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Obstruction of Justice Defense

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Obstruction of justice charges often arise during investigations, sometimes even before any underlying crime is charged. These cases typically involve allegations that a person interfered with, influenced, or attempted to impede a federal investigation or proceeding.

Obstruction charges are frequently added to increase leverage and exposure, even when the alleged conduct involves emails, document retention decisions, or conversations with witnesses.

Common Federal Obstruction Statutes

  • Obstruction of Proceedings — 18 U.S.C. § 1503
  • Alleged interference with judicial proceedings.
  • Obstruction of Agency Proceedings — 18 U.S.C. § 1505
  • Interference with federal agency investigations.
  • Conspiracy — 18 U.S.C. § 371
  • Frequently charged alongside obstruction allegations.
  • Witness Tampering — 18 U.S.C. § 1512
  • Allegations of influencing or attempting to influence testimony or cooperation.
  • Destruction or Alteration of Records — 18 U.S.C. § 1519
  • Alleged destruction, concealment, or alteration of documents in connection with a federal investigation.

How Obstruction Allegations Commonly Arise

  • Internal communications after learning of an investigation
  • Document retention or deletion policies
  • Conversations between co-workers or business partners
  • Requests that are later characterized as attempts to influence testimony
  • Efforts to correct or clarify records
  • Obstruction cases often turn on intent. The government must prove that the act was done knowingly and corruptly, not merely as part of ordinary business conduct or internal discussion.

RICO Integration in Obstruction Cases

In larger investigations, obstruction allegations may be incorporated into broader enterprise theories under RICO (18 U.S.C. §§ 1961–1964). When paired with predicate offenses such as wire fraud (18 U.S.C. § 1343), mail fraud (18 U.S.C. § 1341), or other listed crimes, obstruction-related conduct may be used to strengthen a broader conspiracy narrative, expand the alleged “pattern” of activity, increase sentencing exposure, and support forfeiture claims under 18 U.S.C. § 1963. RICO integration significantly increases both legal and financial risk.

Potential Penalties

Obstruction charges can carry severe consequences.

Imprisonment

Up to 10 years under 18 U.S.C. § 1519

Up to 20 years under certain witness tampering provisions (18 U.S.C. § 1512)

Fines under 18 U.S.C. § 3571

Forfeiture where tied to related predicate offenses

Sentencing Considerations

Sentencing enhancements for obstruction under the Federal Sentencing Guidelines

Increased exposure when obstruction is tied to another charged offense

Potential aggravating factors if the alleged conduct occurred after formal notice of investigation

Before You Act or Communicate

  • If you become aware of a federal investigation, even indirectly, take the situation seriously.
  • Understand that internal communications may later be scrutinized
  • Routine actions can be reinterpreted as obstruction
  • Document handling decisions may carry legal consequences
  • You have the right to consult counsel before responding to subpoenas or inquiries
  • Early legal guidance is critical. The period immediately after learning of an investigation is often when obstruction allegations arise.
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