Who decides whether the law applies to hurling fish overboard? What should the court decide?
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John Yates, a commercial fisherman, caught undersized red grouper in federal waters in the Gulf of Mexico. To prevent federal authorities from confirming that he had harvested undersized fish, Yates ordered a crew member to toss the suspect fish into the sea. Yates was charged with, and convicted of, violating 18 U.S.C. § 1519, Mr. Yates says that the statute applies to financial records and not fish. The statute was passed after Enron collapsed and its financial records and audit papers had been shredded to deter such actions by businesses. Who decides whether the law applies to hurling fish overboard? What should the court decide? |
Explanation
The 18 U.S.C. § 1519 deals with destruction,alteration or falsification of records in Federal investigations and bankruptcy.The supreme court used method of statutory interpretation by holding that the anti-shredding provision of the act applies only to records,documents or similar type of tangible objects used to record or preserve information.The court cut loose § 1519 from its financial fraud mooring to hold that it encompasses any and all objects whatever their size or significance ,destroyed with destructive intent.
Thus the court will find John not in breach of 18 U.S.C. § 1519 since his actions are not related to financial fraud.
References
United States. Congress. Senate. Committee on the Judiciary. (2002). The corporate and criminal fraud accountability Act of 2002: Report together with additional views (including cost estimate of the congressional budget office) (to accompany S. 2010).
Answer
The Supreme court determines statutory interpretation of laws.18 U.S.C. § 1519 was enacted to prevent resctruction of evidence in financial fraud.
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