April 13, 2007
SOX and Insider Trading
Posted by Gordon Smith

Larry Ribstein explains why SOX would not have stopped Joe Nacchio: "SOX was not designed to stop fraud at the top. We have learned time and again that a determined CEO can thwart internal controls."

Corporate Governance, Securities | Bookmark

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Comments (1)

1. Posted by Mike Guttentag on April 13, 2007 @ 22:23 | Permalink

I would certainly defer to Lisa F. on these matters, but it seems to me that some of the SOX provisions were explicitly directed at reducing the CEO’s ability to carry out a fraud. For example, shifting authority over hiring of the auditor from the CEO to an independent Board committee was an effort to limit the influence of the “imperial CEO.”

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