Arthur Andersen
Chapter four of our text explains the mandated requirements for legal compliance. The following requirements apply to the Arthur Andersen case. Certainly, accountants are very important in this mix because they are the watchmen for the system, making sure that the books are correct and transparent so that there will be confidence in the system by all of the stakeholders. The tragedy of Arthur Anderson (as well as in the present recession) is that the watchers have falsified the books. In the view of the author, transparency is a major component of faith in the financial system for all stakeholders. When auditing agencies act illegally and unethically, it shakes faith in the system and prevents the normal operation of capitalism because such uncertainty makes it virtually impossible to have normal business planning and day-to-day functioning.
Laws and incentives are instituted by governments to set minimum standards for business conduct in order to preserve faith in the system and to ensure that everyone has a fair chance to make an honest profit. This is the reason for audit companies such as Arthur Andersen. They can detect when corruption creeps in due to irregularities in the books (Institutionalization of business ethics, 2010,, 95). Outside of the accounting system, the civil and criminal law systems provide venues for facilitating compliance. Civil law lays out rights and duties and are enforced by lawsuits while criminal law prohibits certain actions (such as fraud) and provides for punishment measures (such as prison) for violations (ibid., 96).
Ethics and their maintenance is really not the purview of the legal compliance. Law is more concerned about determining the appropriateness of situation. In other words, the laws lay the groundwork for responsible business activities. These fall into five basic categories: 1) regulation of competition, 2) consumer protection, 3) promotion of safety and equity, 4) environmental protection, 5) compliance encouragement (ibid. 97).
Probably, companies such as Enron...
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