct can cause serious harm or even death. Nevertheless, as corporations have grown, abuse within this field is attributed to entities that have gained considerable power over the global market, allowing abuse with very little

You May Also Find These Documents Helpful

  • Good Essays

    The Sarbanes-Oxley Act of 2002 is mandatory. All large and small organizations must comply with this act. The legislation came into existence in 2002 as a result of a number of corporate and accounting scandals and introduced major changes to the regulation of financial practice and corporate governance. The main architects of the acts were Senator Paul Sarbanes and Representative Michael Oxley. The SOX act protects the shareholders from forged representations in corporate financial statements. The financial information on which the investors rely should be truthful and its accuracy must be verified by an independent third party.…

    • 187 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    Sarbanes-Oxley Act

    • 534 Words
    • 2 Pages

    The Sarbanes-Oxley Act of 2002, often abbreviated as SOX, is a legislative act passed by Congress in response to the Enron and WorldCom financial scandals. The primary purpose of SOX is to protect shareholders from errors or fraudulent reporting by the company they have invested in. The Sarbanes-Oxley act is enforced by the Securities and Exchange Commission, a department dedicated to ensuring compliance to SOX from all firms, and is also responsible for revising provisions of the act in order to keep it current and up to date.…

    • 534 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Sarbanes-Oxley Act

    • 558 Words
    • 3 Pages

    The Sarbanes-Oxley Act of 2002 (often shortened to SOX) is legislation enacted in response to the highprofile Enron and WorldCom financial scandals to protect shareholders and the general public from accounting errors and fraudulent practices in the enterprise. The act is administered by the Securities and Exchange Commission (SEC), which sets deadlines for compliance and publishes rules on requirements. Sarbanes-Oxley is not a set of business practices and does not specify how a business should store records; rather, it defines which records are to be stored and for how long. The legislation not only affects the financial side of corporations, it also affects the IT departments whose job it is to store a corporation's electronic records. The Sarbanes-Oxley Act states that all business records, including electronic records and electronic messages, must be saved for "not less than five years." The consequences for non-compliance are fines, imprisonment, or both. IT departments are increasingly faced with the challenge of creating and maintaining a corporate records archive in a cost-effective fashion that satisfies the requirements put forth by the legislation. FAQ: What is the impact of Sarbanes-Oxley on IT operations? The following sections of Sarbanes-Oxley contain the three rules that affect the management of electronic records. The first rule deals with destruction, alteration, or falsification of records.…

    • 558 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Bhm443 Mod 4 Case (Tu()

    • 1002 Words
    • 5 Pages

    Corporations, by legal charter, are not a single entity and do not have a central owner; however, this does not keep corporations from being liable for criminal actions or criminal liability. Corporate criminal liability in law determines to what extent a corporation, basically a fictitious entity, can be held liable for acts and omissions of actual people that the corporation employs. In 1909, the U.S. Supreme Court ruled that a corporation “could be held criminally liable for the acts, omissions, or failures of an agent acting within the scope of his employment” (Carrasco & Dupee, 1999). Corporations themselves cannot do actions and so criminal liability falls to the employees of the corporation and two elements comprise criminal violations by corporate employees; intent and the guilty act. Carrasco and Dupee (1999), state, “For a corporation to be liable, the employee committing the illicit act must be acting within the scope of her employment”. This requirement is generally met if the employee has actual or apparent authority to engage in the particular act in question and the corporation can give either direct authority or authority through perceived authority (Carrasco & Dupee, 1999). Under federal law, a corporation is criminally responsible for the actions of any of its employees taken within the scope of their employment for the benefit of the corporation. It makes no difference whether the employees’ conduct violates corporate policy or contravenes explicit instructions not to engage in the conduct (Hasnas, 2006). Under this presumption and law of corporate criminal responsibility “there is nothing a corporation can do to ensure that it is not guilty of a criminal offense. Corporate managers know that no matter how good their firm’s internal controls, they cannot guarantee that there will be no intentional or inadvertent violations of law by its employees” (Hasnas, 2006). If an employee is…

    • 1002 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Sarbanes-Oxley Act

    • 504 Words
    • 3 Pages

    The Sarbanes-Oxley Act of 2002 is an act passed by U.S. Congress in 2002 to protect investors and the general public from the possibility of fraudulent accounting activities by corporations. The Sarbanes-Oxley Act authorized strict modifications to improve financial disclosures from corporations and to prevent accounting fraud. This law was passed after a couple of big the accounting scandals like Enron, Tyco, and WorldCom shook investor assurance in financial statements and required an overhaul of regulatory standards. The act is administered by the Securities and Exchange Commission, which sets deadlines for compliance and publishes rules on requirements. It is not a set of business practices and does not specify how a business should store records; rather it tells more which records are to be stored and for how long in case of hearings.…

    • 504 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    Sarbanes-Oxley

    • 1874 Words
    • 8 Pages

    The Sarbanes-Oxley Act of 2002 was created by sponsors U.S. Senator Paul Sarbanes(D-MD) and U.S. Representative Michael G. Oxley (R-OH) in response to very public corporate fraud and accounting scandals. In a seemingly short period of time, Enron, Tyco International, Adelphia, Peregrine Systems and WorldCom all collapsed. The majority of these scandals resulted from the inaccurate reporting of financial transactions. The financial statements of these organizations were so gravely misrepresented and misstated that once the organizations' records were presented fairly, it caused the total collapse of the company. As a result of these scandals, investors lost billions of dollars when the share prices collapsed, and the public lost confidence in the nation's securities markets and the auditor who were supposed to protect the public's interest.…

    • 1874 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    Cross 9e TBB Ch07

    • 2373 Words
    • 13 Pages

    Corporate officers and directors may be held criminally liable for the actions of employees under their supervision.…

    • 2373 Words
    • 13 Pages
    Satisfactory Essays
  • Better Essays

    The Sarbanes-Oxley Act

    • 1327 Words
    • 6 Pages

    The Sarbanes-Oxley Act of 2002(SOX which is also known as the Public Company Accounting Reform and Investor Protection Act was enacted in July, 30, 2002 as a prompt response to the financial crimes scandals (Adelphia, Enron, WorldCom, Peregrime Systems , Arther Anderson and Tyco International). SOX establishes new, stricter standards for all US publicly traded companies. It does not apply to privately companies. The Act is administered by the Securities and Exchange Commission (SEC), which deals with compliance, rules and requirements. The Act also created a new agency, the Public Company Accounting Oversight Board, or PCAOB, which is in charge of overseeing, regulating, inspecting, and disciplining accounting firms in their roles as auditors of public companies. In my opinion, the benefits of the act cant be able to overcome the frustration and the cost of it.…

    • 1327 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    The Sarbanes-Oxley Act

    • 1136 Words
    • 5 Pages

    The Sarbanes-Oxley Act is named after two Senators who were considered the architects of the act and setting into motion the deadlines for compliance with it. These Senators were Paul Sarbanes and Michael Oxley.…

    • 1136 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    The Sarbanes-Oxley Act

    • 1115 Words
    • 5 Pages

    The Sarbanes-Oxley act was enacted in 2002 following corporate financial scandals like those involving Enron and WorldCom. The act was created in order to combat corporate accounting fraud and enhance the quality of corporate financial disclosures. To accomplish this, the act created the "Public Company Accounting Oversight Board", or PCAOB to oversee audits and compliance.…

    • 1115 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Sarbanes-Oxley Act

    • 439 Words
    • 2 Pages

    Over the years, we the consumers have seen a lot of fraud within corporations. In several instances the acts by greedy corporations have ruined not only the employees but the public stock and investors or shareholders. In order to safeguard the public from fraud, the government implanted regulator laws.…

    • 439 Words
    • 2 Pages
    Good Essays
  • Better Essays

    The Sarbanes-Oxley Act

    • 2083 Words
    • 9 Pages

    Chapter 5: the Sarbanes- Oxley act of 2002 involved the public anger that started when Enron, WorldCom, and other big companies scandals. This is when there was support for white collar crime when it came to accounting standards. Under the law of federal sentencing rules to make sure that white collar criminals are being punished. (Barnes, 2012). 1. For someone to alter or get rid of documents and there intensions to obstruct or effect the crime/case. 2. The CEO (chief executive officer) and the CFO (chief financial officer) must clarify that repots have been submitted to the SEC (securities and exchange commission.) it is a crime if the CEO and CFO make a report that is false. 3 CEO and CFO must reimburse the company for any raises and if…

    • 2083 Words
    • 9 Pages
    Better Essays
  • Satisfactory Essays

    After the debacle of major corporations such as Enron, WorldCom, and Hollinger International, lawmakers sought to provide regulations that provide oversight on the way corporations report financial data and to ensure that stockholders were protected. The Sarbanes-Oxley Act of 2002 was put in place to combat deceit, improve the consistency of financial reporting, and reestablish the confidence of investors (Wagner & Dittmar, 2006). One of the declaring regulation within this major law is that the management of a company is responsible for its internal control structure and that a company’s executive staff as well as its independent auditors have to attest to the reliability of the overall financial control system of the company. Even though the Sarbanes-Oxley Act of 2002 attempts to regulate business ethics, the question still remain. Can regulations and laws actually govern ethics?…

    • 277 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    In criminology, corporate crime refers to ‘crimes committed by corporations, or by influential individuals within corporations, where the illegal act is carried out with the intentions of furthering the goals of that organisation.’ (Newburn. 2007. 946-947)…

    • 2222 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    corporate crime essay

    • 2719 Words
    • 8 Pages

    In the study of criminology, corporate crime is defined by James William (2014), “as a criminal act committed in the course of organizational activities for the benefit of the corporations”. Corporate crime would not have been recognized without the help of Sutherland, who was the first to perform research in that field (Waring, Chayet, 2001). He changed the traditional image of criminals, where crime was directly an outcome of poverty and introduced a criminal offender in a suit and tie (Waring, Chayet, 2001). Sutherland argued that poverty could not be seen as the main cause of crime and that crime could also be found in good neighborhoods (Waring, Chayet, 2001). Despite Sutherland’s fascination in the area of corporate crime, William (2014) states that it has been the most understudied area in criminology and suggests that criminologist tend to focus more on street crime ignoring the fact corporate crime has been proven to be twice as harmful and costly than street crime. In this literature review the key focus will be on corporate crime and its causes. First, I will in detail describe the causes of corporate crime using the strain theory and rational choice theory. Secondly I will examine the regulation of police corporate crime and explain how it fails. Thirdly I will analyze the beneficial relationship between corporate crime and politics. Lastly, I will use the Enron Scandal to show the harm that corporate crime causes and also to show the limited response it received from the police. If we are able to understand the causes of corporate crime and the flaws in regulations, then we will be able to implement policies to deter corporate crime.…

    • 2719 Words
    • 8 Pages
    Powerful Essays