You are 100% correct. Just because mistakes are tier 1 violations doesn't amount to fraud since an independent auditor signed off on them you'd have to prove the auditor acted in fraud too. Good luck with that lol
The independent auditor signing off makes the allegation of fraud, which only exists on messages boards, very tough to proof and no SOX changes that. It would have to be proven that the auditor did fraud as well with non cash accounting method mistakes on media credits?