http://dspace.epoka.edu.al/handle/1/1827 2026-04-16T22:58:19Z http://dspace.epoka.edu.al/handle/1/1839 Deconstructing the use of REPO 105 and Repo 108 Transactions Under SFAS 140: the Case of Lehman Brothers Holding Inc. and the Liability of Ernst & Young Burke, John JA Prior to filing for bankruptcy in 2008, Lehman Brothers Holding Inc., [LBHI] relied upon select repurchase agreements denominated “Repo 105” and “Repo 108” for the purpose of re-casting its balance sheet to meet net leverage ratios required by money markets. SFAS 140, as then existing without the 2011 amendment, provided a mechanism to treat “ordinary borrowings” as “asset sales”. LBHI used SFAS 140 to justify Repo 105 and Repo 108 transactions to engineer its balance sheet. The accounting treatment resulted in the publication of misleading quarterly and annual Financial Statements relied upon by external users to make investment decisions. In 2011 and 2012, the Southern District of New York issued opinions in the consolidated LBHI litigation. The finding that LBHI correctly applied the criteria of SFAS 140 to justify “borrowings” as “asset sales” under Repo 105 and Repo 108 is fundamentally flawed. During the period 2000 until 2008, Ernst & Young [E&Y] served as the outside auditor of LBHI. Legal principles governing the obligations of auditors support a finding that E&Y committed professional malpractice by issuing unqualified audit opinions knowing that LBHI failed to disclose its liabilities to repurchase transferred securities under Repo 105 and Repo 108 transactions. Economic analysis of non-contractual obligations [tort] supports a reformulation of the legal standard governing auditor liability to external users of audited financial statements containing materially misleading information. The reformulated standard allocates incentives to take precautions both to the audit firm and to the external user to achieve an efficient allocation of the cost of harm ensuing from defective information products. 2019-01-03T00:00:00Z http://dspace.epoka.edu.al/handle/1/1838 Gender Equality, Albanian National Mechanism Within the Framework of EU Legislation Hoxha, Elona Gender equality is a cornerstone in the process of Albania’s integration into the European Union. Although gender equality terminology was once considered impossible, progressive steps have now been taken to increase female involvement at the top of public office, decision-making, and local government. The continuous political changes of our country have created a huge legal gap over the role of women in society. Political and economic reforms after the 1990s aimed to create an equitable system of benefits between women and men, concerning their freedoms and personal rights. It is very important to emphasize that gender equality policies have an impact on improving the welfare of society by creating a parity that aims to flourish in a modern state. Reforming the legal framework on gender equality policies in Albania is a challenge, but its implementation is a considerable legal treasure trove for human rights. The same treatment of both genders will lead to the national restructuring of the monetary and human resources which will be governed by the treaties ratified by our state in creating a very good legal guide to the implementation of European standards. 2019-01-03T00:00:00Z http://dspace.epoka.edu.al/handle/1/1837 Polygraph Tests - Benefits and Challenges Rajan, Panthayil Babu This research describes the working, benefits and challengers of polygraph tests. Polygraph tests are lie-detecting devices that help ascertain individuals’ honesty based on physiological indicators. The heart rate/blood pressure, respiration, and skin responses are the three indicators measured in the test to assess honest/deceitful behavior. The underlying assumption behind the working of polygraph tests is that the autonomic responses of dishonest individuals are distinctively different from those of honest people because the liars will be more nervous than truth tellers. Control Question Test (CQT), Guilty Knowledge Test (GKT) or Concealed Information Test (CIT) and Neuroscience-Based Advanced Polygraph Tests are the important types of polygraph tests used today. Polygraph tests are used to detect truthfulness of individuals in such important fields as crime investigation departments, national security agencies, and business and industry. However, accuracy of polygraph tests and ethical issues associated with the tests are highly debated. 2019-01-03T00:00:00Z http://dspace.epoka.edu.al/handle/1/1836 Sustainability of water use in agriculture. Southern European farmers participation and social impact. Miftari, Alda This paper aims to open a discussion in the scientific point of view and policy making processes on sustainability of water policies. The social and environmental impact on the Agriculture sector in Southern European countries (Greece, Italy, Portugal and Spain) will be investigated to analyse the adoption of measures taken by decision makers on water policies. The community assets of farmers will have an important role on the implementation of different strategies concerning agriculture water management. The paper will focus on the role of farmer’s participation as central actors of implementation in water policy. Furthermore, the social and the environmental aspects will be addressed. 2019-01-03T00:00:00Z