Obstruction — Tampering with Records (18 U.S.C. § 1519)
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 any case filed under title 11, 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.
Key Features
Enacted as part of the Sarbanes-Oxley Act (2002) in response to the Enron/Arthur Andersen document shredding scandal.
- No pending proceeding required — covers destruction “in relation to or contemplation of” an investigation; broader than 18 U.S.C. § 1512
- Tangible objects included — not limited to documents (Yates v. United States, 2015 — SCOTUS held 5-4 that a fish is not a “tangible object” covered by § 1519; plurality applied noscitur a sociis and ejusdem generis)
- “Knowingly” — requires knowledge of falsity/destruction; no specific intent to obstruct a particular proceeding
- Nexus requirement: Arthur Andersen LLP v. United States (2005) — conviction reversed; court must instruct that defendant must have known the document was relevant to a proceeding
Compared to § 1512
| Feature | § 1512 (Witness Tampering) | § 1519 (Record Tampering) |
|---|---|---|
| Target | Witnesses, victims, informants | Records, documents, tangible objects |
| Proceeding required | No (covers “contemplation”) | No |
| Mens rea | Knowingly; corrupt persuasion | Knowingly; intent to impede |
| Max sentence | 20 years | 20 years |