High Court SOX Fish Ruling Cuts Hole In Prosecutors’ Net

Overview


Eugene Goldman analyzed the Supreme Court’s reversal of a non-corporate conviction made by the government under the Sarbanes-Oxley Act’s Section 1519.The Act was passed to address such corporate abuses as the destruction of records, Mr. Goldman said, and the Court’s “message is before you imprison someone for 20 years by applying the statute against a destroyer of fish rather than corporate records, the language of the prohibition must be clear to cover that conduct.” Mr. Goldman added that this should make the Justice Department “rethink making charging decisions under Section 1519 in evidence destruction cases outside the corporate context.”