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So your probably facing obstruction of justice charges and your ABSOLUTELY SHOCKED because you thought you were just protecting yourself. Maybe you deleted some emails during an investigation. Maybe you told a witness not to cooperate with investigators. Or maybe prosecutors claim you lied to federal agents about what you knew. Look, we get it. Your COMPLETELY OVERWHELMED by these charges. And you should be TERRIFIED! Because federal obstruction of justice under 18 USC 1503 carries up to 20 YEARS in federal prison and prosecutors charge obstruction in almost EVERY federal investigation to punish defendants who don’t cooperate!
Let me explain the prosecutorial weapon their using against you. Obstruction of justice is incredibly broad – covers ANY attempt to interfere with federal investigations, court proceedings, congressional inquiries, or administrative proceedings! Multiple overlapping statutes turn self-preservation into federal crimes!
There are SEVERAL obstruction statutes prosecutors use! Section 1503 covers obstruction of judicial proceedings, Section 1505 covers administrative and congressional proceedings, Section 1512 covers witness tampering and obstruction of official proceedings, Section 1519 covers document destruction! Each carries massive prison time!
Here’s what’s really scary – don’t need to succeed in obstructing – just “endeavoring” to obstruct is crime! Attempted obstruction is same crime as completed obstruction! We’ve seen convictions where investigation wasn’t actually impeded!
“Corruptly” is key element but broadly interpreted! Acting with intent to obtain improper advantage or impede administration of justice! Prosecutors claim ANY action protecting yourself is “corrupt” – deleting emails? Corrupt! Asserting Fifth Amendment before telling witness? Prosecutors call it corrupt!
Multiple statutes with OVERLAPPING but different elements!
18 USC 1503 is the “Omnibus Clause” – catchall for obstruction of judicial proceedings including grand juries, trials, judges! Prohibits corruptly endeavoring to influence, intimidate, or impede any officer of court, juror, or witness! Maximum 10 years or 20 years if involves threats!
Section 1505 covers proceedings before Congress, federal agencies, and departments! Prohibits corruptly influencing, obstructing, or impeding pending administrative or congressional proceedings! Maximum 5 years or 8 years for terrorism-related cases!
But 1512 is prosecutors’ favorite! Covers witness tampering, document destruction, obstruction of official proceedings! Multiple subsections creating dozens of ways to violate! Can get 20 years for destroying documents or tampering with witnesses!
The Sarbanes-Oxley provisions (1512(c) and 1519) were added after Enron scandal! Target corporate document destruction but applied to EVERYONE! Deleting ANY record or document with intent to obstruct? 20 years maximum!
Prosecutors charge MULTIPLE statutes for same conduct! One email deletion? That’s 1503 (obstructing grand jury), 1512 (tampering with evidence), AND 1519 (destroying documents)! Three federal felonies for one delete button!
HUGE June 2024 ruling limiting Sarbanes-Oxley prosecutions!
Supreme Court held 6-3 that Section 1512(c)(2) only applies when defendant impairs availability or integrity of documents or objects used in official proceeding! Can’t prosecute general obstruction under this statute – must involve evidence impairment!
This came from January 6 cases where prosecutors charged defendants with obstructing congressional proceeding! Court said statute requires nexus to documents or records – can’t apply to physical obstruction or general interference! Prosecutors had been using Sarbanes-Oxley for EVERYTHING!
But here’s the trap – ruling only limits 1512(c)(2)! Doesn’t affect 1503, 1505, or other obstruction statutes! Prosecutors just charge different sections now! We’ve seen indictments adding 1503 counts after Fischer!
The decision helps defendants charged under 1512(c)(2) for conduct not involving documents! If your accused of obstructing proceeding through testimony or persuading witnesses without destroying evidence, Fischer may provide defense! But prosecutors argue ruling is narrow!
We’re using Fischer aggressively! Any 1512(c)(2) charge not involving document destruction should be dismissed! But courts split on how broadly to interpret ruling! Some say covers only physical evidence, others include digital records!
Prosecutions fall into predictable patterns!
Document destruction is MOST common! Deleting emails, shredding papers, destroying hard drives during investigation! Even deleting one email can be 20-year felony if done with corrupt intent! We’ve seen prosecutions for clearing browser history!
Witness tampering includes talking to witnesses about their testimony! Telling co-worker “don’t talk to investigators”? Federal crime! Suggesting what witness should say? Tampering! Even asking witness what they told grand jury can be charged! Your First Amendment right to speak? Prosecutors call it obstruction!
Lying to federal agents is obstruction even without oath! Martha Stewart convicted for lying about stock sale during investigation! False statements to FBI, IRS, SEC – all obstruction! “I don’t recall” is safer than lying but prosecutors claim selective memory is obstruction!
Concealing evidence without destroying it! Hiding documents, moving assets, encrypting files! If done to impede investigation, that’s obstruction! We’ve seen charges for storing documents at relative’s house!
Encouraging others to assert Fifth Amendment? Prosecutors call it obstruction! Paying legal fees for potential witnesses? Could be obstruction! Invoking attorney-client privilege? Government may claim your obstructing! Self-protective measures become crimes!
Three core elements but prosecutors twist each one!
Must prove PENDING proceeding! Grand jury investigation, trial, administrative hearing, congressional inquiry! Proceeding must be pending or about to be instituted at time of obstruction! But “about to be instituted” is vague – prosecutors claim you should have known investigation was coming!
Must prove NEXUS between obstructive act and proceeding! Action must have natural and probable effect of interfering with proceeding! But this is LOW bar – don’t need to prove actual interference! Just that act was CAPABLE of obstructing!
Must prove CORRUPT INTENT! This is critical element – acting with improper purpose to impede justice! Must show defendant acted knowingly and deliberately with intent to obstruct! But prosecutors use circumstantial evidence!
“Knowingly” means awareness that proceeding is pending or about to begin! Don’t need to know specific details of investigation! Just general awareness that government might investigate! Prosecutors argue “willful blindness” – if you SHOULD have known investigation was likely, that’s knowledge!
The “endeavor” language means attempt is enough! Don’t need to succeed in obstructing – just trying is crime! Failed attempt to hide evidence? Still guilty! Witness ignored your request not to cooperate? Still obstruction!
Sentences are DEVASTATING and stack with other charges!
Section 1503 carries 10 years maximum or 20 years if obstruction involved threats of force! Section 1505 is 5 years maximum or 8 years for terrorism! Section 1512 ranges from 10-20 years depending on subsection! Multiple counts create decades of exposure!
But obstruction is almost ALWAYS charged with underlying crime! Fraud plus obstruction? Healthcare fraud plus obstruction? Sentences run consecutive not concurrent! 5 years for fraud PLUS 10 years for obstruction!
Sentencing guidelines add obstruction enhancement to underlying offense! If convicted of fraud AND obstruction for covering up fraud, the fraud sentence gets 2-level obstruction enhancement PLUS separate obstruction sentence! Double punishment for same conduct!
Fines can reach $250,000 per count! Plus restitution, forfeiture of assets used in obstruction, supervised release! We’ve seen total financial destruction beyond prison time!
Career impact is permanent! Professional licenses revoked! Security clearances lost! Immigration consequences including deportation! Prior obstruction conviction makes you incredible witness in any future proceeding!
Several defenses exist but require aggressive litigation!
Lack of corrupt intent is primary defense! If actions were innocent or had legitimate purpose unrelated to obstruction, not guilty! Deleting emails as routine document retention? Not obstruction! Asserting attorney-client privilege? Legitimate right not corrupt act!
No pending proceeding at time of conduct! If investigation hadn’t started or wasn’t foreseeable, can’t obstruct non-existent proceeding! We’ve won by showing client had no reason to anticipate investigation!
Advice of counsel defense! If lawyer advised conduct was legal, negates corrupt intent! Following attorney’s guidance about document retention, privilege assertions, witness communications – shows good faith not corruption!
First Amendment protections for speech! Talking to potential witnesses, making public statements, asserting innocence – constitutionally protected! Government can’t criminalize all communications during investigation!
Lack of nexus between conduct and proceeding! If actions didn’t have natural tendency to interfere with investigation, not obstruction! Deleted documents unrelated to investigation? No nexus! We challenge government to prove connection!
Fischer defense for 1512(c)(2) charges! If conduct didn’t impair documents or records, statute doesn’t apply after Supreme Court ruling! We’ve gotten charges dismissed using Fischer!
YES – and this is HUGE trap!
Courts consistently hold that obstruction conviction stands even if acquitted of substantive offense being investigated! You can be found not guilty of fraud but guilty of obstructing fraud investigation! Doesn’t matter that prosecutors couldn’t prove underlying crime!
This means even INNOCENT people can be convicted of obstruction! Government investigates you for crime you didn’t commit! You delete emails (even unrelated ones) or talk to witnesses! Acquitted of main charge but convicted of obstruction! Prosecutors use this constantly!
The obstruction becomes separate crime with its own elements! Don’t need to prove you committed offense under investigation – just that you obstructed investigation of that offense! Even if offense never occurred, obstruction charge stands!
We’ve seen clients serve longer sentences for obstruction than they would have for underlying offense! Fraud might have been 2 years – obstruction is 5 years! And obstruction conviction makes you look guilty even though acquitted of main charge!
Look, we’re not your typical lawyers who don’t understand obstruction’s nuances. We’re former federal prosecutors who CHARGED obstruction cases and know EXACTLY what government must prove – especially corrupt intent element!
We understand how to challenge pending proceeding requirement! We know how to use Fischer v. United States to dismiss Sarbanes-Oxley charges! We can demonstrate legitimate purposes for document management and witness communications! Most importantly, we prevent self-protective actions from becoming federal crimes!
Other lawyers tell clients to “just cooperate” without understanding cooperation itself can be twisted into obstruction! They don’t recognize when routine business activities are being recharacterized as crimes! Their ignorance leads to obstruction convictions for innocent conduct!
Call us RIGHT NOW at 212-300-5196
Obstruction charges filed IMMEDIATELY when investigation begins!
Former federal prosecutors – Obstruction defense specialists – Available 24/7!
Don’t take ANY actions during federal investigation without experienced counsel! Every email deletion, every conversation with colleagues, every assertion of rights can become obstruction charge! Prosecutors review your computer forensically looking for deletions! They interview everyone you spoke with!
Remember – federal obstruction of justice charges aren’t about actually impeding investigations, there about prosecutors punishing anyone who doesn’t give them complete cooperation. One deleted email, one conversation with witness, one assertion of privilege can mean 20 years in federal prison. You need someone who understands both technical obstruction defenses AND how to protect your rights without creating new charges. Call us NOW before self-protection becomes federal crime!
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS