A Court Again Quashes 'Doctrinal Novelty' By Prosecutors

We've been down this road before: Congress enacts broad anti-fraud provisions and "creative" prosecutors invent crimes until told to stop. The effort to limit prosecution to clear misconduct continued last month when the Supreme Court held that the anti-shredding provision of the Sarbanes-Oxley Act does not criminalize the throwing of fish overboard.

19 minute read May 02, 2015 at 12:00 AM
By
Joseph F. Savage, JR. And Nomi Berenson
A Court Again Quashes 'Doctrinal Novelty' By Prosecutors

We've been down this road before: Congress enacts broad anti-fraud provisions and “creative” prosecutors, aided and abetted by compliant judges, invent crimes until told to stop.

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