This article discusses: (1) the post-Enron environment and the events that led up to the whirlwind passage of the Sarbanes-Oxley Act of 2002, (2) the legislative history for criminalizing a bill that originated in the House Financial Services Committee, and (3) a comparison between the increased criminal provisions and penalties under the Act with already existing legislation. It also analyzes how Congress closed loop-holes, flexed its muscles with respect to corporate practices, and the necessity of the new criminal laws.
Northern Illinois University Law Review
Tracey, Ann Marie and Fiorelli, Paul
"Nothing Concentrates the Mind Like the Prospect of a Hanging: The Criminalization of the Sarbanes-Oxley Act,"
Northern Illinois University Law Review: Vol. 25:
1, Article 2.
Available at: https://huskiecommons.lib.niu.edu/niulr/vol25/iss1/2
Ann Marie Tracey and Paul Fiorelli, Nothing Concentrates the Mind Like the Prospect of a Hanging: The Criminalization of the Sarbanes-Oxley Act, 25 N. Ill. U. L. Rev. 125 (2004).