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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: centurion316

Post of the Thread. EXACTLY.


41 posted on 05/13/2022 2:50:48 PM PDT by DoodleBob (Gravity's waiting period is about 9.8 m/s^2)
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To: FLT-bird
It is only about the accuracy—not the company policies or the stupid decisions that a company makes.

The “financials” is the common term for how well the company is doing.

The “financial statement” is the cold hard fact of the bank account and the internal and external accounts.

If management says they have 50 trillion customers, that doesn't show in their SOX stuff. It might show in their annual statement, and investors could sue over that. But it is not SOX.

SOX financial statement is around IT and financial controls to assure the numbers on the quarterly and annual statements are accurate. Those numbers are financial realities that are often verifiable from bank account information and such. 50 trillion customers, as a lie, does not affect the $10,000,000 in the bank account. It is the $10,000,000 that gets listed, along with other payables and receivables and such.

Accounting departments and their software do a great job of recording and preparing these numbers. Auditors spot check these amounts and the things that feed into them. IT controls prove no one inappropriate could fudge them.

I intimately know SOX work.

42 posted on 05/13/2022 2:55:59 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

Fraud vitiates everything.

That would include a count of users versus bots and fakes


43 posted on 05/13/2022 3:13:15 PM PDT by Steven Tyler
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To: centurion316

I was going to reply to this thread, but what you said in Post 36 states and expands on my thoughts way more elegantly and thoroughly than what I was going to say.


44 posted on 05/13/2022 3:23:50 PM PDT by Momaw Nadon ("...with the ultimate goal of ending tyranny in our world.")
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To: Momaw Nadon

Thanks. I think that we all will learn more in the days ahead.


45 posted on 05/13/2022 3:36:57 PM PDT by centurion316
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To: Hostage

Can bots be created by Twitter itself? Is that what all this is about? That would be a real racket!


46 posted on 05/13/2022 3:53:49 PM PDT by refermech
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To: refermech

Bot groups are created everywhere especially by CCP affiliated groups. I posted a link two years ago on FR about them.

There is a full scale propaganda war throughout America and around the world. The Bot Groups are created to scam viewers into thinking there’s a consensus of opinion, when it’s BS at its root.


47 posted on 05/13/2022 3:59:52 PM PDT by Hostage (Article V)
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To: DoodleBob

Twitter’s CEO and CFO are in serious trouble.

So is Twitter stock. This may mean doom for Twitter.


48 posted on 05/13/2022 6:08:56 PM PDT by Graybeard58
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To: Hostage

Sure I’m starting my garden I could use some tasty corn kernels.


49 posted on 05/13/2022 6:17:33 PM PDT by databoss
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To: ConservativeMind

Yes, its about the accuracy. My point is that its not accurate if their revenues are overstated....which they are if they’ve overstated their users. In that case they have a significant liability they are not accounting for.

The advertising companies who paid them based on an inflated customer count will be owed refunds. They will sue for those if the company doesn’t cough up - and they will win.

Its not just verifying the amount the company says is in its bank account. There is more to it than that.

You say the IT controls prove no one could fudge them. Correct. If they have a lot more bots than they are reporting, that is a failure of their IT controls - and obviously indicates a major control weakness.

I did audit work for Wells Fargo which had employees inappropriately charging customers fees and opening accounts for them in order to meet their own performance numbers. This overstated Wells’ revenue.....yes even though the accounts were opened and the fees charged and collected. Its not that Wells did not have the money. They did. Its that they engaged in fraudulent activity which flattered their financials. They had to disgorge that money and got hit with some severe added sanctions.

Lemme put it this way, if I were auditing Twitter and found they had overstated their customer count and thus had overcharged their customers, I would not sign my name to any SOX or Audit report that did not list that as a finding.


50 posted on 05/13/2022 6:40:56 PM PDT by FLT-bird
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To: ConservativeMind; David Chase

Thank you both for your replies.


51 posted on 05/14/2022 7:13:04 AM PDT by MortMan (You better bring yours, when you come to take mine. - Creed Fisher)
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To: centurion316; FLT-bird; ConservativeMind

Thank you, FReepers, for explaining the issues in this complex case. Wonderful commentary.


52 posted on 07/08/2022 5:52:37 PM PDT by poconopundit (Hard oak fist in an Irish velvet glove: Kayleigh the Shillelagh we salute your work!)
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