The legislative record shows that Section 1519 was meant to serve in the particular context of corporate financial fraud. In this case, the Supreme Court will have to determine the scope of a “tangible object.” In turn, this will determine the scope of Section 1519. The phrase either derives it’s meaning from a linguistic or statutory context. If the phrase depends on context, as it should, the Supreme Court will examine the surrounding terms and undoubtedly overturn Yates’ conviction because fish are not items for record keeping. Words are not independent; they derive their significance only from the context in which they exist. While John Yates may be liable for catching undersized fish, prosecuting him for Section 1519 of the Sarbanes-Oxley Act completely oversteps the purpose of the provision. Congress’ intention was not to create a new, all encompassing provision. Yet, this is what would result from even the most rudimentary application of the Court of Appeals for the Eleventh Circuit’s
The legislative record shows that Section 1519 was meant to serve in the particular context of corporate financial fraud. In this case, the Supreme Court will have to determine the scope of a “tangible object.” In turn, this will determine the scope of Section 1519. The phrase either derives it’s meaning from a linguistic or statutory context. If the phrase depends on context, as it should, the Supreme Court will examine the surrounding terms and undoubtedly overturn Yates’ conviction because fish are not items for record keeping. Words are not independent; they derive their significance only from the context in which they exist. While John Yates may be liable for catching undersized fish, prosecuting him for Section 1519 of the Sarbanes-Oxley Act completely oversteps the purpose of the provision. Congress’ intention was not to create a new, all encompassing provision. Yet, this is what would result from even the most rudimentary application of the Court of Appeals for the Eleventh Circuit’s