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Sarbanes-Oxley Costs Exceed Benefits
coondoggie writes "Two years of compliance with the Sarbanes-Oxley Act (SOX) have shored up corporate accounting practices - but with lopsided costs compared to benefits gained.
Bill Gradison, acting chairman of the Public Company Accounting Oversight Board (PCAOB), said that guidance the SEC issued last year and PCAOB's latest auditing standard may not be enough to clarify the rules that govern the reporting and auditing of internal controls. 'Based on the information we already have, it would seem that some further changes may be in order,' Gradison said."
I have quite a bit of experience with Sarbanes-Oxley and UNIX compliance. One weak area is auditing root and shared account access. Generally the developers know the application account's password (like oracle or db2) and it's really hard to audit who did what. I created the tool Enterprise Audit Shell (EAS) which centrally logs shell access and sessions in an enterprise environment. Sessions can be snooped in real-time or played back at a later time. Each session is digitally signed and transmitted via OpenSSL. Project Site http://sourceforge.net/projects/eash Support Forum http://eas.strchr.net/
Government regulation always increases costs, because the regulation has costs of compliance.
Crooks don't comply, because they're crooks.
Customers, that's us, end up with higher prices for the things we buy, and higher taxes to pay for all the new auditors.
Martha Stewart goes to jail while the real criminals get away with what they've always gotten away with.
Politicians get reelected for having "done something".
To quote from the movie Spartacus, "I'll take a little republican [style of government, not party] corruption, along with republican freedom!"
Want to really put the screws to "corporate executive" crime? Then eliminate the government granted limited liability that a "corporation" represents. Allow thereby the officers of a company to be directly liable for their decisions, their accounting practices, their performance.
It's easy to follow the Big Lies handed down by the sensationalist press that don't want you looking at their own corporations and unions. S-O doesn't solve anything. It merely adds another layer of bureaucracy to the effort of getting anything accomplished.
Bob-
The Ludwig von Mises Institute. The reasoning individuals economics
Meanwhile, financial companies, especially hedge funds, are increasingly choosing to set up shop in London rather than New York/Connecticut to escape the burdens of Sarbanes-Oxley and SEC registration. Like them or not, these entities contribute a huge amount of money to local coffers: investors flock from all over the world to place capital in hedge funds, and they leave generally 2% of the investment and 20% of the profit annually with the fund managers.
No-one wants more catastrophes like Enron, but that doesn't mean we should throw the baby out with the bathwater.
Please, for the love of God, no more car analogies.
Exactly. This article from November says exactly the same thing:
http://blog.mises.org/archives/004345.asp
"In contrast, the CEO of Georgia Pacific explained that his company sold out to private Koch Industries in order to avoid mounting Sarbox costs."
and
"No doubt, a company that had poor controls may have improved them in order to comply with Sarbox. This does not mean that U.S. businesses in aggregate benefited from Sarbox. A law mandating a 45% increase in marketing spending might help some companies too, but it would cripple most others. Even companies with superior internal controls were forced by this perverse law to spend more money on internal controls."
The Ludwig von Mises Institute. The reasoning individuals economics
I'm 100% in favor of bringing back the Glass-Steagall Act, a useful bit of post-Depression legislation that would probably have prevented Enron (or, at the very least, significantly reduced the overall damage). Glass-Steagall ruled that a company could not do both finincial analysis and investment banking, because it's a conflict of interest to be evalauting the same companies you have intestments in. Thanks to the Republicans, Glass-Steagall was repealed in 1999 (although, to be fair, Bill Clinton did sign the law repealing it).
To make laws that man cannot, and will not obey, serves to bring all law into contempt.
--E.C. Stanton
Using your same logic, here in the US we should also repeal child labor laws, environmental regulation, and occupational safety laws, merely because many US companies will open shop in in other countries where there are looser pollution regulation, safety laws, etc. Think of how much business the US economy is missing out on due to these regulations pushed by 'liberals'.
The scary thing is that a typical pro-big-business Republican would agree wholeheartedly with my paragraph, without sensing its sarcasm.
Sarbanes-Oxley is a *very good thing* - it exists to prevent another Enron
No, it's killing a butterfly with a cannon. Because one company was run by a bunch of crooks, every other public company has to vastly increase their costs, which is money that isn't spent of improving their products, hiring more workers, or cutting prices to their customers.
Let me point out that it was the market that brought Enron down, not the government.
-jcr
The only title of honor that a tyrant can grant is "Enemy of the State."
SOX has reduced my productivity by 75%.
I spend the rest of the time (15 to 20 hours per project) filling out several forms that I didn't used to have to fill out, doing self-audits to confirm I filled out the forms, waiting for approval of my forms before I can go to the next step, etc.
Meanwhile- the execs in my company can write a $20,000 check without even a counter-signature from another exec and much larger checks with a counter-sig from *one* other exec with NO required paperwork of any kind and they get paid literally millions of dollars while our stock has declined constantly in price for years.
Why the heck sox means the "Massive Paperwork for Programmers" is beyond me.
And then when we have a high priority project that a big executive wants fast-- we toss all the paper work out the window and backfill it afterwards (even putting links to empty documents that will be filled in later).
Yea right- sox is a very good thing-- NOT. We already had laws against fraud. All we have to do is start ENFORCING them.
She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
While slashdotters may derive a justified modicum of rightously deserved glee in this state of affairs - who here hasn't been given like orders - the economic waste on the national scale is so hideous that it needs airing. Never before has so much money been wasted on useless butt-plate.
The concept here is that corporate processes need to be audited independently to prevent fraud and malfeasance. Wonderful idea. What the SEC people had no clue about, however, was just how many processes there are churning away every day in a normal company. There are thousands! If you want to monitor the pain Sarbox is inflicting, subscribe to the alerts from CFO.com. For example, one company just found out it would have to pay its auditors - that's right, the people who failed to catch Enron's malfeaseance - $50,000 a year just to audit its employees vacations. That's not so much alone, but when you multiply it by everything going on in a company, the costs are absolutely humongous. And all of this money is going to the people who not only failed to prevent Enron but told them how to do it. Something is seriously wrong here.
Proportionately, the costs for smaller businesses are much higher (typically 20x). This has an anti-technology bias that hurts all of us in technology and eventually the whole economy. Because our start-ups are small and Sarbox denies us capital, we will not be able to hire and develop. This is bad Kool-Aid.
The supporters of Sarbox are: a) Big Labor - they are more successful unionizing big/old companies, fail miserably with high-tech startups, hate us, and actively seek to ruin us, b) Auditors - they make the money from this regulation, c) Regulators - from their perspective, regulation is always good and Sarbox means hiring many more of them.
The losers are everyone else, especially us in the tecnhology sector. I'm developing technology that could make corporate treasuries more efficient by increasing their control of liquid assets. I cannot sell it because of Sarbox and all its distractions. Ironically, corporate treasuries are so involved in dealing with the worthless regulatory minutia of Sarbox that they cannot invest the time to evaluate systems that would actually improve their control of corporate liquid assets.
I wish I could conclude this rant by recommending what we should do, but I am not as politically astute as our foes. All I can say is let's hope for the best and maybe someone out there in the political world will get a clue.
This is wrong on any number of levels.
First, realize that the majority of stock in the US isn't owned by rich individuals. It's owned mostly by mutual funds, which are in turn used as part of basically every retirement plan, investment account, college-savings plan, ad infinium. If you have a 401k, you probably are an indirect shareholder in Exxon-Mobil (and IBM, and Microsoft, and General Dynamics, and probably Halliburton). If any of the big oil companies were to sneeze, the whole economy would get a cold.
Second, high-priced petroleum products, especially gasoline, is not necessarily a Bad Thing. I think it sucks as much as the next guy -- if I could click my shoes together and go back to the days of 98-cent per gallon gas forever, I'd be doing it and buying a Camaro before you could say "carbon dioxide." As much as Ma and Pa Jones of Pig's Knuckle, AR think that they want the Gubbermint to step in and 'do something' about the high price of gas, they really don't. Because keeping the price of gas low will only ensure that it gets used up faster, and that we don't do a damn thing to change our usage patterns or wean outselves off of it before it runs out completely.
In other words, cheap gasoline just makes us, as a nation, press the accelerator to the floor as we're heading towards the brick wall of No More Petroleum. Paying the real market price for gas is the fairest way to wean everybody off of petroleum products: and people are listening. Go down to a Toyota garage sometime and see how many people are looking at hybrids, versus a year or two ago. The difference is pretty impressive.
The oil companies will continue to charge what they think the market will bear for gasoline and other products; when the cost of transportation fuels starts to become a major source of pain to American families, they will modify their usage patterns. This is how things have to work: people have to understand that the era of cheap gasoline -- probably of cheap fuel in general -- is over. In the future, if you want to drive 300 miles to see Grandma instead of call her, you're going to have to factor in the $30-40 in fuel that it's going to cost you. That's reality; that's life.
I have no doubt that many politicians this election year will try to come up with all sorts of creative ways of basically subsidizing or otherwise artificially deflating the price of gas. But as they're doing their financial rabbits-from-hats routine, I think it's worth it for everyone to remember that "cheaper gas" doesn't equal "more gas." In fact, it really means 'less gas' for everyone in the future.
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