I disagree in this case. The Court was not being activist, but was textually analyzing the statute. This statute was enacted as part of Sarbanes-Oxley and was intended to stop persons under investigation from shredding documents. It was never intended to be a general incrimination under federal law of all spoliation of evidence, certainly not throwing fish overboard.
“Whoever 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, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.”