Kent roberts backdating
“Obviously people do get wrongly charged, but it’s usually not because the government thinks they’re trying to do the right thing.” Some lawyers, Caldwell says, are overreacting to the SEC’s actions involving general counsel.
As general counsel for Enron’s finance group, Mintz asked in-house securities lawyers, as well as four outside law firms, how he should report the repurchase of a troubled Brazilian power plant from a partnership controlled by Enron’s chief financial officer. The SEC sued him in March 2007, alleging that he knew, or should have known, that the buyback was a sham transaction, designed to inflate company revenue reports shortly before Enron’s 2001 collapse. And, they say, the SEC’s actions are exactly what attorneys feared after the Sarbanes-Oxley Act became law.
“Most general counsel don’t have an accounting background, and very few of us have accountants in our legal division,” Mc Guckin says.