Tuesday, November 25, 2014

SARBANES-OXLEY GOES FISHING ABOARD "MISS KATIE" FOR RED GROUPER: MARYLAND "BEST 10" ATTORNEY REPORT

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SCOTUS (Supreme Court of the United States), on November 5th, 2014, heard oral arguments in the case of John L. Yates, Petitioner v. United States of America, Respondent, concerning the federal prosecution of a Florida fisherman (John L. Yates) for allegedly violating the Sarbanes-Oxley Act of 2002 for throwing 3 statutorily-undersized red grouper fish back into the Gulf of Mexico.
Yates was convicted below of violating the Act, a federal law-aimed at white-collar crime. The Act imposes a maximum sentence of 20 years for the destruction of "any record, document, or tangible object" in order to obstruct an investigation.
This interesting case arose from a 2007 law enforcement search of a fishing boat ("Miss Katie") owned by Mr. Yates. A Florida wildlife field officer, John Jones, boarded the boat at sea and observed fish that seemed less than the authorized 20 inches long, which was under the minimum legal size of red grouper at the time.
Officer Jones and a federal deputy measured the fish and placed the 72 he deemed too small in a crate. He then issued a citation to Mr. Yates and instructed Mr. Yates to take the crate directly to port for seizure.
Mr. Yates, though, threw the fish overboard after the officers left the scene and he had his crew replace them with larger ones. A second inspection by the officers in port, however, found only 69 (instead of 72) undersized fish and aroused immediate suspicion. A crew member of the "Miss Katie" eventually informed law enforcement officers what had happened.
The three missing fish were considered part of the violation of the Sarbanes-Oxley Act.
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