Sarbanes-Oxley Act section 802: destruction, alteration or falsification of records in federal investigations and bankruptcy
In force since .
A sector security regimes rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition
As of .
What it requires
- It reaches you if you are any person (the text says "whoever"), not only an issuer or its auditor: any record, document or tangible object is covered when the conduct is in relation to or in contemplation of a matter within the jurisdiction of any department or agency of the United States, or of a case filed under title 11.
- Do not knowingly alter, destroy, mutilate, conceal, cover up, falsify, or make a false entry in a record, document or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of such a matter or case, or in relation to or in contemplation of one.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 1519 provides for a fine under title 18, imprisonment of not more than 20 years, or both.
What this law does
Section 1519 makes it an offense for whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11.
The offense also reaches the same conduct done in relation to or contemplation of any such matter or case. The section reaches whoever commits the conduct and is not limited to an issuer or to an issuer's records. A person who commits the offense is fined under title 18, imprisoned not more than 20 years, or both. Section 1519 was added to title 18 by section 802(a) of the Sarbanes-Oxley Act, enacted .
When LexLint raises it
When your app profile says your app is a listed company.