Philadelphia Federal Obstruction of Justice Charges: Investigations and Penalties

Philadelphia Federal Obstruction of Justice Charges: Investigations and Penalties

Obstruction of justice charges are serious felonies that carry steep penalties under federal law. In Philadelphia, obstruction cases are typically handled by the U.S. Attorney’s Office for the Eastern District of Pennsylvania. Prosecutors take these crimes very seriously, and will aggressively pursue charges if they believe someone deliberately interfered with an ongoing investigation or court proceeding.

This article provides an overview of federal obstruction of justice laws in Philadelphia, how these cases are investigated, potential defenses, and the punishments defendants face if convicted.

Common Types of Obstruction

There are many ways obstruction charges can arise under 18 U.S.C. §§ 1501-1521. Some of the most common federal obstruction offenses charged in Philadelphia include:

• Witness tampering – Influencing, threatening, or retaliating against a witness to prevent their testimony.
• Destroying or concealing evidence – Shredding documents, deleting files, or hiding physical evidence.
• Lying to investigators – Making false statements or denying knowledge of facts.
• Interfering with searches – Blocking access to records or property that is being searched.

Obstruction charges often accompany other federal crimes like fraud, bribery, or conspiracy. They may be tacked on if prosecutors believe a defendant tried to cover up their unlawful activity.

How Investigations Begin

Obstruction investigations typically start when federal agents suspect someone is deliberately subverting an ongoing probe. For example, if the FBI is looking into government contract fraud and witnesses start changing their stories, they may suspect obstruction is occurring behind the scenes.

Investigators have broad authority to question witnesses, subpoena records, monitor communications, and take other steps to determine if obstruction is happening. Methods they commonly use include:

• Interviews – Questioning targets, witnesses, attorneys, and others who may have information.
• Surveillance – Monitoring phone calls, emails, texts, social media posts, and other communications.
• Search warrants – Seizing documents, computers, phones, and other evidence from homes or businesses.
• Informants – Flipping conspirators to provide evidence against other participants.

If agents uncover evidence of obstruction, they will put together a report for federal prosecutors summarizing the findings. The U.S. Attorney’s Office will then decide whether to pursue criminal charges.

Proving Obstruction in Court

To convict on federal obstruction charges, prosecutors must prove beyond a reasonable doubt that:

• There was an ongoing federal investigation or proceeding, like a grand jury probe or trial.
• The defendant knew about this investigation or proceeding.
• The defendant intentionally tried to interfere with the investigation or proceeding through threats, destruction of evidence, lying, or other obstructive acts.
• The defendant acted corruptly, with an improper purpose and motive.

Prosecutors may present evidence like incriminating emails and recordings, witness testimony, false statements signed by the defendant, and forensic examination of deleted files. Even circumstantial evidence can be enough if it establishes corrupt intent beyond a reasonable doubt.

Sentencing and Penalties

Penalties for federal obstruction of justice depend on the circumstances of each case:

• Up to 20 years in prison – For obstructing federal court proceedings or major agency investigations, like FBI probes into government corruption, corporate fraud, civil rights violations, etc.
• Up to 10 years in prison – For obstructing proceedings before federal departments, agencies, and committees.
• Up to 5 years in prison – For obstructing due administration of justice in non-official proceedings, like bankruptcy court.

In addition to imprisonment, defendants face potential fines up to $250,000 and 1-3 years of supervised release. Sentences can be imposed consecutively for each count.

When deciding punishment, judges will look at factors like the egregiousness of the obstruction, whether violence or threats were involved, financial loss to victims, the defendant’s criminal history, and other circumstances.

Possible Defenses

While obstruction cases can be challenging to fight, possible defenses include:

• No corrupt intent – Arguing the defendant did not realize their conduct would impede an investigation or proceeding.
• No pending proceeding – No federal case was actually pending at the time of the alleged obstruction.
• No material impact – The defendant’s actions did not actually influence the investigation or proceeding in a material way.
• Free speech – For witness tampering, arguing statements were constitutionally protected free speech, not criminal threats or intimidation.

An experienced federal criminal defense attorney can analyze the prosecution’s evidence and determine if any viable defenses are available. They may also negotiate with prosecutors for reduced charges or sentencing leniency.