In 2007, Yates captained a commercial fishing boat in the Gulf of Mexico. A Florida Fish and Game Wildlife Commission officer deputized to assist the federal government spotted Yates’ boat and went aboard to conduct a safety inspection. The officer saw red grouper that appeared undersized under federal regulations, measured them and found six dozen to be too small. Yates, according to the jury, dumped the undersized fish into the sea and substituted others in their place—although 69 out of the 72 replacements were still undersized, according to the government. Unfortunately for Yates, the government didn’t see his conduct as a laughing matter and charged him with destruction of “tangible objects” in violation of the Sarbanes-Oxley Act. Yes, that Sarbanes-Oxley Act—the one designed to prevent accountants and senior corporate officers from fleecing Fortune 500 companies and deep-sixing the evidence. The government also charged Yates with violating a statute that actually does apply to his conduct. Yates was convicted of that crime, and he does not challenge that conviction. The case has been taken up by the US Supreme Court!
Posted on: Mon, 17 Nov 2014 20:15:12 +0000