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SOX turns 10!!

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  • SOX turns 10!!

    After the collapse of Enron and scandals at Worldcom, Tyco, and others back in 2001-2002, Congress moved quickly to enact legislation to increase protection for investors in public companies. I was in grad school (accounting) at the time. The US was also in a recession and jobs were hard to come by, even for accounting students at BYU (which is unusual). I remember only one person was offered an internship to a Big Five firm in SLC and it was given to the BIL of the KPMG recruiter.

    I missed out on an internship in my last summer in the program, but I did accept an offer from Arthur Andersen in Phoenix to participate in a leadership week. I targeted Phoenix for my Andersen interviews but they weren't taking interns, however to keep the BYU pipeline open they would bring in students for a couple days and show them around the office, pamper them a bit in the city, then send them off to the Andersen facility in St. Charles for some more schmoozing with Andersen top executives, all in the effort to get us to sign on full time when we graduate. I was excited that I at least had something going for me that summer, although I had a long time to wait. Interviews always took place in the fall and I had accepted my offer in the late fall of 2001.

    In December 2001 Enron filed for bankruptcy. I remember, probably more vividly than most, the fallout and the aftermath at least from the Andersen side. At its peak, Enron was the 6th largest public company in the US and it fell, hard and quick, leaving many people looking for someone to blame. The obvious targets are the executives and auditors (why are the lawyers never blamed in these things? ). I remember Andersen taking a beating, and somewhat rightly so, due to its mismanagement of the investigations and its really poor PR skills. In early 2002 me and several other candidates for Andersen began to wonder what was going to happen the firm. I sent emails off to the recruiter and she promptly replied back. She attempted to communicate a sense of calm and ultimately told us the firm would survive and things would be fine in the summer. Well, things got worse and despite the "uplifting" follow up emails we received, I think we all knew better.

    I remember receiving a final phone call sometime in March/April 2002. I wish I had recorded that phonecall as it was short and to the point. It confirmed my suspicions that things were not well at the firm and that people were now entering a state of self-preservation. Basically the firm was hemorraging talented employees by this point and those employees were sure to bring clients over to their new firms. It was kind of surreal talking to this person and knowing that they would very soon be out of job. I remember feeling very somber, not for the loss of my summer adventure, but more for this young recruiter and mostly for the BYU students that were graduating and going through the same issue as me, only they were losing a full-time job. Thankfully most of them were able to find similar work at other firms. Everything ultimately turned up fine for me. I got the full time job I really wanted and to pass the time in the summer I did an internship for a local CPA firm.

    While the efficacy of SOX has been widely debated, and some people still call for its repeal, I ultimately think SOX has been a net positive for the capital markets. Like a lot of legislation that is passed in response to a crisis (think Dodd-Frank) it is the knee-jerk reaction that results in some very bloated and cumbersome regulations. However, once implemented those regulations usually get scaled back to more workable levels. One good example in SOX is the requirement for auditors to attest on internal controls. Initially auditors had to not only attest on the efficacy of controls, but they also had to attest on management's process of determining the efficacy of internal controls. Both of these attestations were required for the first 3-4 years of SOX, however sometime in 2006 the PCAOB (which was created by SOX) decided to drop the requirement to evaluate managements process, which ultimately reduced a good amount of work for the auditors.

    Anyway, I know that is long, but felt I'd share my run in with Enron/Andersen/SOX. I do wonder if anyone here was effected by the passage of SOX?

    P.S. I go to lunch frequently with a friend that worked for Andersen and was on the Enron account. He was a new staff at the time and spent some time in the Enron document shredding room putting documents into the shredder.
    "Discipleship is not a spectator sport. We cannot expect to experience the blessing of faith by standing inactive on the sidelines any more than we can experience the benefits of health by sitting on a sofa watching sporting events on television and giving advice to the athletes. And yet for some, “spectator discipleship” is a preferred if not primary way of worshipping." -Pres. Uchtdorf

  • #2
    Fitter. Happier. More Productive.

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    • #3
      So Russell...what do you love about music? To begin with, everything.

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      • #4
        then send them off to the Andersen facility in St. Charles for some more schmoozing with Andersen top executives
        So Russell...what do you love about music? To begin with, everything.

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        • #5
          Originally posted by TripletDaddy View Post


          Maybe I should have started a thread devoted to help cull employment opportunities for ex-Olympians since, you know, they have no marketable skills once they are done training full time and competing

          Originally posted by MarkGrace View Post
          "Discipleship is not a spectator sport. We cannot expect to experience the blessing of faith by standing inactive on the sidelines any more than we can experience the benefits of health by sitting on a sofa watching sporting events on television and giving advice to the athletes. And yet for some, “spectator discipleship” is a preferred if not primary way of worshipping." -Pres. Uchtdorf

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          • #6
            Originally posted by Moliere View Post


            Maybe I should have started a thread devoted to help cull employment opportunities for ex-Olympians since, you know, they have no marketable skills once they are done training full time and competing
            the only thing worse than a thread composed by an auditor and written about Sarbanes is a thread that is composed by an auditor, supposed to be written about Sarbanes, but is actually a prolix account of his summer internship concerns.
            Fitter. Happier. More Productive.

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            • #7
              Originally posted by TripletDaddy View Post
              the only thing worse than a thread composed by an auditor and written about Sarbanes is a thread that is composed by an auditor, supposed to be written about Sarbanes, but is actually a prolix account of his summer internship concerns.
              This is good to know. I was going to make it a series where I'd discuss the evolution of SOX and how each change was interpreted by my various partners over the years. Now I know I can use that time in other places.
              "Discipleship is not a spectator sport. We cannot expect to experience the blessing of faith by standing inactive on the sidelines any more than we can experience the benefits of health by sitting on a sofa watching sporting events on television and giving advice to the athletes. And yet for some, “spectator discipleship” is a preferred if not primary way of worshipping." -Pres. Uchtdorf

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              • #8
                Originally posted by MarkGrace View Post
                Have you been to the Q Center? PwC took it over (at least partially) after the Andersen collapse, so i went there for my initial training. Of course, they originally told me we'd be going somewhere "just outside" of Chicago. Had I known it'd be over an hour away, I might have taken the EY offer.

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                • #9
                  Originally posted by Moliere View Post
                  This is good to know. I was going to make it a series where I'd discuss the evolution of SOX and how each change was interpreted by my various partners over the years.
                  That is what I was expecting when I saw the thread!
                  Fitter. Happier. More Productive.

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                  • #10
                    Originally posted by filsdepac View Post
                    Have you been to the Q Center? PwC took it over (at least partially) after the Andersen collapse, so i went there for my initial training. Of course, they originally told me we'd be going somewhere "just outside" of Chicago. Had I known it'd be over an hour away, I might have taken the EY offer.
                    I'm glad I never made it out there. Nothing worse than BFE Illinois. I know, I've lived there. It's called Moline!

                    One interesting factoid. Arthur Andersen was ultimately found not guilty on the charges brought against it and it never filed for bankruptcy. Andersen still owns the St. Charles facility and rents it out to groups for trainings, at least they did the last I heard.
                    "Discipleship is not a spectator sport. We cannot expect to experience the blessing of faith by standing inactive on the sidelines any more than we can experience the benefits of health by sitting on a sofa watching sporting events on television and giving advice to the athletes. And yet for some, “spectator discipleship” is a preferred if not primary way of worshipping." -Pres. Uchtdorf

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                    • #11
                      Originally posted by Moliere View Post
                      One interesting factoid. Arthur Andersen was ultimately found not guilty on the charges brought against it and it never filed for bankruptcy. Andersen still owns the St. Charles facility and rents it out to groups for trainings, at least they did the last I heard.
                      Yes. And they hold all Accenture trainings out there.
                      So Russell...what do you love about music? To begin with, everything.

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                      • #12
                        At the risk of making more of you fall asleep I'll only answer your question by stating yes, my life has been greatly affected by SOX. I will add however that this 10 years of SOX requirements has felt like 30. I hate dishonesty but I hate the overreaction even more.
                        "Either evolution or intelligent design can account for the athlete, but neither can account for the sports fan." - Robert Brault

                        "Once I seen the trades go down and the other guys signed elsewhere," he said, "I knew it was my time now." - Derrick Favors

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                        • #13
                          Originally posted by Moliere View Post
                          I remember Andersen taking a beating, and somewhat rightly so, due to its mismanagement of the investigations and its really poor PR skills.
                          Well, that and its knowing facilitation of accounting fraud.

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                          • #14
                            Originally posted by calicoug View Post
                            Well, that and its knowing facilitation of accounting fraud.
                            If by facilitation you mean "faulty audits" then I agree. I'm not sure there was ever a direct facilitation except in the case of David Duncan disregarding opinions from the Andersen national office.

                            In 2002 the auditing profession changed for better or worse, depending on where you were in a firm.
                            "Discipleship is not a spectator sport. We cannot expect to experience the blessing of faith by standing inactive on the sidelines any more than we can experience the benefits of health by sitting on a sofa watching sporting events on television and giving advice to the athletes. And yet for some, “spectator discipleship” is a preferred if not primary way of worshipping." -Pres. Uchtdorf

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                            • #15
                              Originally posted by Moliere View Post
                              If by facilitation you mean "faulty audits" then I agree. I'm not sure there was ever a direct facilitation except in the case of David Duncan disregarding opinions from the Andersen national office.

                              In 2002 the auditing profession changed for better or worse, depending on where you were in a firm.
                              It was more than just faulty audits. It was an entire culture of "well, that's what the client wants" that abandoned AAs earlier culture of doing what they believed was right. Enron was a huge client for them and AA looked the other way time and time again to keep the client happy.

                              I'd recommend reading The Smartest Guys in the Room. It includes a crushing account of AA, along with Enron's other advisors.

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