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U.S. SENATOR PATRICK
LEAHY
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CONTACT: Office of Senator
Leahy, 202-224-4242 |
VERMONT |
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CORPORATE FRAUD AND CRIMINAL ACCOUNTABILITY ACT
PUNISHING CRIMINALS
/ Creates New 10 Year Securities Fraud Felony:
Currently prosecutors are forced to use criminal laws either not
specifically written for securities fraud or overly technical and with
weaker penalties. Creates a new crime for any "scheme or
artifice" to defraud shareholders.
/ Enhances Fraud and Obstruction of Justice Sentences:
Directs U.S. Sentencing Commission to raise penalties in
obstruction of justice cases where evidence is destroyed and in fraud
cases where there are many victims or where any victim is financially
devastated.
/ Empowers State A.G.’s and SEC to Enforce Racketeering
Law: Gives State A.G.’s and the SEC, who are on the front
lines in fighting fraud, a powerful new weapon by empowering them to
bring civil RICO cases with triple damages.
PRESERVING EVIDENCE OF
FRAUD
/ Establishes New Felony Anti-Shredding Provision:
Creates new 5 year crime to close loopholes in current obstruction of
justice offenses. The destruction of evidence to obstruct an
investigation is made illegal whether or not shredding occurs when
records are under subpoena.
/ Encourages Witnesses to Report Fraud to Authorities:
Protects corporate employees who blow the whistle on fraud. As shown
by the Enron case, these insiders are often the only witnesses that
can prove what the criminals knew and when they knew it.
/ Preserves Audit Documents for 5 Years: Sets a
clear requirement to preserve financial audit documents for five years
(the statute of limitations for most federal crimes) and creates a new
5 year felony for intentionally destroying such documents.
PROTECTING VICTIMS
/ Creates New Protections for Corporate Whistleblowers:
Gives corporate whistle blowers an effective remedy in federal court
if they are retaliated against, freeing them from dependence on a
patchwork of state laws.
/ Lengthens Statute of Limitations In Fraud Cases: Ends
current system that rewards fraud artists who can conceal their crimes
for three years. Follows advice of recent SEC chairmen from both
parties (Breeden and Levitt) to give victims 5 years to bring their
fraud cases.
/ Allows Fraud Victims to Recover in Bankruptcy:
Prevents securities law violators from using bankruptcy to shield
debts based on fraud judgments and settlements from their victims. |
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