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Analyzing Conflict Mineral Policy Compliance in the Technology Industry

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Conflict minerals are those that are taken from violent, militia controlled mines in areas like the Democratic Republic of the Congo and used in technology such as laptops, cellphones, and computers. They are then sold to fund bloody wars that have been raging for years. The issue of conflict minerals…

Conflict minerals are those that are taken from violent, militia controlled mines in areas like the Democratic Republic of the Congo and used in technology such as laptops, cellphones, and computers. They are then sold to fund bloody wars that have been raging for years. The issue of conflict minerals continue to rise as technology advances. To combat the issue, the Dodd-Frank Act was implemented in the U.S. in 2010. The act requires companies listed on the stock exchange to report information on possible conflict mineral usage. However, there is a large discrepancy in the compliance levels between many similar technology companies subject to the Dodd-Frank Act. This paper addresses the factors driving compliance through the use of a theory testing method known as pattern matching, and attempts to answer why such similar companies have such different compliance levels. The pattern matching technique looks to test the applicability of theories based on what they theorize will happen and what actually happens in a given scenario. In this instance, the theories know as general deterrence, institutional, and stakeholder theory were put to the test in order to identify the factors driving compliance levels with conflict mineral policies. Both general deterrence and stakeholder theory were able to adequately match their theorized outcomes of conflict mineral compliance with actual observed outcomes. However, general deterrence theory more adequately explained the differences in compliance levels between similar companies. This information has implications on the policy side of the issue, as it reveals a way to more effectively drive up compliance levels by increasing disincentives and penalties in accordance with general deterrence theory.
ContributorsMeyer, Matthew Jacob (Author) / Kull, Thomas (Thesis director) / Wood, Reed (Committee member) / Department of Supply Chain Management (Contributor) / W. P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2016-05
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The Unintended Consequences of Sarbanes-Oxley Act of 2002

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Given its impact on the accounting profession and public corporations, Sarbanes-Oxley Act of 2002(SOX) is a widely researched regulation among accounting scholars. Research typically focuses on the impact it has had on corporations, executives and auditors, however, there is limited research that illustrates the impact SOX may have on average…

Given its impact on the accounting profession and public corporations, Sarbanes-Oxley Act of 2002(SOX) is a widely researched regulation among accounting scholars. Research typically focuses on the impact it has had on corporations, executives and auditors, however, there is limited research that illustrates the impact SOX may have on average Americans. There were several US criminal code sections that resulted from the passing of SOX. Statute 1519, which is often referred to as the "anti-shredding provision", penalizes anyone who "knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to" obstruct a current or foreseeable federal investigation. This statute, although intended to punish behavior similar to that which occurred in the early 2000s by corporations and auditors, has been used to charge people beyond its original intent. Several issues with the crafting of the statute cause its broad application and some litigation even reached the Supreme Court due to its vague wording. Not only is the statute being applied beyond the intent, there are other issues that legal scholars have critiqued it for. This statute is far from being the only law facing these issues as the same issues and critiques are found in the 14th amendment. Rewriting the statute seems to be the most effective way to address the concerns of judges, lawyers and defendants regarding the statute. In addition, Congress could have passed this statute outside of SOX to avoid being seen as overreaching if obstruction of justice related to documents was actually an issue outside of corporate fraud.
ContributorsGonzalez, Joana (Author) / Samuelson, Melissa (Thesis director) / Lowe, Jordan (Committee member) / School of Accountancy (Contributor) / Barrett, The Honors College (Contributor)
Created2016-12