Criminal Prosecution of Managers as a Weapon against Corporate Crime

            Which laws are broken in the current cases at issue'
             Recently, a number of headline-grabbing cases, such as the accounting
             fraud that existed at the Enron Corporation, have highlighted the role of
             management at various corporations and in the financial industry, in the
             commission of corporate crime. The role of accountants and the major
             corporate accounting firms, as well as the chief financial advisors of
             corporations and the management personnel whom may or may not be aware of
             illegal accounting activities, are now under strict scrutiny by the SEC.
             The Securities and Exchange Commission has attempted to become more
             vigilant in policing and prosecuting illegal activities in recent years.
             (Asarita, 2002). It is illegal for companies to release fraudulent or even
             misleading information regarding their company's performance. (Chartier,
             2002) However, to a certain extent, these companies state that their
             managerial, non-accounting staff must trust' what the expert accountants
             sayâ€"after all, that's why the accountants are considered the experts.
             However, it is also alleged that managers can pressure their
             accountants to release fraudulent information, which is illegal. But it is
             difficult to prove that managers or CEOs knew that this information was
             fraudulent, or pressured accountants to do so after the fact. Often, the
             pressure process is so subtle, the SEC has difficulty knowing who knew
             when, and who said what. Thus, a legal Gordian knot results that is
             difficult to untangle.
            
             Cases that are prosecuted
             Last year, the number of accounting fraud cases investigated by the
             Securities and Exchange Commission jumped forty-one percent, according to
             agency data, resulting in tens of millions of dollars in fines upon the
             offending companies to settle the charges. This jump is largely
             attributed, not simply to more creative forensic accounting techniques in
             discoveri...

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Criminal Prosecution of Managers as a Weapon against Corporate Crime. (2000, January 01). In MegaEssays.com. Retrieved 09:04, May 10, 2024, from https://www.megaessays.com/viewpaper/200421.html