SOX Section 304 Enforcement At The SEC’s Whim?

Law360, New York (February 20, 2015, 11:17 AM EST) -- On Feb. 10, 2015, the U.S. Securities and Exchange Commission announced settlements with two former chief financial officers of Saba Software, a Silicon Valley software company, that require the CFOs to repay Saba more than $500,000 in bonuses and profits from stock sales earned subsequent to Saba’s false filings. Notably, the SEC did not allege that either former officer violated the federal securities laws in any fashion, nor was there evidence of either officer’s knowledge of, or complicity in, the underlying conduct that prompted the company to settle accounting fraud charges lodged against it by the SEC in September 2014. See...

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