Fish are not tangible objects
WebFeb 25, 2015 · As the plurality must acknowledge, the ordinary meaning of “tangible object” is “a discrete thing that possesses physical form.” A fish is, of course, a discrete thing … WebMar 1, 2015 · Ginsburg, Roberts, Breyer, and Sotomayor ruled that fish are not "tangible objects" under Sarbanes-Oxley. Alito concurred on more narrow grounds. Kagan, Scalia, Kennedy, and Thomas dissented. Though the case evoked its share of fishy humor, the ruling has broader implications, most immediately regarding prosecutorial overreach.
Fish are not tangible objects
Did you know?
WebNov 23, 2014 · The Eleventh Circuit disagreed, holding that “tangible object” should be given its “ordinary or natural meaning.”[10] “Tangible object” can be plainly defined … WebFeb 26, 2015 · In short, the dissent had great difficulty with the concept that a fish was not a tangible object and suggested that the plurality was concerned with the broad sweep …
WebApr 8, 2015 · Yates appealed his conviction, arguing that fish are not “tangible objects” as that term is used in section 1519. The Eleventh Circuit rejected that argument and … http://ilj.law.indiana.edu/articles/Garvin_Intagible-Fish-and-the-Gulf-of-Understanding.pdf#:~:text=Is%20a%20fish%20a%20tangible%20object%3F%20The%20answer,to%20accommodate%20ideological%2C%20normative%20choices%20in%20deciding%20cases.
WebFeb 25, 2015 · Yates’s appeal contended that fish did not count as a “record, document, or tangible object,” because Congress intended Sarbanes-Oxley to cover only objects … WebFeb 26, 2015 · The fisherman, John L. Yates, was convicted of violating the Sarbanes-Oxley Act of 2002, which imposes a maximum sentence of 20 years for the destruction of “any record, document or tangible object” in order to obstruct an investigation.
WebMar 4, 2015 · "An Emblem of a Deeper Pathology in the Criminal Code": Thoughts on the Supreme Court's Ruling that, Sometimes, Fish Aren't Tangible Objects. The Supreme Court's decision in Yates is just one more ...
WebFeb 25, 2015 · Yates made a motion for judgment of acquittal, arguing that the fish did not qualify as a “tangible object” under the statute. However, the district court denied the motion, and he was found guilty of violating § 1519. Yates appealed, and the Eleventh Circuit affirmed the conviction. cubist butter dishWebFeb 25, 2015 · United States, No. 13-7451, holding that fish are not “tangible objects” within the meaning of 18 U. S. C. §1519, a federal law providing that a person who … east dining commonsWebFeb 26, 2015 · A fish is NOT a “tangible object” under 18 USC §1519. February 26, 2015 by miketcon, posted in Fisheries - Case Law, ... “A tangible object captured by §1519, we hold, must be one used to record or preserve information.” Justice Alito filed a separate opinion concurring in the judgment – albeit on narrower grounds. ... cubist artists sought for natural formscubist fernand crosswordWebApr 30, 2014 · A crate of fish is not a typical document or record, because it encodes information directly in the physical arrangement of fish rather than symbolically, but direct representation of information is normal for tangible objects, so that abnormality must be within what the "or tangible object" phrase is intended to ignore. J. W. Brewer said, east dionWebFeb 25, 2015 · The question for the court: Do fish meet the law’s definition of “any record, document or tangible object?” No, the majority said, in a 5-4 opinion written by Justice Ruth Bader Ginsburg. eastdil secured san francisco officeWebFeb 26, 2015 · Although convicted on other counts (not challenged), the issue reaching the Supreme Court was whether this destruction of evidence was encompassed within … cubist circle weymouth mass