Thursday, November 13, 2014

Something Fishy in Sarbanes-Oxley? Yates v. United States - Podcast

Federalist Society Practice Group Podcast featuring Todd F. Braunstein, Counsel, WilmerHale
"At issue in Yates v. United States is the 'anti-shredding' provision of the Sarbanes-Oxley Act which makes it a federal crime if one 'knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object' with the intent to impede or obstruct a federal criminal investigation. John Yates was criminally prosecuted because he allegedly destroyed three fish that were too small to be caught legally. According to Mr. Yates, his prosecution was improper because he could not have had fair notice that a fish would be considered a 'tangible object'."