Richard C. Breedenis a former Chairman of the U.S. Securities and Exchange Commission, hedge fund manager, and corporate chairman... (wikipedia)
But the Commission itself would be able to waive that, and in this kind of a situation, might well provide some kind of a relief.
The rules would quite possibly prevent their consent to an audit from qualifying if they have a criminal issue.
These situations demand immediate action. Customers can't wait and accept promises that things will be sorted out in days or weeks or months.
Character and law-enforcement issues involving the CEO of a financial-services firm will almost always prove fatal.