• Professor Elam

    Friday Dec  30 2016

    From today's WSJ

    Obama’s Regulations Aren’t the Only Trump Target

    The Sarbanes-Oxley Act has multiplied audit costs for small firms and slowed IPOs—for what benefit?

     
     

    President-Elect Donald Trump and Republican leaders in Congress have pledged to repeal many regulations put in place by President Obama. This would be a good start, but they need to go further. Overregulation didn’t start during the Obama administration.

    In the spirit of bipartisanship and fostering economic and job growth, Mr. Trump and Congress should remove all regulatory barriers needlessly obstructing America’s entrepreneurs, consumers or investors, regardless of which party implemented them. They can start with a law signed and implemented by President George W. Bush.

    In 2002 the Sarbanes-Oxley Act, or Sarbox, was rammed through Congress and signed by President Bush in response to the Enron and WorldCom accounting scandals. But its regulatory burden has fallen heaviest on small and midsize public companies. As noted in a 2011 report from President Obama’s Council on Jobs and Competitiveness, “Regulations aimed at protecting the public from the misrepresentations of a small number of large companies have unintentionally placed significant burdens on the large number of smaller companies.”

     

    President George W. Bush with the co-sponsors of the Sarbanes-Oxley Act, Sen. Paul Sarbanes (right) and Rep. Mike Oxley, in 2002. ENLARGE
    President George W. Bush with the co-sponsors of the Sarbanes-Oxley Act, Sen. Paul Sarbanes (right) and Rep. Mike Oxley, in 2002. Photo: Alamy Stock Photo

    One of Sarbox’s most onerous mandates stems from two brief paragraphs that comprise Section 404, which requires that public firms have effective “internal controls.” The section itself mandates merely an “attestation” by the outside accounting firm that these controls are effective in preventing fraud.

    The law was implemented by the Public Company Accounting Oversight Board, a quasi-public accounting rule-making agency created by Sarbox. Under the PCAOB’s boundless interpretation, Section 404 requires full-blown audits of “internal controls” of any company processes that could potentially enable “a reasonable possibility of a material misstatement in the financial statements.” This extremely broad standard may encompass all manner of company operations.

    Academic studies and annual reports reveal that Sarbox has caused auditing costs to double, triple and even quadruple for many companies. A 2009 study by the Securities and Exchange Commission found that smaller public firms have a Sarbox cost burden more than seven times those of large public companies.

    Since Sarbanes-Oxley’s enactment, there has been a rush to the exits from U.S. exchanges, and very slow traffic for initial public offerings. Yet Sarbox failed to catch subprime mortgage shenanigans that led to the financial crisis, prompting analysts to question the law’s worth even in its stated purpose of preventing financial fraud.

    The recent stock-market surge obscures that over the past decade the number of firms listed on U.S. exchanges has dropped dramatically. In 2001, the year before Sarbox became law, there were more than 5,100 companies that investors could purchase on exchanges such as Nasdaq and the New York Stock Exchange. By 2015 there were just 3,700—fewer than during the “bear market” year of 1975, when publicly traded stocks numbered more than 4,700. Meanwhile, non-U.S. stock listings rose 28% from 1996 to 2012, according to the National Bureau of Economic Research.

    Another worrying sign is the ballooning size of IPOs in the U.S. In the early 1990s, Starbucks and Cisco Systems had IPOs raising less than $50 million, as did 80% of companies launching IPOs at the time. Both firms’ market valuations were less than $250 million when they went public. Entrepreneurs were able to get public capital to grow their firms, and average investors were able to grow wealthy with the firms they invested in.

    A few years after Sarbox, however, 80% of firms launched IPOs greater than $50 million, according to the Obama Jobs Council report, and IPOs of greater than $1 billion have since become a normal occurrence. Facebook waited until it could launch an IPO of $16 billion and had an $80 billion market valuation before it went public in 2012. Many speculate that Uber may not go public until it is worth more than $100 billion.

    Yet there are two reasons for optimism. First, prominent Democrats, as well as Republicans, have recognized the burden imposed by Sarbox and have expressed a willingness to tackle the problem. In 2012 President Barack Obama signed the Jumpstart Our Business Startups (JOBS) Act, which exempts newly listed small and midsize public companies from Sarbox’s internal control audits for five years after they are listed.

    Second, Mr. Trump can do a lot administratively, thanks to a 2010 Supreme Court decision. In Free Enterprise Fund v. Public Company Accounting Oversight Board , the court ruled that members of the PCAOB are subject to at-will removal by a majority of members of the SEC. If the existing oversight board refuses to revise its accounting standard to be in line with the statute and call for a simple “attestation” of internal controls, instead of a full-blown audit, a 3-2 majority of SEC commissioners could fire current members of the board and appoint replacements.

    By saying his trademark phrase “you’re fired” to the PCAOB, Mr. Trump’s SEC could clear a path of growth for U.S. firms to expand and tell thousands of workers, “You’re hired.”

    Mr. Berlau is a senior fellow at the Competitive Enterprise Institute (CEI), a Washington-based free-market think tank. Mr. Cody is a former CEI research associate.

  • Professor Elam

    Thursday Dec 29, 2016

    Amazon is filing Drone Patents faster than you think.

    Automated fly by air delivery may be closer than we think.   Here is another example of how a machine replaces a human to do repetitive tasks.

  • Professor Elam

    Thursday Dec 29, 2016

    Here is an ad for the comptroller position at USAA Real Estate.

    Obviously this is NOT an entry level position for a recent accounting graduate. But it is an indication of where one would need to be in ten years or so to even be considered.

     

    Note, nothing about a Masters but CPA Required.

  • Professor Elam

    Wed Dec 28, 2016

    On My Bookshelf

    Non-Fiction

    A Dog Named Slugger by Leigh Brill Ms. Brill has cerebral palsy which has worsened as she ends college. Simple tasks such as handing a coin to the clerk elude her. Then she learns about service dogs, applies, and is partnered with Slugger. Slugger is a yellow male Lab. Leigh takes us behind the scenes on how a dog is trained over two years. The book traces her marriage and blossoming career.  Slugger opens doors, retrieves fallen coins, and brings new confidence to Leigh. This is a tale for dog lovers everywhere.

    Spiralizer Cookbook by John Web

    Muffin Tin Chef: 101 Savory Snacks….by Matt Kadey

    Web offers a new way of presenting vegetables. Kadey presents ways to create individual portions via the muffin tin in a creative manner.

    Why They Do It: Inside the Mind of White Collar Crime by Eugene Soltes

    In Texas one must take an ethics course approved by the State Board of Accountancy to sit for the CPA exam.   I designed and teach our course here at San Antonio A & M. Soltes has written an excellent supplement for such a class. The reason is that he uses real world examples of real world white-collar felons to demonstrate his points. He also reviews the history of white-collar sentencing as well as theories for why they do it.

    Demonic: How the Liberal Mob is Endangering America by Ann Coulter

    Ann is an acquired taste. This book came out a few years ago but after watching the emerging demonstrations of the past two years, I took a read. She traces this practice of mob rule to he French Revolution. And brings it right up to today.   Biased, opinionated, skewering, and humorous, she spares no prisoners in the best French Revolution tradition.

    Lucy and Desi by Warren G. Harris this is touted as the best read on America’s most famous couple. But understand this is more than a star-crossed romance. It is the story of the literal development of television on the West Coast. It is the story of how pregnant women and mixed marriages became an accepted norm. The couple formed Desilu from the RKO studios, and well the rest is history. Desi was the most successful television director and producer in the 1950s. This story reflects expanding Americana culture via television in the 1950s. Alas, don’t expect a happy ending.

    Killing Lincoln by Bill O’Reiley The Killing series succeeds so well in that it is written in a page turning ‘you are there’ style.’ I have read three in the series, the other two being Patton and Kennedy. But surprise, Lincoln held the most surprises. I won’t reveal why but there is much, much more here than simply Booth shooting Lincoln.

    Mood Matters by John Casti I often discuss how social mood drives social action in this column.   This is an excellent one-volume explanation and demonstration of how this applies to all social action from music to movies to politics.

    The Socionomic Theory of Finance by Robert Prechter I wrote a review of this book which has been submitted for academic publication.   Prechter advances the idea that the Random Walk Theory is incorrect. Behavioral Finance gets closer to the truth but still assumes individuals are influenced by outside forces. This is a compilation of articles written over time which demonstrate his point.

    The Nearly Free University and the Emerging Economy by Charles Hugh Smith. Smith suggests that the several hundred year old higher education system is overdue for an over haul.   He argues for a new paradigm in which we accredit the graduate not he university. He suggests something analogous to the CPA exam to prove that the student has learned something.

    The Fall of the Faculty: The Rise of the All Administrative University by Benjamin Ginsberg Simply put, read this to find out what is really going on in Higher Education.

    Fiction

    The Black Widow by Daniel Silva   This is the 16th in the Gabriel Allon series.   Allon is an Israeli operative whose cover is art restoration. Silva has conducted extensive research in writing the story. This is a window on the mind of ISIS.

    Stories from the Twilight Zone by Rod Serling Fifty years and counting there is no modern replacement for the imagination of Serling. These are stories from the series. The original television shows are available on Netflix and Amazon Prime.   And they have lost no appeal over time.

  • Professor Elam

    Wed Dec 28, 2016

    There are any number of cases of someone pretending to be a former military officer, usually highly decorated, a doctor, or a lawyer.

    The latest involves one Mauricio Celis who claimed to be a lawyer.

    He finally claimed to be a lawyer in Mexico but that was not true either. Now he is up for money laundering charges.But this was after owning a law firm in Corpus Christi.

    This is why auditors should maintain  professional skepticism in the face of potential bogus claims.

  • Professor Elam

    Tuesday Dec 27 2016

    Here is .a great peace of Americana, circa 1953

    it is still traditional to film or tape shows before an live audience. Here is the original.

    Lucy set the standard for all shows hat followed.

     

  • Professor Elam

    Tuesday December 27 2106

    If I were to create the Most Common Sense Award, it would surely go to  Thomas Sowell.

    The above link takes you to his last column written now at age 86. I have linked to his columns on this blog. But sadly I have never received a single student comment on his writings.

    He is a converted Progressive and an economist. He and htWalter Wiliams are the rarest of ecomomic breeds. Which is to say they espouse a conservative philosophy.

    He is the author of over 40 books and hundreds of columns. Take a read here ot learn more.

    And he is never better than expressing his Random Thoughts which are more spot on than most other highly focused thoughts.

  • Professor Elam

    Weekend Dec 25 2016

    Eatsa combines low cost food with kiosk ordering and a throwback to the original automat.

    This is what you get when progressives demand a  $15 minimum wage.

  • Professor Elam

    Weekend Dec 25 2016

    Here is the Starbucks of sheets.

    Not many guessed people would pay up for coffee. Now they are paying $240 for a set of sheets.

    Read how this couple created an up market demand for something as simple as bed sheets.

    The cotton is specially grown and ht factories are certified safe and clean.

    And apparently the sheets feel pretty darned good.

    It just goes to show that even a simple item can be re invented and elevated to new status, and there is money in it!

  • Professor Elam

    Weekend Dec 25 2016

    Arrests of former Platinum Partners Execs now total six.

    As I have been discussing on this blog, we will study Why They Do It in Acct 5308 this spring.