ARTICLES
AND POSITION PAPERS
Kahn & Associates has extensive experience in securities
fraud litigation. The firm has represented plaintiffs in the biggest
financial scandals in the history of the public markets. Its lawyers have
written extensively about the causes and pervasiveness of these problems as well
as solutions.
Let's Get
Real-Why the Sarbanes Oxley Act Is a Sham (PDF Format)*
This article:
Explains why the Sarbanes Oxley Act is a
politically motivated effort to pacify the voters without addressing
fundamental causes;
Explains how the absence of real checks
and balances in our capital markets damages our economy by misallocating
our resources;
Explains how our democracy is damaged by
the unfettered control of corporate insiders who are unelected and
unaccountable;
Explains why our current checks and
balances - most notably outside auditors and boards of directors do not
provide real protection;
Provides an overview of the forces that
lead to the publication of false and misleading financial reports;
Proposes fundamental solutions including
restructuring our checks and balances and dealing with the conflicts of
interest which lead to the distortion of financial information given
investors.
Who's The Boss?:
Controlling Auditor Incentives Through Random Selection (PDF Format)*
This article:
Suggests a method for creating truly
independent auditors;
Discusses the costs of not doing so;
Explains why the Sarbanes Oxley scheme
for auditor independence will not work;
Discusses other recently suggested
solutions.
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