Obstruction Trends
"Anticipatory obstruction of justice" has recently appeared on the horizon in cases such as US v. Wolff. That said, the operative section, 1519, passed in 2002, has thus far languished in quasi-obscurity. Titled “Destruction, Alteration or Falsification of Records in Federal Investigations and Bankruptcy,” the provision was passed under Section 802 of the Sarbanes-Oxley Act of 2002.
The text of the statute is relatively straightforward:
Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsified, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under Title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.
Aside from Section 1519’s 20-year maximum prison sentence (no small benefit to the government in big-dollar fraud loss cases such as Wolff), its primary appeal is that it uniquely removes certain key proof burdens from prosecutors’ collective shoulders.
Prosecutors charging violations of Section 1519 must still establish both of the following:
- The accused knowingly directed the obstructive act to affect an issue or matter within the jurisdiction of any U.S. department or agency.
- The accused acted at least “in relation to” or “in contemplation’” of such issue or matter.
Not on the list, however, is the requirement that prosecutors demonstrate to the finder of fact which specific “pending proceeding” the accused attempted to obstruct. That is a significant benefit to the government.
Read more about this topic: Obstruction Of Justice
Famous quotes containing the words obstruction and/or trends:
“The short lesson that comes out of long experience in political agitation is something like this: all the motive power in all of these movements is the instinct of religious feeling. All the obstruction comes from attempting to rely on anything else. Conciliation is the enemy.”
—John Jay Chapman (1862–1933)
“Thanks to recent trends in the theory of knowledge, history is now better aware of its own worth and unassailability than it formerly was. It is precisely in its inexact character, in the fact that it can never be normative and does not have to be, that its security lies.”
—Johan Huizinga (1872–1945)