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The Sarbanes-Oxley Act: Compliance Hazards and Ethical Dilemmas
The critical components of compliance with the Sarbanes-Oxley Act include the acknowledgement of responsibility by CEOs and CFOs for all financial reports, the issuance of regular internal control reports by the publicly-traded organizations that must abide by the Act, data security compliance with appropriate controls, and documentation of compliance (What is SOX Compliance, 2019). One significant compliance hazard which has emerged in the era of COVID-19, however, is the difficulty of instituting timely financial reports, given the delays, increased uncertainty, and heightened risk in the volatile international environment where outbreaks and lockdowns still continue to abound (Christensen, 2019). There may be an ethical dilemma between protecting employees from being exposed via social distancing and the ethics of compliance with reporting.
SOX likewise requires careful monitoring of sensitive data controls, to minimize the risk of identity fraud (Cryer, 2019). Yet many companies have been sluggish in bringing data breaches to light. This may be the result of a conflict in the responsibility owed to the victims of the breach (such as employees or customers) and the desire of the company to minimize the effects of such a breach to ensure there is less of an impact for shareholders, given the ethical demand for the firm to earn a profit for its shareholders.
Finally, the ethical demand that CEOs and CFOs take full responsibility for all financial reporting under their watch may incentivize the desire to cover up apparent irregularities, especially if they do not originate with the CEO. Also, irregularities may be the result of past mismanagement, or the structure of the company which makes it difficult for the CEO to manage operations, especially abroad, which may have different ethical standards than the more stringent United States.
References
Christensen, B. (202). Voices: Assessing SOX compliance risk in the coronavirus environment. Accounting Today. Retrieved from: https://www.accountingtoday.com/opinion/assessing-sarbanes-oxley-compliance-risk-in-the-coronavirus-environment
Cryer, W. (2021). What is SOX cybersecurity compliance? Audit Board. Retrieved from: https://www.auditboard.com/blog/sox-cybersecurity-compliance/
What is SOX compliance? (2019). Varonis. Retrieved from: https://www.varonis.com/blog/sox-compliance/
Sarbanes-Oxley Act (SOA) was put into law in 2002 following the revelations that Enron (and Enron's accountancy Arthur Anderson), WorldCom, and other corporations were using blatantly corrupt practices in accounting and causing huge losses for stakeholders in those firms. Moreover, the U.S. Congress could not simply stand by and allow companies to use unethical and illegal practices to scam huge sums of money for corporate executives while stripping the IRAs
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