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I don't think anyone is denying that a particular Act actually exists, but it is an entirely different question as to HOW the Act was circumvented. In other words, a willful attempt to destroy records for unlawful purposes, or gross incompetence, which may or may not be a severe criminal act.
I am not saying there are no penalties for failing to adhere to the Act. What I am saying is that the penalties differ depending upon degree of liability.
You might not be denying it... but some of the others actually were.