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In federal law, crimes constituting obstruction of justice are defined primarily in Chapter 73 of Title 18 of the United States Code. [7] [8] This chapter contains provisions covering various specific crimes such as witness tampering and retaliation, jury tampering, destruction of evidence, assault on a process server, and theft of court ...
Tampering with evidence, or evidence tampering, is an act in which a person alters, conceals, falsifies, or destroys evidence with the intent to interfere with an investigation (usually) by a law-enforcement, governmental, or regulatory authority. [1] It is a criminal offense in many jurisdictions. [2]
Corruptly obstructing, influencing, or impeding an official proceeding is a felony under U.S. federal law. It was enacted as part of the Sarbanes–Oxley Act of 2002 in reaction to the Enron scandal, and closed a legal loophole on who could be charged with evidence tampering by defining the new crime very broadly.
Section 13, last amended in 1996, deals with laws of states adopted for areas within federal jurisdiction. Section 14 has been repealed per Public Law 107-273, division B, title IV, section 4004(a), as of November 2, 2002. 116 Stat. 1812. Section 15, added in 1958, defines "obligation or other security of foreign government".
[3] Witness tampering is a crime even if a proceeding is not actually pending, [3] [2] and even if the testimony sought to be influenced, delayed, or prevented would not be admissible in evidence. [2] Section 1512 also provides that the federal government has extraterritorial jurisdiction to prosecute the offenses described by the section. [2] [3]
The first section of Smith's brief summarizes evidence and describes the prosecutors' argument; the second discusses what constitutes an "official" act; the third applies the principles to Trump's case; the fourth urges Chutkan to rule that Trump does not have immunity for these actions and that he be brought to trial. [210]
Several statutes, mostly codified in Title 18 of the United States Code, provide for federal prosecution of public corruption in the United States.Federal prosecutions of public corruption under the Hobbs Act (enacted 1934), the mail and wire fraud statutes (enacted 1872), including the honest services fraud provision, the Travel Act (enacted 1961), and the Racketeer Influenced and Corrupt ...
Olmstead v. United States, 277 U.S. 438 (1928), was a decision of the Supreme Court of the United States, on the matter of whether wiretapping of private telephone conversations, conducted by federal agents without a search warrant with recordings subsequently used as evidence, constituted a violation of the target’s rights under the Fourth and Fifth Amendments.