Washington, D.C. (Mar. 21, 2018) – Karen Harned, Executive Director of the National Federation of Independent Business (NFIB) Small Legal Center issued the following statement in reaction to the United States Supreme Court’s overturning of the Second Circuit Court’s decision in Marinello v. United States:
“Small business owners spend an excessive amount of time, paperwork, and money trying to comply with the tax code,” Harned said. “The Supreme Court today ruled in Marinello v. United States that a business may be prosecuted only if they have taken intentional actions to obstruct a known investigation. This is an important win for small business as it helps protect small business owners from being prosecuted for good faith conduct.”
The NFIB Small Business Legal Center filed an amicus brief in this case, arguing that the Supreme Court should construe obstruction of justice statutes reasonably to allow for criminal prosecution only when a company takes actions to impede a known investigation. Marinello v. United States dealt with whether federal prosecutors went too far in charging a business owner with obstruction of justice – a felony – for failing to keep records that were not affirmatively required by law.
To arrange an interview with Harned, please contact Stephanie Marrs at 202-314-2027.