For eight years in the 1990s, Attorney Charles Ware hosted the extremely popular legal advice radio program "The Lawyer's Mailbox"; the Number One (#1)legal advice radio program in the Mid-Atlantic Region,on WEAA - 88.9 FM, Morgan State University Radio in Baltimore, Maryland.
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Tuesday, November 25, 2014

SARBANES-OXLEY GOES FISHING ABOARD "MISS KATIE" FOR RED GROUPER: MARYLAND "BEST 10" ATTORNEY REPORT

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SCOTUS (Supreme Court of the United States), on November 5th, 2014, heard oral arguments in the case of John L. Yates, Petitioner v. United States of America, Respondent, concerning the federal prosecution of a Florida fisherman (John L. Yates) for allegedly violating the Sarbanes-Oxley Act of 2002 for throwing 3 statutorily-undersized red grouper fish back into the Gulf of Mexico.
Yates was convicted below of violating the Act, a federal law-aimed at white-collar crime. The Act imposes a maximum sentence of 20 years for the destruction of "any record, document, or tangible object" in order to obstruct an investigation.
This interesting case arose from a 2007 law enforcement search of a fishing boat ("Miss Katie") owned by Mr. Yates. A Florida wildlife field officer, John Jones, boarded the boat at sea and observed fish that seemed less than the authorized 20 inches long, which was under the minimum legal size of red grouper at the time.
Officer Jones and a federal deputy measured the fish and placed the 72 he deemed too small in a crate. He then issued a citation to Mr. Yates and instructed Mr. Yates to take the crate directly to port for seizure.
Mr. Yates, though, threw the fish overboard after the officers left the scene and he had his crew replace them with larger ones. A second inspection by the officers in port, however, found only 69 (instead of 72) undersized fish and aroused immediate suspicion. A crew member of the "Miss Katie" eventually informed law enforcement officers what had happened.
The three missing fish were considered part of the violation of the Sarbanes-Oxley Act.
www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.

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