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Monday, June 28, 2010
Sarbanes-Oxley Convictions in Danger?
Now that the Supreme Court has ruled unconstitutional Sarbanes-Oxley Act provisions regarding the Public Company Accounting Oversight Board (in its decision in Free Enterprise Foundation v. PCAOB), what about criminal convictions and civil judgments arising from the Board's rules? If the Board itself is unconstitutional, wouldn't any actions, regulations or judgments made by the Board be rendered invalid? What about judgments, criminal charges and civil penalties based on the same? Could those judgments and convictions now be attacked? I would think so.