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Supreme Court Finds Audit Board Violates Constitution, Puts SarbOx In Question

Tyler Durden's picture




 

Just headlines: "the audit board violates constitution, supreme court finds." As Reuters explains: "At stake in the case is how corporate America is audited and a key provision of the Sarbanes-Oxley corporate reform law adopted in 2002 in response to the Enron and WorldCom accounting scandals. If the Supreme Court strikes down the board, the ruling will put pressure on Congress to revisit the law, opening it up for potential changes in the reporting duties of companies." Then again, who even pretends we have remotely credible filings anymore? With FASB indefinitely locked in the basement and companies allowed to report their numbers on a mark-to-unicorn basis, it is all lies anyway.

 

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Mon, 06/28/2010 - 11:03 | 438570 The Merchant of...
The Merchant of Venice's picture

Fastow for SecTreas!

Hurry please.  The BIS is starting to publish the truth.

Mon, 06/28/2010 - 11:05 | 438576 Ragnarok
Ragnarok's picture

OT: Someone's having fun with gold today.

Mon, 06/28/2010 - 11:11 | 438600 declineNfall
declineNfall's picture

while on Sarbox

http://www.corporatesecuritieslawblog.com/securities-litigation-arizona-...

 are bank ceo's subject to sarbox, or did they buy their way out of that too?

 

Mon, 06/28/2010 - 11:16 | 438629 Gully Foyle
Gully Foyle's picture

They did stand up for Gun Rights and the Constitution.

Mon, 06/28/2010 - 11:17 | 438634 furieus
furieus's picture

"mark-to-unicorn"  LOL

Mon, 06/28/2010 - 11:19 | 438639 Cyan Lite
Cyan Lite's picture

With a 5-4 vote, they stood up for gun rights saying the Second Amendment applies to states and localities.

Seriously??? 4 Justices voted against the Bill of Rights applying to the states?

Mon, 06/28/2010 - 11:24 | 438665 carbonmutant
carbonmutant's picture

Supremes rule that business methods can be patented

Algos now have legal standing...

Mon, 06/28/2010 - 11:37 | 438713 Cursive
Cursive's picture

I implemented SOX404 a/k/a SarbOx at a publicly traded company.  I can tell you first hand it is nothing but a Kabuki dance.  The corporate directors/management are untrustworthy, but SOX doesn't prevent that.  Nothing except a buyer's revolt followed by shareholder activism would help.

Mon, 06/28/2010 - 11:49 | 438761 Cincitucky
Cincitucky's picture

Demonstrating how the Constitution compares to Charmin... it does leave those small pieces left clinging to your ass!  Only makes sense as to why they hate it with a passion.

While my opinion is that SOX is ultimately worthless.  Justice would rule in favor of companies, don't want to hurt their feelings now that they are declared individuals.

Mon, 06/28/2010 - 12:07 | 438833 GlassHammer
GlassHammer's picture

Just like the SEC, SarbOx is only present to make market participants feel safe when they should be terrified.

People need to shake this belief that corruption is not common place in this market. The market is full of bribes, violence, and theft.

Its not that difficult to show the banks (Citi, JPMorgan, GS) as loan sharks and institutions for forgery.

"Forgery - the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive," -wiki

I could easily make the arguement that creating CDO's fits the above definition perfectly. Better yet, go look at the definition of a loan shark and tell me that banks engaged in sub-prime lending aren't loan sharks.

 

 

Mon, 06/28/2010 - 12:17 | 438864 Vampyroteuthis ...
Vampyroteuthis infernalis's picture

It is just one more step to legalizing the corruption and greed found in the upper echelons of corporate America. Saves them a significant amount of money otherwise spent on bribes and armies of corporate lawyers.

Mon, 06/28/2010 - 12:18 | 438868 docj
docj's picture

Just to make it clear to my decidecly non-legal mind - does this mean that The Lawyer's Full Employment Act of 2002 is at least partially repealed?  Or not?

Mon, 06/28/2010 - 13:38 | 439164 I Am Not a Copp...
I Am Not a Copper Top's picture

The only thing that was ruled unconstitutional was the way PCAOB board members were appointed.  The law stated that the SEC could only removed a board member for cause, which the SC nows says is unconstitutional.  All other parts of the law go on as before.  Essentially a non-event.

Mon, 06/28/2010 - 14:04 | 439249 docj
docj's picture

Thanks, Cop.  Pity.

Mon, 06/28/2010 - 12:36 | 438921 doublethink
doublethink's picture

 

Doublespeak

 

Writing for the majority, Chief Justice John Roberts said the panel, as originally set up, was too unaccountable.

 

http://www.bloomberg.com/news/2010-06-28/sarbanes-oxley-audit-board-must...

 

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