People received the new Anticipatory Obstruction of Justice as controversial. “Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States…, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.” Controversy The Anticipatory Obstruction of Justice law provides that: These regulations were to aid companies in being more transparent with their investors. The law relates to the Sarbanes Oxley Act, which is a federal law that established new and expanded financial regulations. However, if a person shreds a document that would otherwise be useful evidence during a federal investigation, then this is more than likely a felony.Īnticipatory obstruction of justice is a relatively new law that Congress enacted in 2002. The type of court that is hearing the case.įor instance, if a person lies to a police officer about his identity during a traffic stop, this is usually a misdemeanor.The state wherein the offense takes place.The court decides on the appropriate obstruction of justice penalty based on: A typical obstruction of justice penalty can be anywhere from a fine ( misdemeanor), to 10 years in prison ( felony). Therefore, so too are the penalties for an obstruction of justice conviction. The range of situations wherein a person can face an obstruction of justice charge is wide. It is therefore better for him to plead the Fifth, rather than risk implication, or further implication, in a criminal investigation. In this case, the individual could potentially face an obstruction of justice or perjury charge. On a related note, if the person makes an innocent mistake in a civil matter, he could face criminal charges for the information he didn’t provide. For one, the information a person offers in a civil investigation could incriminate him in the ongoing criminal case. Lawyers often advise their clients to plead the Fifth Amendment when they are involved in two cases at the same time: a civil case and a criminal case. Put another way, if a witness could give the government evidence needed to prosecute a case, he does not have to answer if he feels the answer may incriminate him. This means that no individual should feel forced to testify against himself. When a person “pleads the Fifth,” this means that he is invoking his rights under the Fifth Amendment to the Constitution. Picketing or parading with the intention of obstructing justice 5th Amendment and Obstruction.Attempting to influence a juror in writing.Tampering with or retaliating against witnesses and informants.There are several statutes within the United States Code Title 18 that cover various types of obstruction of justice, including: This is true even if the individual was not required to produce the evidence at that time. They may also charge him or her with obstruction of justice for changing or destroying evidence related to the investigation. Failing to prosecute government officials for crimes they have committedįor example, obstruction of justice by elected officials occurs when authorities discover that an individual lied during an investigation.Causing harm to or intimidating a juror, witness, or member of law enforcement.Withholding important information or giving false testimony.
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