Sarbanes-Oxley with an Unwelcome Twist

Lora Bentley

As if corporate America doesn't have enough reason to loathe the corporate accounting and reporting legislation that grew out of the Enron scandal, ABCmoney.co.uk gives them one more. The publication reports that a Greenwich attorney faces charges under Sarbanes-Oxley for destroying evidence related to a child pornography case.

 

The accused allegedly destroyed his then client's laptop after child pornography was found on it in 2002. Prosecutors are charging him under Sarbox provisions that prohibit document shredding and other destruction of evidence in the event that an investigation is foreseeable.

 

Law professors and defense attorneys say the indictment is "pushing the boundaries" in that it could force attorneys to choose between going to jail themselves or betraying their clients' trust by reporting potential evidence.

 

Who would've thought "unintended consequences" could reach as far as a child pornography case?



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