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NACDL News: Supreme Court Will Examine Use of Post-Enron Law in Prosecution of Fisherman
By Ivan J. Dominguez and Isaac Kramer
NACDL News columns.
A case highlighting the dangerous consequences stemming from the unconstitutional executive expansion of the federal law will be heard by the U.S. Supreme Court. On April 28, 2014, the Court granted the petition for writ of certiorari in Yates v. United States, a case in which the government used a post-Enron, anti-shredding statute to prosecute a fisherman for the disappearance of three fish from his shipping vessel.
NACDL has a long history of opposing the type of inappropriate prosecutorial overreach evident in this case. In the amicus brief NACDL filed supporting certiorari in Yates, it argued that prosecution in this case is a clear example of unconstitutional executive expansion of the federal law. NACDL’s amicus further shows how this kind of overcriminalization leads to ludicrous federal convictions for offenses that would be much better addressed through civil means. This very same issue is currently being examined by the House Judiciary Committee’s Task Force on
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