Yes ... and it's on my Favorite's List whenever I want to review court cases for some examples.
Bob Dalton, CRM
Dalton Consulting
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Nolene Sherman
Sent: Friday, April 28, 2006 4:17 PM
To: [log in to unmask]
Subject: Re: [RM] Retention Policy Saves the Day?
What a great resource! I think this is my favorite ...
United States v. Stolba, 357 F.3d 850 (8th Cir. 2004).
A defendant's criminal sentence had been increased because he had
instructed his office manager to delete records that were proof of
fraudulent behavior. But the Appeal's court reversed because guidelines
require the fraudulent act to have taken place during an investigation;
in this case, the deletion of the files occurred before a formal
investigation had commenced.
So .... You can be a criminal, but just make sure you follow that
retention policy and hold process! ;-)
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