Evidence, SCOTUS, Fishing Industry

Court Decides Sarbanes-Oxley Is Intended for a Different Kettle of Fish The Fish Tale and the U.S. Supreme Court: Part II

Holland & Knight LLP on 3/31/2015

By a surprisingly narrow margin, the U.S. Supreme Court recently spared future fishermen from facing up to 20 years in prison for destroying their catch. The case, Yates v. United States of America, involved the curious tale...more

A Colorful Supreme Court Case Revives the Rule of Lenity

Carlton Fields on 3/27/2015

Last month, the Supreme Court’s decision in Yates v. United States provided much fodder for pun-filled headlines about fishing. The case involved the government’s attempt to stretch the Sarbanes-Oxley Act, which originally...more

Supreme Court Limits Scope of SOX Anti-Shredding Provision

Katten Muchin Rosenman LLP on 3/11/2015

The US Supreme Court recently reversed the conviction of a commercial fisherman, John L. Yates, accused of violating 18 U.S.C. § 1519, also known as the anti-shredding provision of the Sarbanes-Oxley Act (SOX), holding that...more

Yates v. United States: Supreme Court Reins in Sarbanes-Oxley Act’s “Anti-Shredding” Provision

Blank Rome LLP on 3/6/2015

Action Item: The Supreme Court’s decision in Yates v. United States will significantly impact how in-house counsel, outside counsel, and compliance officers alike should advise their clients with respect to evidence...more

SOX, the Destruction of Evidence And Dr. Seuss: Is a Fish A Tangible Object?

Dorsey & Whitney LLP on 3/5/2015

Section 1519 was passed as part of the Sarbanes-Oxley Act in the wake of Enron’s massive accounting fraud. The section was designed to fill a gap in the law by preventing corporate document-shredding to conceal evidence of...more

Supreme Court Decides Yates v. United States

Faegre Drinker Biddle & Reath LLP on 2/26/2015

On February 25, 2015, the U.S. Supreme Court decided Yates v. United States, No. 13-7451, holding that fish are not “tangible objects” within the meaning of 18 U. S. C. §1519, a federal law providing that a person who...more

Supreme Court Interprets Sarbanes-Oxley Evidence Destruction Provisions

Stinson - Corporate & Securities Law Blog on 2/26/2015

We now know that Sarbanes-Oxley does not apply to fish . . . While conducting an offshore inspection of a commercial fishing vessel in the Gulf of Mexico, a federal agent found that the ship’s catch contained...more

The Fish Tale and the Supreme Court: How Applying Sarbanes-Oxley to Missing Grouper Has Raised Questions of Overcriminalization

Holland & Knight LLP on 11/14/2014

The Issues - On November 5, 2014, the Supreme Court heard arguments in Yates v. United States of America. In layman's terms, the issue is whether an Enron-era antishredding provision of the Sarbanes-Oxley Act was...more

Evidence › Supreme Court of the United States › Fishing Industry

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