Sarbanes Oxley Act Section 805

 

SEC. 805. REVIEW OF FEDERAL SENTENCING GUIDELINES FOR
OBSTRUCTION OF JUSTICE AND EXTENSIVE CRIMINAL
FRAUD.
 
(a) ENHANCEMENT OF FRAUD AND OBSTRUCTION OF JUSTICE
SENTENCES.—Pursuant to section 994 of title 28, United States
Code, and in accordance with this section, the United States Sentencing
Commission shall review and amend, as appropriate, the
Federal Sentencing Guidelines and related policy statements to
ensure that—
 
(1) the base offense level and existing enhancements contained
in United States Sentencing Guideline 2J1.2 relating
to obstruction of justice are sufficient to deter and punish
that activity;
 
(2) the enhancements and specific offense characteristics
relating to obstruction of justice are adequate in cases where—
 
(A) the destruction, alteration, or fabrication of evidence
involves—
 
(i) a large amount of evidence, a large number
of participants, or is otherwise extensive;
 
(ii) the selection of evidence that is particularly
probative or essential to the investigation; or
 
(iii) more than minimal planning; or
 
(B) the offense involved abuse of a special skill or
a position of trust;
 
(3) the guideline offense levels and enhancements for violations
of section 1519 or 1520 of title 18, United States Code,
as added by this title, are sufficient to deter and punish that
activity;
 
(4) a specific offense characteristic enhancing sentencing
is provided under United States Sentencing Guideline 2B1.1
(as in effect on the date of enactment of this Act) for a fraud
offense that endangers the solvency or financial security of
a substantial number of victims; and
 
(5) the guidelines that apply to organizations in United
States Sentencing Guidelines, chapter 8, are sufficient to deter
and punish organizational criminal misconduct.
 
(b) EMERGENCY AUTHORITY AND DEADLINE FOR COMMISSION
ACTION.—The United States Sentencing Commission is requested
to promulgate the guidelines or amendments provided for under
this section as soon as practicable, and in any event not later
than 180 days after the date of enactment of this Act, in accordance
with the prcedures set forth in section 219(a) of the Sentencing
Reform Act of 1987, as though the authority under that Act had
not expired.

 

   

 

Sarbanes Oxley Compliance Professionals Association (SOXCPA)

Certified Sarbanes-Oxley Expert (CSOE) - Distance learning and online certification program