☰ In this section

The Champion

May 2014 , Page 10 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

NACDL News: Supreme Court Will Examine Use of Post-Enron Law in Prosecution of Fisherman

By Ivan J. Dominguez and Isaac Kramer

Read more 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

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.
Advertisement Advertise with Us

In This Section

Advertisement Advertise with Us