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How a Fisherman Got Charged With Violating a Law Intended to Apply to Businesses Shredding Documents
The Daily Signal ^ | Nov. 3, 2014 | Paul J. Larkin Jr.

Posted on 11/05/2014 9:07:33 AM PST by Twotone

John Yates may have dreamed that one day he would wind up on the cover of Florida Sport Fishing magazine.

Instead, he wound up in Florida Federal District Court and now in the Supreme Court of the United States, where he is the latest poster child for overcriminalization. His story would make for a good episode of “South Park” or “The Simpsons” but for one fact: It’s true.

(Excerpt) Read more at dailysignal.com ...


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: fisherman; sarbanesoxley
A place for our new senators to start sorting out the mess that's been made in W,D.C.
1 posted on 11/05/2014 9:07:33 AM PST by Twotone
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To: Twotone

Show me the man I’ll show you the crime.

Too many laws.

Government too big.

Government too powerful.

The government big enough to give everything is big enough to take everything from you.


2 posted on 11/05/2014 9:14:54 AM PST by Sequoyah101 (Obola brought to you by demorats. Hope you like your Change and live to tell it.ow pooh wash)
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To: Twotone

Guilty, no sympathy.


3 posted on 11/05/2014 9:15:07 AM PST by Usagi_yo (Criticize, marginalize, demonize, criminalize.)
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To: Twotone

It seems that Captain Yates wasn’t the only one who went on a fishing expedition.


4 posted on 11/05/2014 9:17:10 AM PST by Slings and Arrows ("Clappin' the Blues (remix)" [slightly NSFW] - http://youtu.be/p9d2iHSfRmE)
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To: Twotone

Another way of keeping the people down. Make unreasonable laws. Enforce them unreasonable and sporadically. Throw innocent people in jail. Let real criminals go.


5 posted on 11/05/2014 9:23:34 AM PST by I want the USA back (Media: completely irresponsible. Complicit in the destruction of this country.)
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To: I want the USA back

“Did you really think we want those laws observed?” said Dr. Ferris. “We want them to be broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against... We’re after power and we mean it... There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that’s the system, Mr. Reardon, that’s the game, and once you understand it, you’ll be much easier to deal with.”
- Ayn Rand, 1957 -


6 posted on 11/05/2014 9:28:23 AM PST by Slings and Arrows ("Clappin' the Blues (remix)" [slightly NSFW] - http://youtu.be/p9d2iHSfRmE)
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To: Twotone

Couple of points which may or may not have bearing:

A) Yates is a commercial fisherman, not a sports fisherman. Commercial fishermen are heavily regulated (steep fines - sometimes $250K, confiscation of boat and gear - more $100Ks, jail, felonies), while most fisheries for sport fishermen operate on the honor system (slap on wrist, warnings, small fines, misdemeanors).

B) Sports fisherman have long had it in for commercial fisherman not just in Fla, but nationwide. Sport fishermen generally regard fish as their ‘property,’ and could care less what the general public thinks or eats;

C) The Florida commercial fishery for line-caught bottom fish is a Federal fishery managed by the Feds, not the State;

D) Many Federal agents hate commercial fishermen and will go way out to find a violation;

E) Many of those same Feds are also sports fishermen.

Cases like this are caused by Federal management of the nations fisheries. Federal management has resulted in decimating the US commercial fishing industry (with huge capitol and job losses) and creating a subsequent decline in its contribution to the US Balance of Trade. Commercial fishing creates New Money, while sport fishing spreads around existing money - disposable income.

Cases like this are are aimed, no matter whether Yates did something underhanded or not, at sending a message to other commercial fishermen: we will put you out of business anyway we can.

Federal management of the nation’s commercial fisheries is a working example of Federal management of the nation’s healthcare system.


7 posted on 11/05/2014 9:47:41 AM PST by PIF (They came for me and mine ... now it is your turn ...)
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To: Usagi_yo

Not criminal? That’s surprising. I hate poachers. Wouldn’t of bothered me a bit to see his boat and gear confiscated.


8 posted on 11/05/2014 9:48:52 AM PST by Rick66
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To: All

“Did you really think that we want those laws to be observed?” said Dr. Ferris. “We want them broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against—then you’ll know that this is not the age for beautiful gestures. We’re after power and we mean it.

You fellows were pikers, but we know the real trick, and you’d better get wise to it. There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals.

Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there it that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted—and you create a nation of lawbreakers—and then you cash in on it.

Now that’s the system, Mr. Rearden, that’s the game, and once you understand it, you’ll be much easier to deal with.”

Atlas Shrugged


9 posted on 11/05/2014 9:56:22 AM PST by LegendHasIt
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To: Slings and Arrows; All

Oh, Gosh, Sorry, I didn’t read past the second comment before posting.

Good post.


10 posted on 11/05/2014 9:57:52 AM PST by LegendHasIt
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To: Rick66

It’s above a scofflaw but not criminal for the poaching, which is bad for commercial fishing. The spoilation of evidence is a crime and wasn’t invented in S/O act. They pissed off the fish and game and they went for the newer higher damages/penalty law and won. Now it needs to hold up in the Supreme court.


11 posted on 11/05/2014 10:00:46 AM PST by Usagi_yo (Criticize, marginalize, demonize, criminalize.)
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To: Rick66

Not criminal? That’s surprising. I hate poachers. Wouldn’t of bothered me a bit to see his boat and gear confiscated.

_____________

You bow too much to the king, methinks.


12 posted on 11/05/2014 10:03:23 AM PST by Chickensoup (Leftist totalitarian fascism is on the move.)
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To: Twotone

He’s guilty.


13 posted on 11/05/2014 10:37:46 AM PST by bgill (CDC site, "we still do not know exactly how people are infected with Ebola")
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To: Chickensoup

No sir I don’t. I like to fish and hunt and guys like this are ruining the resources. I have no respect for that. I didn’t miss the point of the article. Just wanted to point out that I don’t like poachers.


14 posted on 11/06/2014 3:01:10 AM PST by Rick66
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