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Explain level a harassment

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Reference no: EM133214720

Earlier this semester, we discussed Yates v. United States (2015), the case of a fisherman who was convicted for violating the anti-shredding provisions of the Sarbanes-Oxley Act. Specifically, it is a crime to destroy "any document, record or tangible object" to impede a federal investigation. Mr. Yates did not destroy documents or records. He tossed three undersized fish overboard. Fortunately, the Supreme Court ruled for Mr. Yates using a statutory interpretation doctrine that determined tangible objects did not include fish.

Assume Mr. Yates has changed careers and operates a whale-watching company. He is the sole owner of the company and has a crew of five - a captain and four employees. His company has encountered a pod of orcas feasting on a dead gray whale on two different occasions. On both occasions, their boat was within 40 feet of the whale. Additionally, the captain and crew of the ship removed a piece of blubber from the water, attached it to the boat with a rope, and then lowered it back into the ocean. Separately, a crew member whistled at a humpback whale to keep it within view of the whale watchers. Additionally, the crew routinely feeds the whales to help keep them within the vicinity of their boat.

According to the Marine Mammal Protection Act, it is a federal offense to feed, attempt to feed, or harass a whale. A statutory definition of the term "harassment" is "any act of pursuit, torment, or annoyance, which has the potential to:

  • Injure a marine mammal or marine mammal stock in the wild (Level A harassment)
  • Disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).

Assume you are responsible for enforcing the Marine Mammal Protection Act. 

  • What charges (Level A or Level B), if any, would you bring? State why and analyze the elements of a crime discussed in class. If you need additional facts to reach a conclusion, include these facts in your discussion.
  • Who would you charge and why? Mr. Yates? His crew? The captain of the ship?
  • Assuming Mr. Yates is charged with Level A harassment. As a result, his whale-watching boats (valued at $10,000) are seized. Under what grounds should Mr. Yates challenge the seizure and why?

Reference no: EM133214720

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