November 2, 2014 — Look up the definition of "fisherman" and John Yates' wrinkled, weather-beaten, Winston-puffing mug might appear. But these days, he's limited to restoring antique furniture and dealing in scrap metal.
Now look up the Sarbanes-Oxley Act of 2002, and you'll find the federal government's Enron-inspired crackdown on financial fraud and document shredding.
But three years ago, the act reeled in Yates for tossing 72 undersized red grouper into the Gulf of Mexico.
On Wednesday, the Supreme Court will examine the curious case of Yates v. United States, which asks the question: Was it the government that went overboard?
"It's obvious that a fish is not a document," says Yates, 62, over a lunch of grouper bites and Budweisers on the Gulf coast, which has been his home for the past 15 years. "You don't have to be that smart to figure that out."
Does the nation's highest court have bigger things to fret about than six-dozen 19-inch fish? Certainly.
But the justices agreed to hear Yates' appeal, even after two lower federal courts determined that his prosecution under a law targeting white-collar criminals was justified. It mirrors a similar case last year, in which the government prosecuted a jilted wife's clumsy effort at revenge under a federal chemical weapons treaty. The court reversed that one, 9-0.
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