Supreme Court To Hear Case Of Sarbox-Sentenced Fisherman
The U.S. Supreme Court agreed to hear the case of John L. Yates, a commercial fisherman convicted of violating the Sarbanes-Oxley Act. In 2007, a Florida Fish & Wildlife officer in federal waters stopped Yates and said he found 72 undersized grouper. By the time they reached port for examination, three fish were missing and most of the fish examined measured the allowed 20 inches. Yates was sentenced to 30 days in jail followed by three years of supervised release for disposing of three red grouper.
Litigation Partner William Shepherd said while Congress often writes laws in broad terms, sometimes to avoid revisions as technology advances, it doesn't mean prosecutors can use them to go after any violation that falls within them.
“In criminal law, the tie always goes to the runner,” Mr. Shepherd said. “If it’s confusing, you don’t go to prison for it.”
Mr. Shepherd was also quoted on this topic in articles for several other publications: