Stopping the shreddersBeneath SOX Section 802(a), it is a felony to “knowingly” destroy or make documents to “impede, obstruct or influence” any current or contemplated federal investigation. This can be a SOX section that impacts the criminal provisions on the law and therefore impacts all organizations, not just public suppliers. Auditors are essential to sustain “all audit or critique operate papers” for seven years from the date their report is issued.

Delivering whistle-blower protectionWhistle-blowers are personnel who report knowledge about corporate fraud or mismanagement. Beneath SOX, personnel of issuers and accounting firms are offered whistle-blower protection. These protections prohibit employers from taking specific actions against personnel who disclose knowledge to, amongst other individuals, parties within a judicial proceeding involving a fraud claim. Whistle-blowers are also granted a remedy of particular damages and attorney’s costs. (For even more on whistle-blowers, verify out the section “Protecting whistleblowers").