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Question
Gina is the executive secretary to the CEO of a large public corporation. One day her boss takes her into a back room containing numerous cardboard file boxes and three shredding machines, and he orders her to shred every document and file in the room. He then says, "We're under investigation by the SEC, and if they get their hands on anything in this room, we're ruined." She asks what is going on and is told that the company has been perpetrating frauds for years and needs to destroy all the evidence.
A. Since Sarbanes-Oxley does not have a whistle-blower provision, Gina has no recourse if she wants to keep her job.
B. Since Gina didn't actually participate in the frauds and since she is only following orders, she will have no liability.
C. Since the investigation is ongoing and no charges have been brought, shredding the documents is not a punishable offense yet.
D. Gina could be imprisoned for up to 20 years if she shreds the documents.
Answer
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