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Sarbanes-Oxley Act (Why Twitter may be in trouble)
Legal Information Institute at Cornell Law ^ | April 2021 | Wex Definitions Team

Posted on 05/13/2022 9:17:58 AM PDT by DoodleBob

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To: DoodleBob

“I expect the SEC will go after Twitter if there is a case.”

I imagine they’re doing so right this very moment. Look for the cases to be prosecuted in the SDNY which deeply frowns on securities fraud.


21 posted on 05/13/2022 10:01:16 AM PDT by MercyFlush (The Soviet Empire is right now doing a dead cat bounce.)
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To: FLT-bird

Income is recorded on financial statements, not customers.

I’ve been in audit, as well.


22 posted on 05/13/2022 10:14:51 AM PDT by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: DoodleBob

The SEC people of multiple genders can still be fired on the spot by Xao Bai-Dung and prosecuted in show trial by Mary Garland.


23 posted on 05/13/2022 10:27:57 AM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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To: blackdog

“Which is why going private equity is nice.” Unless of course the private equity firm that bought you out is named GPB Capital. Estimated to be the 3rd largest ponzi scandal in US history, and the principals are still not in prison.

It was a heartbreaking experience.


24 posted on 05/13/2022 10:34:29 AM PDT by JubJub ( )
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To: ConservativeMind

“I will say I am not aware of a SOX control that would care about the number of customers. Instead, it is strictly financial, so income and expenditures would be things the accounting department would have to get right—not the number of “valid customers.””

My thoughts exactly.


25 posted on 05/13/2022 10:40:52 AM PDT by plain talk
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To: DoodleBob

This may be a road map to taking down all of the tech companies with bots and fake accounts.


26 posted on 05/13/2022 10:41:41 AM PDT by JerseyDvl (During times of universal deceit, telling the truth becomes a revolutionary act.)
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To: DoodleBob

SOX can make the most resolute board room quake with fear. Once it gets on you, accusation or not, it does not go away. You can quit but it will follow you.

This could be even more fun to watch than it is now.


27 posted on 05/13/2022 11:04:52 AM PDT by Sequoyah101 (Politicians are only marginally good at one thing, being politicians. Otherwise they are fools.)
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To: DoodleBob

SOX should be applied to universities. If, for example, a college claimed to have a professor of Native American descent, the college’s president should be held accountable if it’s really a shrill harpie gaming the affirmative action system on her way to the Senate.


28 posted on 05/13/2022 11:16:45 AM PDT by Dilbert56
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To: ConservativeMind

SOX covers more than just what a company reports as income.

Significantly overstating customers would be a material mistatement.


29 posted on 05/13/2022 12:26:05 PM PDT by FLT-bird
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To: FLT-bird

Customer count is nowhere in a SOX report.

It may be in their annual report, but it is not a SOX financial item. I know.


30 posted on 05/13/2022 12:30:14 PM PDT by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: devane617
I had posited this question a couple weeks ago….it's a publicly traded company. Inflating the number of users would also inflate the value.
31 posted on 05/13/2022 12:36:50 PM PDT by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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To: ConservativeMind

When ad rates are set by the number of customers, then the income is directly influenced by the allowance of fake accounts, thereby inflating revenue based on known fraudlent data. Wouldn’t that count as cooking the books?

I’ve not been in a financial audit role, so I’m asking a real question to which I do not have the answer.


32 posted on 05/13/2022 12:42:22 PM PDT by MortMan (You better bring yours, when you come to take mine. - Creed Fisher)
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To: MortMan

Ad rates have nothing to do with the accuracy of the financial statement.

It’s analogous to saying the job you have affects the accuracy of your bank account statement. It’s can’t. You can increase the funds in the account or decrease the amount taken out, but none of this affects the “accuracy” of the accounting numbers.


33 posted on 05/13/2022 12:45:52 PM PDT by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: MortMan

It’s ripping off the ad buyers but also Share Holders which is even worse because of regulations and huge sums of money are in play.

Perhaps charges are in order for the Board of Directors. That’s too bad. 😆🤣😂


34 posted on 05/13/2022 12:49:20 PM PDT by David Chase
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To: DoodleBob

Elon Musk tendered an offer based on the representations of the company by their Directors and Executive who asserted that they were correct. They agreed to the terms presented by Musk and now they are engaged in good faith negotiations to finalize the transaction. We now know that Twitter’s representations were not correct and they knew it.

My guess is that Musk knew this at the outset and he set a trap that the Twitter leadership could not avoid. He holds all of the cards and he has options. He can walk away from the deal, which will destroy the company, or he can sign the deal under a renegotiation agreement that will reduce the purchase price that more closely aligns with the real value of this company. The Directors and the Officers of the company will be in serious legal jeopardy and may end up as defendants in a criminal court.


35 posted on 05/13/2022 1:40:45 PM PDT by centurion316
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To: DoodleBob

Elon Musk tendered an offer based on the representations of the company by their Directors and Executive were correct. They agreed to the terms presented by Musk and now they are engaged in good faith negotiations to finalize the transaction. We now know that Twitter’s representations were not correct and they knew it.

My guess is that Musk knew this at the outset and he set a trap that the Twitter leadership could not avoid. He holds all of the cards and he has options. He can walk away from the deal, which will destroy the company, or he can sign the deal under a renegotiation agreement that will reduce the purchase price that more closely aligns with the real value of this company. The Directors and the Officers of the company will be in serious legal jeopardy and may end up as defendants in a criminal court.


36 posted on 05/13/2022 1:41:27 PM PDT by centurion316
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To: ConservativeMind

If you are overstating customers, you’re going to have to refund advertisers. That’s going to directly impact the financials.


37 posted on 05/13/2022 2:00:37 PM PDT by FLT-bird
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To: FLT-bird

That has nothing to do with the financial statement.


38 posted on 05/13/2022 2:06:02 PM PDT by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: DoodleBob

Twitter and Facebook and the other social media companies lie about the number of users. They know there are many fake accounts. This boosts the stock price. The owners should lose all the money.


39 posted on 05/13/2022 2:15:42 PM PDT by minnesota_bound (Need more money to buy everything now)
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To: ConservativeMind

When the financial statements is based on revenues that are overstated, that definitely does have something to do with the financial statements.


40 posted on 05/13/2022 2:33:48 PM PDT by FLT-bird
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