To the best of my knowledge, it is only a crime to destroy documents that
are relative to a specific case. Under this scenario, once the hold
notification has been received, no destruction of case documents can
occur .  If you are following an approved, documented schedule, PRIOR to
any notification, the destruction is perfectly legal.




Colin Martin
Director, Corporate Records
Phoenix
31 Tech Valley Dr
East Greenbush, NY 12061
Phone: (518) 479-8102
Fax:      (518) 479-8012
Email: [log in to unmask]





                                                                                                            
  From:       Lorinda Kasten-Lowerre <[log in to unmask]>                                 
                                                                                                            
  To:         [log in to unmask]                                                                       
                                                                                                            
  Date:       07/27/2010 12:40 PM                                                                           
                                                                                                            
  Subject:    SoX Says Crime to Destroy?                                                                    
                                                                                                            
  Sent by:    Records Management Program <[log in to unmask]>                                          
                                                                                                            





Hi,
I haven't posted in a while.  So, I'm still Lorinda Kasten-Lowerre, Records
Management Analyst, Senior at American Honda Motor Co., Inc.

From the Associated Press article on CIA tapes as reported on FoxNews.com:
"As that investigation appears to be nearing a conclusion, prosecutors have
focused on a little-used section of the 2002 Sarbanes-Oxley law intended to
prevent future Enron accounting scandals. The law makes it a crime to
destroy documents, even if no court has said they must be kept and no
investigators are looking for them."

What?  What documents?  Does anyone have a better citation than "a
little-used section of ...Sarbanes-Oxley"?  An urban myth, I hope.

Although I am associated with Honda, these are my own views and not those
of Honda.

Thanks,

Lorinda Kasten-Lowerre
Records Management Analyst, Senior
American Honda Motor Co., Inc.
Torrance, California, USA
Member - The Orange County Chapter of ARMA International
[log in to unmask]
<Check out Orange County California ARMA's website at ocarma.org
Larry Medina - "RM makes the rules; IT provides the tools".

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