Supreme Court will hear oral arguments on November 5, 2014 to determine whether § 1519 which was enacted as part of the Sarbanes-Oxley Act, was only meant to apply to documents and objects used for recording, documentary, or informative purposes.
Petitioner was fined while at sea for catching prohibited undersized
fish in the Gulf of Mexico. Petitioner was ordered to bring the
undersized fish back to port with him, but he disposed of those fish
while at sea. Upon his return to port, he was charged and convicted of
violating of 18 USC § 1519 for destroying or concealing any tangible
object, and USC § 2232(a) for knowingly disposing of undersize fish. The
Eleventh Circuit affirmed Petitioner's conviction, and held that the
trial court correctly interpreted § 1519, which made it a criminal
offense to knowingly alter, destroy, or conceal any record, document, or
tangible object with the intent to impede an investigation or
administrative matter. The Supreme Court granted certiorari to answer
the question of whether the Eleventh Circuit interpreted § 1519
It must be criminal law day as Yates is followed by the Johnson case which addresses whether possession of a shotgun is a violent felony under the Armed Career Criminal Act.