18 U.S. Code § 1505 - Obstruction of Proceedings Before Departments, Agencies, and Committees
The federal government takes its investigative authority very seriously and seeks to protect the integrity of investigations conducted by government agencies up to and including congressional hearings.
Any attempt to obstruct these proceedings, either by withholding or compromising subpoenaed documentation or by other attempts to obstruct an investigation, is a serious crime under federal law defined under Title 18 U.S. Code 1505.
If convicted of violating this obstruction of justice law, you could face up to five years in prison and, in certain cases, up to eight years. This underscores the gravity of the offense and the need for strict adherence to the law.
18 U.S. Code 1505 says, "Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or
Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House or any committee of either House or any joint committee of the Congress-
Shall be fined under this title, imprisoned not more than five years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than eight years, or both."
What Does This Law Mean?
18 U.S.C. 1505 makes it illegal to obstruct or attempt to obstruct the due and proper administration of the law during proceedings before any department or agency of the United States or any inquiry or investigation conducted by Congress.
The statute specifically targets actions to avoid, evade, or prevent compliance with civil investigative demand (e.g., a subpoena).
Specifically, 18 U.S.C. 1505 makes it a federal crime to do either/both of the following:
- Willfully withholding, misrepresenting, removing, concealing, covering up, destroying, mutilating, altering, or falsifying any documentary material, answers to written interrogatories, or oral testimony; or
- Corruptly influencing, obstructing, or impeding (or attempting to do so) the administration of law or the exercise of inquiry power by threats, force, or other means.
What Factors Must Be Proven to Convict?
To secure a conviction under 18 U.S.C. 1505, the prosecution must establish the following elements of the crime beyond a reasonable doubt:
- Existence of an Investigative Proceeding: There is, or was, an ongoing proceeding, inquiry, or investigation before a federal department, agency, or any committee of Congress.
- Defendant's Knowledge: You were aware of the pending proceeding.
- Obstructive Action: You engaged in one or more of the obstructive actions outlined in the statute, such as withholding or falsifying documents or using threats or force and
- Corrupt Intent: You did so with corrupt intent, meaning the actions were taken with a wrongful purpose to disrupt, impede, or influence the proceeding. This 'corrupt intent' refers to a deliberate and dishonest motive to interfere with the investigation or proceeding rather than a legitimate or lawful purpose.
What are Some Examples?
EXAMPLE 1: Jerry, an employee at a federal agency, learns of an upcoming investigation into his department. Fearing personal repercussions, Jerry destroys relevant documents. This act of destruction, intending to impede the investigation, would likely constitute obstruction under 18 U.S.C. 1505.
EXAMPLE 2: Sandy is the CEO of a company under investigation for several federal violations. Before a scheduled hearing, Sandy arranges for an anonymous threatening message to be sent to one of the federal agency's offices, attempting to intimidate them into ceasing their investigation. Sandy can be charged with obstruction under 18 U.S.C. 1505.
EXAMPLE 3: John knowingly provides falsified documentation and testimony during a congressional committee hearing to mislead the committee and hinder the investigation. This corrupt action, intended to obstruct the proceeding, would fall under the scope of 18 U.S.C. 1505.
What Are Related Federal Laws?
18 U.S. Code Chapter 73 Obstruction of Justice has several related federal laws, including the following:
- 18 U.S.C. 1501 - Assault on a process server.
- 18 U.S.C. 1502 - Resistance to extradition agent.
- 18 U.S.C. 1503 - Influencing or injuring officer or juror generally.
- 18 U.S.C. 1504 - Influencing juror by writing.
- 18 U.S.C. 1505 - Obstruction of proceedings before departments, agencies, and committees.
- 18 U.S.C. 1506 - Theft or alteration of record or process; false bail.
- 18 U.S.C. 1507 - Picketing or parading.
- 18 U.S.C. 1508 - Recording, listening to, or observing grand or petit jury proceedings while deliberating or voting.
- 18 U.S.C. 1509 - Obstruction of court orders.
- 18 U.S.C. 1510 - Obstruction of criminal investigations.
- 18 U.S.C. 1511 - Obstruction of state or local law enforcement.
- 18 U.S.C. 1512 - Tampering with a witness, victim, or an informant.
- 18 U.S.C. 1513 - Retaliating against a witness, victim, or an informant.
- 18 U.S.C. 1514 - Civil action to restrain harassment of a victim or witness.
- 18 U.S.C. 1514A - Civil action to protect against retaliation in fraud cases.
- 18 U.S.C. 1515 - Definitions for certain provisions; general provision.
- 18 U.S.C. 1516 - Obstruction of federal audit.
- 18 U.S.C. 1517 - Obstructing examination of a financial institution.
- 18 U.S.C. 1518 - Obstruction of health care criminal investigations.
- 18 U.S.C. 1519 - Destruction, alteration, or falsification of records in Federal investigations and bankruptcy.
- 18 U.S.C. 1520 - Destruction of corporate audit records.
- 18 U.S.C. 1521 - Retaliating against a Federal judge or law enforcement officer by false claim or slander of title.
What are the 18 U.S.C. 1505 Penalties?
The penalties for obstructing a federal investigative proceeding can be severe. If you are charged with this crime and convicted, you could face:
- Up to $250,000 in fines and
- Up to five years in federal prison.
If the obstruction involves international or domestic terrorism, the maximum prison term increases to eight years. This increase in the maximum prison term is a reflection of the serious nature of terrorism-related offenses and the additional threat they pose to national security.
What are the 18 U.S.C. 1505 Defenses?
Despite the seriousness of criminal charges under U.S.C. 1505, a skilled federal criminal defense attorney can still employ multiple defense strategies to counter the charges, both before and during the trial, either to have the charges reduced/dismissed or to obtain a jury acquittal. Common defenses include:
- Lack of Knowledge: If your attorney can show that you were unaware of the investigation or proceeding in question when taking the action you took, you cannot be said to have obstructed the proceeding knowingly.
- Absence of Corrupt Intent: If your actions were not undertaken with corrupt intent but rather through negligence or mistake, this might serve as a defense. For example, perhaps you mistakenly provided falsified documents or testimony but were unaware that the information was false.
- No Obstructive Action: Your attorney might argue that you did not engage in any of the specific obstructive actions outlined in the statute can also be a viable defense. This might involve showing that the actions were misinterpreted or did not impede the proceeding.
- Constitutional Violations: If your rights were violated during the investigation or legal process, such as through unlawful searches or seizures, evidence obtained through these means may be inadmissible, potentially weakening the prosecution's case.
For additional information, contact Eisner Gorin LLP, a federal criminal defense law firm in Los Angeles, California.
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