What Are the Consequences of Improper Document Destruction?
A company that destroys documents improperly could face serious penalties. Criminal sanctions for obstruction of justice under Title 18 of the United States Code Sections 1503 and 1505 can be imposed where documents under subpoena or relevant to a government investigation are destroyed. Criminal sanctions may also be imposed for the destruction or alteration of documents for use in “official proceedings” under Title 18 of the United States Code Section 1512(b)(2). Importantly, this statute does not require that an “official proceeding” actually be pending at the time of the destruction. Companies that destroy documents that are responsive to a discovery order could face a variety of penalties under Federal Rule of Civil Procedure 37, including striking of pleadings, presumption of established facts against the party and monetary sanctions. Finally, under the spoliation doctrine, when a party fails to produce documents that a reasonable person would be able to produce, the court may all
