Problem Areas Considered Obstruction
The Department of Justice and the Environmental Protection Agency each have their “hot buttons” in deciding whether to pursue criminal sanctions. Factors considered in the decision to prosecute include any actual or potential harm to the public, the company’s history of noncompliance, whether there was prior notice of the matter under investigation, the continuing nature of the violations, the motive behind the offending conduct and whether the response to the investigation is characterized by lies, deceit and obstruction. Sure signs of trouble include the destruction of, or failure to produce, evidence subject to lawful process (a felony), the destruction of documents or tangible evidence that reasonably may be subject to a criminal investigation, even in the absence of process (a felony), counseling witnesses to mislead investigators (a felony), see 18 U.S.C. § 1512., lying to investigators (a felony), see 18 U.S.C. § 1001. It is irrelevant that the interview or discussion is volunteered, off-the-record, unrecorded or unsworn. Most importantly, in corporate investigations, it is a felony to threaten or intimidate employees with loss of job or position, to instruct employees not to speak with government investigators or to suggest a particular view of the facts to the employees. See Victim and Witness Protection Act, 18 U.S.C. § 1512.
More later.
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