Imagine this scenario: The general counsel of a corporation learns that the
Department of Justice has set new priorities emphasizing investigations of
a specific type of corporate misconduct. Based on internal reports, she
suspects that her company is or may become a target of an investigation.

She immediately directs the company’s information technology staff to
delete email communications and a shared electronic folder that contains
evidence of this misconduct. All of these electronic files are due for
deletion pursuant to the company’s document retention policy. The general
counsel also warns employees not to speak with federal investigators about
any misconduct.

What, if any, of the general counsel’s conduct amounts to obstruction of
justice? The question is that of intent, and the answer may depend on the
statute used by prosecutors and the federal circuit where the act occurred.


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-- 
Peterk
Dallas, Tx
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