Is this really a case of failure. I am not sure the supreme court thought so.
The Court did not take a "cynical" records manager's attitude toward the
reminder on the document retention policy. Take a look at
https://supreme.justia.com/cases/federal/us/544/696/
Held: The jury instructions failed to convey properly the elements of
a “corrup[t] persuas[ion]” conviction under §1512(b). Pp. 6–12.
.... Under ordinary circumstances, it is not wrongful for a manager to
instruct his employees to comply with a valid document retention policy,
even though the policy, in part, is created to keep certain information from
others, including the Government. Thus, §1512(b)’s “knowingly … corruptly
persuades” phrase is key to what may or may not lawfully be done in the
situation presented here.
David Gaynon
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