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Snow Calls For Balance In Enforcement Of Sarbanes-Oxley
by Glen Shapiro, LawAndTax-News.com, New York

21 December 2004

Speaking last week, US Treasury Secretary, John Snow called for "balance" in the way that the Sarbanes-Oxley corporate governance legislation is enforced by regulators.

Mr Snow suggested that many within the US business community feel that the enforcement of the act by regulatory bodies such as the SEC, and by prosecutors, is unfair. He also warned against the criminalisation of innocent mistakes.

"We have to have balance in the administration of those rules. There is a perception that - on the part of business leaders - the system today is not in as good balance as it should be. It's a subject, I think, the SEC (Securities and Exchange Commission), the new Attorney General, the regulators need to think about," he announced, continuing:

"Fraud needs to be dealt with. Violations of fiduciary duty need to be dealt with. At the same time, we don't want to criminalise mistakes."

Meanwhile, it also emerged last week that the SEC will be conducting an examination of the corporate governance legislation's impact on small businesses in the United States since its introduction in 2002.

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