Comment Re:Overreach... (Score 1) 251
Everyone knows this is an overreach by the prosecutor and an abuse of the very intent of the law. All the Judges need to do is read up on the history of what lead to it's creation to understand that it was developed purely as a way to ensure that publicly traded corporations weren't reporting fictional financial statements. There is no way that this should have EVER reached the Supreme court, let alone this fisherman being convicted under this law. But, of course, we now have a legal system that prizes conviction over justice.
I also love the argument for why this conviction should be upheld. "The government replies that the "records only" argument would make it a crime for a murderer to destroy his victim's diary, but not the murder weapon." Um... The destruction of evidence to cover up a crime is already against the law (Tampering, Obstruction, etc.). Saying that the Sarbanes-Oxley law is needed for this is just plain silly..... I guess it's a good thing that I am not a Supreme court justice. If I were I would have laughed my head off at the pure stupidity...
FYI: I am not a lawyer, nor do I play one on TV... The above are my personal opinions...
IMO, the guy got lucky. If he was in state waters, then that could have been his boat. 379.337(a):
(a)Property used in connection with a violation resulting in a conviction for the illegal taking, or attempted taking, sale, possession, or transportation of saltwater products is subject to seizure and forfeiture as part of the commission’s efforts to protect the state’s marine life. Saltwater products and seines, nets, boats, motors, other fishing devices or equipment, and vehicles or other means of transportation used or attempted to be used in connection with, as an instrumentality of, or in aiding and abetting such illegal taking or attempted taking are hereby declared to be nuisances.
I'm not sure how that statue would apply to federal waters or if he was caught after bringing the fish into state waters.