Accounting Law Commons^™

Proposed Legislation To Amend The Commodity Exchange Act: Hearing Before The H. Comm. On Agriculture, 110th Cong., July 11, 2008 (Statement Of Mark D. Young, Adjunct Prof. Of Law, Geo. U. L. Center), Mark D. Young

Testimony Before Congress

No abstract provided.

Zappers And Phantomware: The Need For Fraud Prevention Technology, Richard Thompson Ainsworth

Faculty Scholarship

There is a demand-market for technology that facilitates tax fraud. By all accounts the providers in this market are working in a growth industry.

In the short term this is bad news for those concerned with tax policy and information privacy. In the long term however, the fight against technology-assisted fraud is stimulating the development of a more robust technology base within tax administrations, and this is good news for those who believe that a sophisticated technological infrastructure is needed to resolve difficult questions of tax design.

This paper focuses on two technology-accelerants of SME tax fraud - zappers and …

Confidence In The Nonprofit Sector Through Sarbanes-Oxley-Style Reforms, Joseph Mead

Michigan Law Review

Over the past several years, the nonprofit sector suffered a series of highly visible scandals that shook the public's confidence in charitable organizations. Concerned politicians and nonprofit leaders responded with a variety of reforms inspired by the Sarbanes-Oxley Act. The Note focuses on three such reforms: requiring nonprofit officers certify financial statements, mandating audits of nonprofits' financial statements, and imposing independent audit committees on nonprofit boards of directors. This Note argues that, contrary to the conclusions of many commentators, these reforms will provide a net benefit to the nonprofit sector by increasing donor confidence while imposing minimal costs.

Zappers: Tax Fraud, Technology And Terrorist Funding, Richard Thompson Ainsworth

Faculty Scholarship

"Zappers," or automated sales suppression devices, have brought unheard of efficiencies and economies of scale to a very simple tax fraud - skimming cash sales at point of sale (POS) terminals (electronic cash registers). Until recently the largest tax fraud case in Connecticut, also the "largest computer driven tax-evasion case in the nation," was a zapper case. Stew Leonard's Dairy in Norwalk Connecticut skimmed $17 million in receipts and hid the cash in St. Martin (a Caribbean island). Talal Chahine and his wife, Elfat El Aouar, owners of the La Shish restaurant chain in Detroit Michigan have the dubious honor …

Gatekeeper Incentive Compensation, Sharon Hannes

Faculty Working Papers

A massive wave of corporate fraud at the beginning of the twenty first century exposed the failure of corporate gatekeepers. The Sarbanes-Oxley legislation accordingly targeted gatekeepers, primarily auditors, by imposing strict regulation and enhanced independence guidelines. This legislative remedy is of disputable benefit while its costs have been huge. This paper maintains that a certain type of auditor incentive compensation could work better than regulation. Under such an alternative scheme, auditors would defer a portion of the payment they receive from the client firm, which would be used to purchase shares in the client after their tenure as auditor has …

Labor Organizing By Executive Order: Governor Spitzer And The Unionization Of Home-Based Child Day-Care Providers, David L. Gregory

Fordham Urban Law Journal

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Labor's Wage War, Catherine K. Ruckelshaus

Fordham Urban Law Journal

MISSING

Card Check Recognition: New House Rules For Union Organizing?, Rafael Gely, Timothy D. Chandler

Fordham Urban Law Journal

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How Much Is Enough? Giving Fiduciaries And Participants Adequate Information About Plan Expenses, 41 J. Marshall L. Rev. 1005 (2008), Debra A. Davis

UIC Law Review

No abstract provided.

European And American Issues In Employee Benefits Law Compared, 41 J. Marshall L. Rev. 1189 (2008), Yves Stevens

UIC Law Review

No abstract provided.

Finding The Synergy Between Law And Organizing: Experiences From The Streets Of Los Angeles, Victor Narro

Fordham Urban Law Journal

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The Vesting, Modification, And Financing Of Public Retiree Health Benefits In Light Of New Accounting Rules, 41 J. Marshall L. Rev. 1147 (2008), John Sanchez

UIC Law Review

No abstract provided.

Sarbanes-Oxley, Kermit The Frog, And Competition Regarding Audit Quality, Matthew J. Barrett

Journal of Business & Technology Law

No abstract provided.

Corporate Ethics, Agency, And The Theory Of The Firm, Robert J. Rhee

Journal of Business & Technology Law

No abstract provided.

Sarbanes-Oxley Act Of 2002 Five Years On: What Have We Learned?, Catherine Shakespeare

Journal of Business & Technology Law

No abstract provided.

Corporate Ethics In A Devilish System, Kent Greenfield

Journal of Business & Technology Law

No abstract provided.

The Changing Atmospherics Of Corporate Crime Sentencing In The Post-Sarbanes-Oxley Act Era, Peter J. Henning

Journal of Business & Technology Law

No abstract provided.

Does Sarbanes-Oxley Foster The Existence Of Ethical Executive Role Models In The Corporation?, Joan Macleod Heminway

Journal of Business & Technology Law

No abstract provided.

How Do Securities Laws Influence Affect, Happiness, & Trust?, Peter H. Huang

Journal of Business & Technology Law

No abstract provided.

Sarbanes-Oxley Turns Six: An Enforcement Perspective, Linda Chatman Thomsen, Donna Norman

Journal of Business & Technology Law

No abstract provided.

The Impact Of The Sarbanes-Oxley Act On Non-Shareholder Constituents: A Silver Lining, But Will It Endure?, Lisa M. Fairfax

Journal of Business & Technology Law

No abstract provided.

The Sarbanes-Oxley Act Of 2002: Setting A Baseline For The Adoption Of Enterprise Ethics, Dean Krehmeyer

Journal of Business & Technology Law

No abstract provided.

Culture Is The Key To Employee Adherence To Corporate Codes Of Ethics, Lisa Hope Nicholson

Journal of Business & Technology Law

No abstract provided.

Sarbanes-Oxley's Insight: The Role Of Distrust, Renee M. Jones

Journal of Business & Technology Law

No abstract provided.

Western Investment Hedged Partners L.P. V. Sunset Financial Resources, Inc.: Exercising Control Of Corporate Machinery Through A Manipulative Democracy, Matthew G. Laver

Journal of Business & Technology Law

No abstract provided.

Keynote Address: Consensus Building, Public Dispute Resolution, And Social Justice, Lawrence E. Susskind

Fordham Urban Law Journal

These remarks were prepared for and delivered at the Second Annual Fordham University School of Law Dispute Resolution Society Symposium on October 12, 2007. The Address discusses how democracy, public dispute resolution, and social justice fit together. The speaker opens with an example of a small city making a decision about a large industrial development project from the perspective of a traditional model and a consensus-oriented model. He then addresses three major problems with the first: (i) the majority rule problem; (ii) the representation problem; and (iii) the adversarial format problem. The speaker goes on to advocate for the consensus-building …

Binational Guestworker Unions: Moving Guestworkers Into The House Of Labor, Jennifer Hill

Fordham Urban Law Journal

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A Forensic Study Of Daewoo's Corporate Governance: Does Responsibility For The Meltdown Solely Lie With The Chaebol And Korea?, Joongi Kim

Northwestern Journal of International Law & Business

At the end of 1999, one of the largest conglomerates in the world, the Daewoo Group, collapsed in a spectacular fashion. During its peak, Daewoo was a sprawling enterprise with over 320,000 employees with 590 subsidiaries overseas that operated in over 110 countries. Its management received widespread praise and academic recognition for its success. Yet, when the Asian financial crisis hit in 1997, it managed to commit a deception worth 22.9 trillion won ($15.3 billion) that was termed the "biggest accounting fraud in history, surpassing WorldCom and Enron . . . ." Years later, inner-workings of the conglomerate are finally …

Last Ditch Options: An Assessment Of Independent Director Liability And A Proposal For Congressional Action In Light Of The Employee Stock Option Backdating Scandal, Matthew S. Chambers

Georgia Law Review

The employee stock option backdating scandal that came to light in 2006 affected over 100 public companies in the United States. Greedy executives, auditing oversight, and even faulty accounting software systems have been blamed for allowing backdating to happen. This Note, however, examines how some corporate directors, in derogation of their fiduciary duties, may have assisted stock option backdating. The Note concludes with a proposal for congressional action that will curb further stock option manipulation.

An Assessment Of The Impact Of The Sarbanes-Oxley Act On The Investigation Violations Of The Foreign Corrupt Practices Act, Karen Cascini, Alan L. Delfavero

WCBT Faculty Publications

During the late 1990s and early 2000s, a plethora of corporate scandals occurred. Due to these corporate debacles, corporate executives have been placed under fire. In response to such unethical conduct with regard to internal practices and financial reporting, legislation has been passed in order to ensure that corporations conduct their business in an ethical manner. The purpose of this paper is to assess the connection between the Foreign Corrupt Practices Act of 1977 (FCPA) and the Sarbanes-Oxley Act of 2002 (SOx), to determine whether SOx has influenced the FCPA’s investigative violation activities by examining the number of such investigations …