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The Nancy Black Story: Video Explains Dangers of Overcriminalization

FOR IMMEDIATE RELEASE                                             CONTACT:      

October 29, 2014                                         Mary Beth Hutchins, 202-400-2721

The Nancy Black Story: Video Explains Dangers of Overcriminalization

WASHINGTON – Cause of Action (CoA), a government oversight organization, today released “The Nancy Black Story,” a video recounting how a federal government agency, the National Oceanographic and Atmospheric Administration (NOAA), disrupted a respected marine biologist’s work and threatened her freedom and her livelihood through overcriminalization.

Watch Nancy Black’s story here:

Cause of Action defended Ms. Nancy Black, a highly-esteemed marine biologist who researches the lives and behavior of killer whales.  She was criminally charged with violating a Marine Mammal Protection Act (MMPA) regulation prohibiting feeding marine mammals in the wild.  Every other alleged violation of this regulation has resulted in relatively modest fines or, in a recent case with far more egregious facts, forfeiture of an old boat.  Here, however, the government’s original charges could have resulted in up to 27 years in prison, a $700,000 fine and forfeiture of her research vessel.  Ms. Black’s defense team was able to resolve the case through a no-jail plea agreement in which Ms. Black pled guilty to a single misdemeanor charge of “feeding” for which she received 3 years of probation, a $12,500 fine and 300 hours of community service.

According to CoA’s Executive Director, Dan Epstein, “When the government has excessive administrative discretion that lacks accountability and transparency, overreach and abuse are inevitably rampant. Overcriminalization of federal agency regulations undermines the rule of law, eroding the principles of intent and notice that protect the average citizen’s rights and freedoms.”

Reed Rubinstein, vice president for litigation at Cause of Action, said, “Americans need to know about the risks of overcriminalization and how their government is abusing its authority. Cause of Action is committed to taking steps to educate the public and push back against rogue agencies.”

On November 5, 2014, the United States Supreme Court will hear arguments on another overcriminalization case, Yates v. US, in which a commercial fisherman who threw overboard “undersized” fish was convicted of violating the Sarbanes-Oxley law, a corporate document destruction law prohibiting the shredding of documents. CoA’s amicus briefs in support of the petition for certiorari and in support of Mr. Yates may be found here and here.

About Cause of Action:

Cause of Action is a non-profit, nonpartisan government accountability organization that fights to protect economic opportunity when federal regulations, spending and cronyism threaten it. For more information, visit www.causeofaction.org.

To schedule an interview with Cause of Action’s Executive Director Dan Epstein, contact Mary Beth Hutchins, mary.beth.hutchins@causeofaction.org

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Cause of Action Finds Resolution for Marine Biologist in Case of Overcriminalization

FOR IMMEDIATE RELEASE                                                                                               CONTACT:      

January 13, 2013                                                                                             Annalisa Musarra, 202-499-4230

 

Cause of Action Finds Resolution for Marine Biologist in Case of Overcriminalization

                                                                                                       

SAN JOSE – Today, the sentencing hearing for Nancy Black was held in the U.S. District Court for the Northern District of California before Judge Edward Davila, bringing an end to a more than seven-year-long investigation and prosecution in the case of United States v. Black.

Ms. Black is represented by Cause of Action (CoA), a government accountability organization, and by attorneys Mark Vermeulen and Lawrence Biegel.

The government’s original charges could have resulted in up to 27 years in prison, a $700,000 fine and forfeiture of her research vessel. However, Ms. Black’s defense team was able to resolve the case through a no-jail plea agreement in which Ms. Black pleaded guilty to a single misdemeanor charge of violating a MMPA regulation prohibiting “feeding” for which she will receive a $12,500 fine, 3 years of probation, and 300 hours of community service.

Ms. Black, a well-respected and highly-esteemed marine biologist whose research focuses on the feeding habits of killer whales, is the first person to be criminally charged with violating a Marine Mammal Protection Act (MMPA) regulation prohibiting feeding marine mammals in the wild. Every other violation of this regulation resulted in relatively modest fines or, in a recent case with far more egregious facts, forfeiture of an old boat.

Dan Epstein, Cause of Action’s executive director, said:

“By singling out a valued and well-respected member of the scientific community for prosecution when more significant violations of the Marine Mammal Protection Act regulation prohibiting feeding resulted in nothing more than small civil fines, Ms. Black’s case illustrates how the power of the federal bureaucracy can affect the lives of hard-working Americans. Ms. Black’s case is a cautionary tale to those who believe the administrative state is benign; when power is unchecked it becomes unbridled and so individuals and small businesses – not the politically well-connected and powerful – often end up as victims of its abuse.”

Nancy Black said:

“I am extremely relieved that this whole ordeal is finally coming to a close. My work is very important to me, and I look forward to returning to my passion of studying marine mammals without the distractions that I have had during this case. I am very grateful for the support I’ve received from the community as well as the help of Cause of Action and my entire legal team.”

About Cause of Action:

Cause of Action is a nonprofit, nonpartisan organization that uses investigative, legal, and communications tools to educate the public on how government accountability and transparency protects taxpayer interests and economic opportunity. For more information, visit www.causeofaction.org.

To schedule an interview with Cause of Action’s Executive Director Dan Epstein, contact Annalisa Musarra, annalisa.musarra@causeofaction.org.

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The Herald News: Marine biologist Nancy Black fined $12,500 for violating Marine Mammal Protection Act

Read the full story: The Herald News

Cause of Action Executive Director Dan Epstein said Black is the first person to be criminally charged for violating the marina mammal act. Others who committed more egregious actions in the past have received minimal administrative fines.

 

“Ms. Black’s case illustrates how the power of the federal bureaucracy can affect the lives of hard-working Americans,” he said, calling it a cautionary tale. “When power is unchecked, it becomes unbridled and so individuals and small businesses often end up as victims of its abuse.”