Question
John Yates, a commercial fisherman, caught undersizedred grouper in federal waters in the Gulf of Mexico. Toprevent federal authorities from confirming that he hadharvested undersized
John Yates, a commercial fisherman, caught undersizedred grouper in federal waters in the Gulf of Mexico. Toprevent federal authorities from confirming that he hadharvested undersized fish, Yates ordered a crew memberto toss the suspect fish into the sea. Yates was chargedwith, and convicted of, violating 18 U.S.C. 1519,"Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in anyrecord, document, or tangible object with the intent toimpede, obstruct, or influence the investigation... orany case filed... or in relation to or contemplation ofany such matter or case, shall be fined under this title,imprisoned not more than 20 years, or both."Mr. Yates says that the statute applies to financialrecords and not fish. The statute was passed after Enroncollapsed and its financial records and audit papers hadbeen shredded to deter such actions by businesses.Who decides whether the law applies to hurling fishoverboard? What should the court decide?
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