Abstract
The Sarbanes-Oxley Act provides that, in a litigated proceeding brought by the SEC or in a cease-and-desist proceeding before the SEC, a securities law violator who is found to be "unfit" may be barred from serving as an officer or director of a public company. This Article sets out a roadmap for determining when a violator is "unfit." Drawing on related areas of the law, and utilizing the Federal Sentencing Guidelines as a framework, the Article sets out a nine-factor test for determining "unfitness," and discusses the due process issues surrounding the "unfitness" inquiry.
How to Cite
47 Ariz. L. Rev. 9 (2005)
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