Re:The Worst Ideas of the Decade - Sarbanes-Oxley
by grellas on Monday December 21, 2009 @08:30PM
(#1009145)
Indeed, it is by design but this is a field in which it is easy to get blindsided for conduct that has never been regarded as culpable on the part of management by any historical (pre-S/O) standards.
Bottom line: for those who matter (i.e., those who build companies and make key decisions on whether to take them public), this is another serious disincentive to take a company public.
Now, one might argue that this is bad, or has unintented consequences. But it's not a surprise. It's the intended effect. If you lie (even, perhaps, unintentionally -- though I don't think there's been a test case of that yet) on your company's financial statements in the modern USA, you are a criminal.