About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2004-2005 Cato Sup. Ct. Rev. 187 (2004-2005)
The Significant Meaninglessness of Arthur Andersen LLP v. United States

handle is hein.journals/catoscrev4 and id is 201 raw text is: The Significant Meaninglessness of Arthur Andersen LLP v. United States John Hasnas* Although I hate to begin a serious article on an important Supreme Court case this way, the Court's recent decision in Arthur Andersen LLP v. United States' reminds me of nothing so much as the old Woody Allen line that [slex without love is an empty experience ... but as empty experiences go, it's one of the best.2 This is because, for all practical purposes, Andersen is a meaningless decision, but as meaningless decisions go, it's one of the most significant. The Supreme Court's reversal of Andersen's conviction cannot revive the now-defunct firm, and the obstruction of justice statute that the Court is interpreting3 has, in all ways relevant to Andersen's conviction, been superseded by the Sarbanes-Oxley Act of 2002.1 And yet, by interpreting the language of the statute to require con- sciousness of wrongdoing, the Court may be indicating an important change of direction in the way it deals with the federal law of white collar crime. If so, Andersen may turn out to be a very important meaningless decision. I. The Decision In 2001, Arthur Andersen provided accounting, auditing, and consulting services to Enron Corporation, Andersen's largest single *Associate Professor of Business, McDonough School of Business, Georgetown University; J.D. & Ph.D. in Philosophy, Duke University; LL.M in Legal Education, Temple University. The author wishes to thank Ann C. Tunstall of SciLucent, LLC, for her exceedingly helpful comments on a draft of this article and Annette Hasnas of the Montessori School of Northern Virginia for explaining how the apparently meaningless can carry great significance. 1125 S. Ct. 2129 (2005). 2Love and Death (Metro-Goldwyn-Mayer 1975). 318 U.S.C. § 1512(b). 'See 18 U.S.C. § 1519 (prohibiting the destruction, alteration, or falsification of records). 187

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most