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Mike Oxley, Congressman who co-wrote anti-fraud law, dies at 71

Mike Oxley (February 11, 1944-January 1, 2016)

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Bloomberg
Last Updated : Jan 02 2016 | 9:18 PM IST
Mike Oxley, the former US congressman who co-sponsored the landmark Sarbanes-Oxley Act requiring corporate executives to vouch for company financials in the wake of the Enron and WorldCom accounting scandals, has died. He was 71.

He died on January 1 in McLean, Virginia, the Associated Press reported, citing his wife, Patricia Oxley. The cause was non-small cell lung cancer, which can afflict non-smokers.

The Ohio Republican served 12 terms in the House of Representatives, retiring in 2007. The Sarbanes-Oxley legislation took aim at the corporate fraud that toppled energy firm Enron Corp and telecom provider WorldCom Inc, among others, and sought to protect investors from further governance abuses.

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"Investor confidence is almost an oxymoron these days," Oxley said on July 24, 2002, the day the bill he co-sponsored with Democratic US Senator Paul Sarbanes of Maryland was cleared by congressional negotiators. He promised that the law would "make corporate executives who break the law and betray the public trust pay severely."

Sarbanes-Oxley, sometimes referred to as SOX, came after a whistleblower in 2001 revealed that Enron kept large debts off its balance sheets and after WorldCom, in 2002, inflated revenue and misrepresented expenses. Shares of Enron lost $68 billion in market value from their 2000 peak until the Houston-based company's December 2001 bankruptcy, while investors of Clinton, Mississippi-based WorldCom saw about $180 billion wiped out. Tens of thousands of jobs and retirement savings were also lost. President George W Bush signed the legislation in July 2002.

Regulatory controls

Sections of the law require officials to certify that financial statements are true and fair, report on the adequacy of internal controls and give timely disclosure on material changes. The legislation also imposes criminal penalties for destroying, concealing or falsifying records and created the Public Company Accounting Oversight Board, subjecting auditors of public companies to independent oversight for the first time.

Part of the law was struck down in 2010 when the US Supreme Court ruled 5-4 that the board violated the Constitution's separation of power provisions because it didn't give the president enough say over its members. While the PCAOB was left intact, the ruling meant that the US Securities and Exchange Commission would have unfettered authority to fire members.

"He exuded fairness, integrity, compassion and service to others," Laurie Fenton Ambrose, president and chief executive officer of the Washington-based Lung Cancer Alliance, where Oxley served as board chairman, said in an online statement.

Ohio background

Michael Garver Oxley was born on February 11, 1944, in Findlay, Ohio. In 1966, he received a bachelor of arts degree from Miami University, in Oxford, Ohio, and three years later earned a law degree from Ohio State University, in Columbus, according to Oxley's official House biography. After graduating, he joined the Federal Bureau of Investigation where he worked until 1972. He then went into private practice.

Oxley became a member of Ohio's state house of representatives and served as a delegate to both state and national Republican conventions. In 1981, a special election chose him to fill the seat vacated by the death of Representative Tennyson Guyer. He held the seat for 25 years and, from 2001 to 2006, served as chairman of the House Committee on Financial Services. He left Congress in January 2007.

After leaving public office, he was a counsel at the BakerHostetler law firm in Washington, serving corporate-governance clients, and a senior adviser to the board of directors at Nasdaq OMX Group Inc.

He is survived by his wife and their son, Michael Chadd Oxley.

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First Published: Jan 02 2016 | 9:01 PM IST

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