1) Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, 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. (Added Pub. L. 107–204, title VIII, § 802(a), July 30, 2002, 116 Stat. 800.) GO TO: 18 U.S. Code § 1519 - Destruction, alteration, or falsification of records in Federal investigations and bankruptcy @ https://www.law.cornell.edu/uscode/text/18/1519 >
2) 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant -- (2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to—(A) influence, delay, or prevent the testimony of any person in an official proceeding; (B) cause or induce any person to—(i) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding; (C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3). (3) The punishment for an offense under this subsection is—(C) in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years. > GO TO: 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant @ https://www.law.cornell.edu/uscode/text/18/1512
3) 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant -- (b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—(1) influence, delay, or prevent the testimony of any person in an official proceeding; (2) cause or induce any person to—(A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding; (C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (D) be absent from an official proceeding to which such person has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation[1] supervised release, [1] parole, or release pending judicial proceedings; shall be fined under this title or imprisoned not more than 20 years, or both. (c) Whoever corruptly—(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both. (d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from—(1) attending or testifying in an official proceeding; (2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation. > GO TO: 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant @ https://www.law.cornell.edu/uscode/text/18/1512
2) 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant -- (2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to—(A) influence, delay, or prevent the testimony of any person in an official proceeding; (B) cause or induce any person to—(i) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding; (C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3). (3) The punishment for an offense under this subsection is—(C) in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years. > GO TO: 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant @ https://www.law.cornell.edu/uscode/text/18/1512
3) 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant -- (b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—(1) influence, delay, or prevent the testimony of any person in an official proceeding; (2) cause or induce any person to—(A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding; (C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or (D) be absent from an official proceeding to which such person has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation[1] supervised release, [1] parole, or release pending judicial proceedings; shall be fined under this title or imprisoned not more than 20 years, or both. (c) Whoever corruptly—(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both. (d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from—(1) attending or testifying in an official proceeding; (2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation. > GO TO: 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant @ https://www.law.cornell.edu/uscode/text/18/1512
4) (1) A United States district court, upon application of the attorney for the Government, shall issue a temporary restraining order prohibiting harassment of a victim or witness in a Federal criminal case if the court finds, from specific facts shown by affidavit or by verified complaint, that there are reasonable grounds to believe that harassment of an identified victim or witness in a Federal criminal case exists or that such order is necessary to prevent and restrain an offense under section 1512 of this title, other than an offense consisting of misleading conduct, or under section 1513 of this title. (2) (A) A temporary restraining order may be issued under this section without written or oral notice to the adverse party or such party’s attorney in a civil action under this section if the court finds, upon written certification of facts by the attorney for the Government, that such notice should not be required and that there is a reasonable probability that the Government will prevail on the merits. > GO TO: 18 U.S. Code § 1514 - Civil action to restrain harassment of a victim or witness @
https://www.law.cornell.edu/uscode/text/18/1514
5) The Brady Rule, named for Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense. "Brady material" or evidence the prosecutor is required to disclose under this rule includes any evidence favorable to the accused -- evidence that goes towards negating a defendant's guilt, that would reduce a defendant's potential sentence, or evidence going to the credibility of a witness.
If the prosecution does not disclose material exculpatory evidence under this rule, and prejudice has ensued, the evidence will be suppressed. The evidence will be suppressed regardless of whether the prosecutor knew the evidence was in his or her possession, or whether or not the prosecutor intentionally or inadvertently withheld the evidence from the defense. The defendant bears the burden of proving that the undisclosed evidence was material, and the defendant must show that there is a reasonable probability that there would be a difference in the outcome of the trial had the evidence been disclosed by the prosecutor. > GO TO: The Brady Rule @ https://www.law.cornell.edu/wex/brady_rule
Note: Exculpatory Evidence = Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.
Note: Exculpatory Evidence = Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.
- This suggests all NSA surveillance-garnered intelligence information (and/or exculpatory evidence) necessary to prove and/or disprove guilt must eventually be made available to all individuals it was garnered from -- as Americans increasingly need to own and/or control their own covertly obtained data and/or metadata (and/or "secret evidence") for exoneration.
6) A person commits a misdemeanor if, believing that an official proceeding or investigation is pending or about to be instituted, he or she: (a) Alters, destroys, conceals, or removes any record, document or thing with purpose to impair its verity or availability in such proceeding or investigation; or (b) Makes, presents or uses any record, document or thing knowing it to be false and with the purpose to mislead a public servant who is or may be engaged in such proceeding or investigation. > GO TO: 25 CFR 11.440 - Tampering with or fabricating physical evidence @ https://www.law.cornell.edu/cfr/text/25/11.440
7) The Sarbanes-Oxley Act of 2002 added a new anti-shredding pro-vision 18 U.S.C. § 1519, to the roster of federal obstruction-of-justice statutes. The statute is drafted in broader terms than prior existing law: Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, 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 tide, imprisoned not more than 20 years, or both. The provision does not require that the accused "corruptly" destroy documents-a required element of several other obstruction statutes. Furthermore, the provision does not limit liability to those actors who are facing a "pending proceeding" nor does it link the "intent to obstruct" element to an official proceeding. Although the actor must form an "intent to impede, obstruct, or influence" a federal investigation or administrative action, the statute includes the "in relation to or contemplation of' language-which is unique to the federal obstruction statutes-to modify the mental state sufficient for conviction. No court has yet interpreted § 1519, so the meaning of the broad statutory language is not clear. > Note: This statute applies to Title 11 offenses; as John is now effectively bankrupt. > GO TO: Anticipatory Obstruction of Justice: Pre-Emptive Document Destruction
under the Sarbanes-Oxley Anti-Shredding Statute, 18 U.S.C. 1519 @
http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=2973&context=clr
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