QUESTION 1: In the wake of the criminal charges filed against Enron's corporate officers, Congress passed the Sarbanes-Oxley Act of 2002. Known as the "anti-shredding provision" of the Act, 18 U.S.C. 1519 makes it a crime for anyone who "knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object' with the intent to impede or obstruct an investigation. 18 U.S.C. 1519 (emphasis supplied). John L. Yates, a commercial fisherman, was charged and convicted under this anti-shredding criminal statute for destroying purportedly undersized, harvested fish from the Gulf of Mexico after a federally-deputized officer had issued him a civil citation and instructed him to bring them back to port. This petition presents the important question of whether the reach of section 1519 extends to the construction of anything meeting the dictionary definition of "tangible objects," or instead is limited to the destruction of tangible objecConsideration Limited:
LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.