1. Is Leon protected under the SOX Act even if there is no evidence he actually had information about unlawful IDX activities?

2.Could Leon be in violation of the SOX Act document destruction rules for deleting files?

Leon was the director of medical information at IDX systems. After IDX began an investigation of Leon’s activities, it required him to turn over his company-issued laptop computer. When he refused, IDX ter-minated Leon and required him to return his laptop computer. After initial resistance, Leon turned over his laptop. A forensic examination of the laptop showed that files were deleted and that a user had deployed special software in an attempt to “write-over” and hide documents. Leon eventually filed suit claiming that IDX terminated him in violation of the whistle-blower provision of the SOX Act and that his termination was based on the fact he had evidence on his laptop about IDX improprieties.