Tossing Fish Is Junking Docs? Justices Take Odd SOX Case

Law360, New York (April 28, 2014, 5:22 PM EDT) -- The U.S. Supreme Court on Monday agreed to hear a Florida commercial fisherman's appeal of a records destruction conviction for dumping three undersized red grouper, a quirky case that could change the way judges interpret undefined statutory language.

John L. Yates was found guilty of the so-called anti-shredding provision of the Sarbanes-Oxley Act, which was passed in the wake of the Enron scandal in 2002. The law criminalizes the destruction of records, be they documents or tangible objects — which the Eleventh Circuit said includes fish.

The justices will consider whether Sarbanes-Oxley can cover anything meeting the dictionary definition of the...

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