Whenever the nation is confronted by a problem or crisis Congress feels that they must pass some sort of legislation in order to give the impression that they are doing something to fix the problem.
The legislation usually only addresses the symptom and not the cause, just like Doctors today who are no longer healthcare providers but pill pushers, they prescribe one medication for the illness and another for the side affects, without regard to the damage cause to vital organs such as kidney and liver.
When there is a problem congress passes legislation, and when there isn’t a problem congress passes legislation and then passes more legislation to deal with the problems the legislation causes.
When you put a bunch of crazy people and lock them in a building you have an Asylum, when you have a bunch of lawyers together in a building you also have an asylum.
We as a nation expect and demand too much from the politician in Washington, next we will be asking them to pass a law banning hurricanes and floods, which will have the same affect as Sarbanes-Oxley.
No legislation Congress can pass will stop the criminal mind from circumventing it. When you have people using all their creative powers to come up with ways to circumvent existing laws that are flaw to begin with.
When you have a bunch of Senators and Representative and their staff, most of who have never spent a day in business legislate conduct and behaviors for businessman, you end creating more problem than you set out to fix.
The reputation of lawyer is just below that of Witch Doctors and Rain Dancer, yet we send them to Washington to set up laws to govern every area of our lives.
Sarbanes-Oxley also known as Sarbox is intended to restore faith in U.S. financial system, but is storing vast amounts of data the answer: This may help prosecutors later to convict the wrong doers but it does not provide the transparency needed.
Under Sarbox publicly traded companies must have policies and controls in place to secure, documents and process material information dealing with their financial results.
This piece of legislation was intended to be apply to publicly traded companies with revenues over 25 millions, But like every other bad medicine it has side affects that must be dealt with.
Some large companies are making small Corporation public and private institute Sarbanes-oxley internal controls, as a condition for doing business with them. This is very costly venture for small companies that need every penny to grow their business.
If Sarbox was intended to protect the investing public what right do large corporation have to demand that private companies comply?
Over the last ten years the Fortune 500 companies have loss over 15 million jobs while small businesses have created 20 million new jobs. But many of this small company need to pour their resource into their businesses in order grow and in some cases to stay in business.
These creators of wealth must be allow to continue their ingenious work and provide fuel to our economy without impediment from Sarbox,
Venture Capital money is to expensive and SBA loans are sham so how can small companies comply with these expensive internal control without cutting back on hiring and other vital areas.
Why are small companies being held to higher standard when the law requires something less?
I keep hearing that relief is on the way, but I Hope it comes from the Securities and Exchange Commission and not from Congress the last thing we need is another piece of legislation.
What good are internal controls when the people reviewing them are the ones abusing them, Sarbox requires public companies to improve their corporate reporting and oversight and to increase operational transparency, accountability, and truthfulness.
I don’t think that any one in their right mind believes for second that had Sarbox been in the law at the time it would have stop the people at Enron and worldcom.
If they want laws to deal effectively with Enron and Worldcom like problems maybe they should get Ken Lay (Enron) and Bernie Ebbers (Worldcom) to write them.
In 1933 When President Roosevelt was asked why selected a person of such questionable character as Joseph P. Kennedy to head the newly created SEC, Roosevelt Replied “It takes a crook to catch a crook"
So lets make Ebbers and Lay Pay their debt to society by drafting legislation to protect the investing public from the likes of them.
Maybe we should enforce the laws already in the book and make sure these people spend a very long time behind bars as an example to anyone thinking of doing the same.
We can also stop letting Hollywood set the moral standard for our children, kids today spend an enormous amount of time behind the tv screen and too many weekends at the theater.
And maybe the real culprit is our educational system, where kids are being taught at every level that everything is relative, and that there are not absolutes.
If everything is relative then this individuals did not commit any crime after all they were just out to make a few bucks and their tactic were well within the scope of relativity.
Today we live in a society where even judges are offended by the Ten Commandments, it’s understandable it is very offensive to be told “Thou shalt not steal" somebody might actually obey and refrain from stealing.
There is a bible verse that says “Do not be deceived God cannot be mocked. A man reaps what he sow" we have been sowing too much into relativity and not enough into absolutes.
And now we are paying the price, you always reap more than you sow, if you sow one tomato seed you will reap a tomato plant with lots of tomatoes.
So lets start by reforming Sarbox and increase transparency and not bureaucracy, lets allow the creative minds that have giving us 20 million new jobs in ten years and great technological advances continue to work without hindrance.
Maybe we don’t have the answer but until we can come up with a workable solution we should refrain from passing legislation or maybe we should elect fewer lawyers to public office.
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Provisions Of Sarbanes Oxley
Every new controversy demands a look at similar situations of the past. Just what is a bailout anyway? In the early 80's, Lee Iacocca arranged a government loan and tax concessions to bring Chrysler Corporation back from the brink of bankruptcy--- during the Carter Administration, to save you a Google.
The economic domino effect of a major corporate death was clear, and Congress acted wisely when it saved this American icon from extinction--- the loans were repaid. But was it poor management or shortsighted government that caused the problem. Politicians massaged and empowered the labor unions, implemented minimum wage legislation, and protected the steel industry from foreign competition.
Similar financial problems existed throughout the automotive industry and lower cost, better product was just starting to come ashore. Bailout or fix-up? Voteless corporations were perfect patsies then, and remain so today. But the average Joe's investment in the success of these perennial scapegoats for bad government has risen from zero dollars to all of our dollars. Every failure takes a piece of your retirement program with it.
All employed John Q's are investors; all taxpayers are investors; all Americans have a vested equity interest in the success of all publicly traded corporations in our "regulated capitalism" economy. Most politicians still can't connect the dots, and seem to be formulating policy based on the latest consensus of public blogs.
It wasn't the financial institutions that decided to make mortgage money available to practically anyone who wanted to own a home--- regulators permitted (encouraged) a relaxation of the qualification requirements. In effect, they enabled the predatory lending practices that misguided many first time homebuyers.
The easy-money lending practices, and sky rocketing housing prices, brought speculators into the mix and home flipping became as popular as Monday Night Football. Speculators accept the risks of loss; it's what they do. But allowing the creation of high risk where none is expected is unacceptable. The creative products developed by the financial institutions must be examined more closely and labeled more effectively.
Speculative bubbles always implode--- this time taking down speculators and marginally qualified homebuyers alike. It's ever so easy to blame the corporations, but who called off the regulators? Brokerage Firms have entire divisions whose only job is to make sure that nobody looks cross-eyed at any SEC regulation (real, contemplated, or anticipated).
The SEC itself requires full disclosure from all registrants. The interests of the customer are always placed first--- except of course, as was the case with Collateralized Debt Obligations (CDOs), when an act of Congress prohibits the SEC from having a look. Could they have stemmed the tide? It doesn't matter. What matters is that complicated products are reviewed more carefully in the future.
Fannie Mae and Freddie Mac have a similar tale not to tell. Congress was closely involved in their charade as well, with conflicts of interest that are certainly worthy of extensive investigations, but, again, not now. Now we need to get this credit driven economy out of the emergency room and back out there where it belongs, greasing the wheels of all industries, growing jobs, and reaffirming the strengths of our system.
This is not a situation where an innocent government is bailing out an evil industry that has lost its credibility (the financial sector deserves little credibility). This is an opportunity for Congress to save and strengthen an economy that has suffered from a government-initiated relaxation of lending rules, a government-mandated ban on regulation of derivative products, and accounting rules that just don't make sense for mortgage backed (or any fixed income) securities.
Politically, using the financial institutions as a scapegoat is easy and, judging from Internet polls, effective. John Q is furious, but at only half of the problem causers, and for the wrong reasons. How many of you have stopped making your mortgage payments just because the market value of your home has fallen?
Less than 5% would be a fair estimate. Yet a much more significant amount of the collective mortgage debt in the USA (not in any stage of default) has been arbitrarily erased from institutional balance sheets. Even within the "toxic" products the government would purchase, 80% of the loans are solid and meeting their monthly commitments. The cash flow from these products is more than adequate to keep things moving, were it not for Sarbanes-Oxley.
Congress passed the Sarbanes-Oxley Act in 2002, placing some very stringent, inappropriate, and inflexible reporting rules on financial institutions. Under this law, financial assets must be valued at fair market value--- even if they are not for sale! The Working Capital Model eliminates this problem entirely, but it is difficult to apply when the individual securities are not identifiable.
More than 95% of Americans are making their mortgage payments right on schedule, yet there is no market for the financial products that contain these mortgages. Consequently, balance sheets reflect trillions of dollars less than the maturity value of the securities held by the financial institutions.
Eureka! Regulate the product creating mechanism better, so that the productive value of the underlying assets is measurable. But, in the meantime, suspend the Sarbanes-Oxley restrictions and re-evaluate their applicability to packaged mortgage products in existence now.
Bonds, mortgages, preferred stocks, etc. are contracts that are honored 99% of the time. They are held for the income they promise. These promises are being met while the government tells holders that they can't be booked at full value. Have they all gone mad?
This is no bailout of an industry, it's a transfusion of capital needed to allow an industry to comply with legislation that just doesn't make sense. And while the politicians posture and pontificate, bluster and blame, banks are failing and irreparable harm is being done to John Q's nest egg. Yours and mine!
Telling me that my house has dropped in market value does me no harm, and I continue to make my monthly payments--- the lower (more realistic) market value may reduce my carrying costs. Telling banks that the mortgages they are collecting on need to be written down because they can't be sold is lunacy.
Tell John Q more about the source of the problem, and different heads will roll.
Both Joseph Quinones & Steve Selengut are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Joseph Quinones has sinced written about articles on various topics from Mergers, Pink Sheets and Initial Public Offering. Joseph Quinones, President of Genesis Corporate Advisors has spent over 25 years in the securities industry. In 1992 he founded JDQ Financial Group, Inc. and proceeded to build it up from a one Man operation to the point where it employed many traders, ad. Joseph Quinones's top article generates over 74000 views. to your Favourites.
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