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ARTICLE · 17 MARCH 2015

SCOTUS Narrows SOX Obstruction Statute

The decision is important in the white-collar criminal space, however, because it reins in an expansive statute, albeit with some questions about applicability still lingering.

United StatesCriminal Law

In its recent ruling in Yates v. United States , the U.S. Supreme Court reversed a conviction under Sarbanes-Oxley's "anti-shredding" statute, holding that it covers documents, records and only "tangible objects" similar to them – and not, as in the case at hand, fish. The petitioner, a fisherman, faced a federal felony conviction for directing a crew member to throw undersized fish overboard after a government agent told the petitioner to preserve and segregate them until returning to port. Viewed by some as an imprudently zealous prosecution, the case fueled debate over overcriminalization (see, e.g., NACDL's amicus curiae brief and DealBook's article on narrowing white-collar criminal statutes) and invited prognostications on other high-profile cases under this statute, and others.

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