First of all, SOX should not apply to a situation like this; it’s absurd.
Second, it should be a civil matter, not a criminal one.
This is a case where Thomas and Scalia got off track from their usual contextual interpretation of the law.
As an aside, “Alice in Wonderland” has been cited in more that a couple of USSC decisions. Such a citation would have been appropriate in this decision.
The whole thing is absurd if you ask me. A guy can’t catch some small fish and throw them back in the water without ending up in the Supreme Court of the United States, Where one of the Justices bases her opinion on Dr. Seuss?