(Sarbanes Oxley Act) Analyze the following scenarios and determine which Title o
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Question
(Sarbanes Oxley Act)
Analyze the following scenarios and determine which Title of the Sarbanes Oxley Act is applicable and explain the correct application of the law.
1. Whether or not there is criminal liability for destruction of document with the intent to impede criminal investigation.
2. Whether or not a public corporation can make loans to managers and executives.
3. Whether or not a person who conspires with other to engage in fraudulent activities will receive the same punishment as those who actually engage in the fraudulent activity.
(Discuss each as the scenario applies to the Sarbanes Oxley Act)
Explanation / Answer
Answer 1:-
Yes, this entails criminal penalty punishable with a fine or imprisonment of upto 20years or both[18 U. S Code §1519]
ANSWER 2:-
Section 402 of Sox makes it unlawful for a public traded company to given loans to its managers and executives. Hence this is prohibited.
ANSWER 3:-
Section 802 of Sox Act provides that any person who conspires with other to engage in fraudulent activities will receive the same punishment as those who actually engage in fraudulent activity.
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