Extract
Obstruction of justice.
I. INTRODUCTION. IX. OBSTRUCTION OF JUSTICE: THE OMNIBUS PROVISION A. Scope of [section] 1503 B. Elements of a [section] 1503 Offense 1. Pending Judicial Proceedings 2. Knowledge of Pending Proceeding 3. Intent to Obstruct Justice a. Acting Corruptly with Intent b. Endeavoring to Obstruct Justice C. Acts Prosecuted Under [section] 1503 1. Concealment, Alteration or Destruction of Documents 2. Encouraging or Rendering False Testimony D. Defenses to [section] 1503 1. Legal Impossibility. 2. "Fear of Reprisal". E. Venue for Prosecution Under [section] 1503 F. Section 1505: The Agency Provision III. WITNESS TAMPERING A. Scope of [section] 1512 and [section] 1513 B. Elements of a [section] 1512(b) Offense 1. Knowingly 2. Engaged in Enumerated Acts a. Intimidation, Physical Force, or Threats b. Misleading Conduct c. Corrupt Persuasion 3. Intent to Influence Testimony 4. Official Proceeding C. Other [section] 1512 Offenses and Issues 1. Re-lettering of [section] 1512 2. Section 1512(a) 3. Section 1512(c) 4. Section 1512(d) D. Defenses 1. Affirmative Defense Under [section] 1512 2. Constitutionality of [section] 1512 and [section] 1513 E. Venue Under [section] 1512 IV. CORPORATE ACCOUNTABILITY A. Section 1519: Destruction, Alteration or Falsification of Documents B. Section 1520: Corporate Audit Records V. PENALTIES A. Section 1503 B. Sections 1512 and 1513 C. U.S.S.G. [section] 3C1.1 I. INTRODUCTION
Obstruction of justice is any "interference with the orderly administration of law and justice," (1) and may consist of "a medley of crimes." (2) This area of the law is governed principally by 18 U.S.C. [section] 1501 through [section] 1520, which protect the integrity of proceedings before the federal judiciary and other governmental bodies. (3) While many of the provisions address very particular actions or behaviors, (4) this Article focuses specifically on the four provisions given the most expansive treatment by courts: [section] 1503, [section] 1505, [section] 1512, and [section] 1513. This Article also will briefly examine the recently added [section] 1519 and [section] 1520. Section II of this Article examines [section] 1503, which governs obstruction of justice affecting jurors, officers of the court, and judges, and [section] 1505, which governs obstruction of justice in proceedings before departments, agencies, and committees. Section HI examines prohibitions against witness tampering under [section] 1512 and [section] 1513. Section IV discusses corporate accountability under [section] 1519 and [section] 1520. Finally, Section V discusses penalties under [section] 1503, [section] 1512, and [section] 1513. II. OBSTRUCTION OF JUSTICE: THE OMNIBUS PROVISION Section 1503 is known as the Omnibus Obstruction Provision ("Omnibus Provision") because it applies to a broad range of conduct. (5) It is designed "to protect individuals involved in federal judicial proceedings and to prevent 'miscarriages of justice by corrupt methods.'" (6) It also serves to "ensure that criminals [cannot] circumvent the law's purpose by devising novel and creative schemes that would interfere with administration of justice but would nonetheless fall outside the scope of [section] 1503's specific prohibitions." (7) Additionally, the Omnibus Provision protects jurors and judicial officers from threats, intimidation, and retaliation. (8) Attempted bribery of officials intended to alter the outcome of a judicial proceeding is also an offense under [section] 1503. (9) Moreover, most courts have applied [section] 1503 to acts of obstruction that affect witnesses. (10) Section 1505 applies to conduct similar to that addressed by [section] 1503, but in the context of federal agency proceedings rather than court proceedings. (11) This section discusses [section] 1503 and [section] 1505 in six parts: Part A discusses the scope of [section] 1503; Part B delineates the elements of [section] 1503 offenses; Part C analyzes the acts prosecuted under [section] 1503; Part D presents various defenses to [section] 1503 charges; Part E describes issues relating to venue; and Part F surveys [section] 1505, the Agency Provision. A. Scope of [section] 1503 The structure Of [section] 1503 protects the judicial process in two ways. First the specific language of the statute forbids corruptly (12) influencing or endeavoring to influence any grand or petit juror or officer of the court by threats or force, or by letter or communication. (13) Second, the "Omnibus Clause," (14) includes a broad range of actions (15) and functions and is "a catch-all provision that generally prohibits conduct that interferes with the 'due administration of justice" (16) if the defendant's actions have the "natural and probable" effect of interfering with the due administration of justice. (17) Section 1503 applies to both civil and criminal proceedings. (18) B. Elements of a [section] 1503 Offense Section 1503 applies to both actual and attempted obstructions of ...See the full content of this document
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