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Chad - do you think it's fair to say that, whatever a regulatory agency may state as its intent, and the limit of the scope of its investigations with respect to the regulations it is charged with enforcing, it is far more comforting to have such limitations and intentions codified in the statutory language of the laws/regulations themselves?
It seems to me that while the assurances of an FBI agent are good, limiting construction in the statutes/regulations themselves would be substantially better.
That said, I wholeheartedly agree that the actual risk of being prosecuted for minor infractions under section 2257 is far lower than some observers have suggested. Convincing a federal judge to hand out 5 year sentences for what amounts to a simple filing error (assuming that the violation in question involves not a lack of records, but a simple error in keeping those records) would likely be a tough sell for a prosecutor.
- Q.
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Q. Boyer
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