Federal Obstruction of Justice Defense Lawyer
Facing a federal obstruction of justice charge is a serious legal matter. Federal prosecutors aggressively pursue obstruction allegations because they are designed to protect the integrity of investigations, court proceedings, and the administration of justice.
If you are under investigation or have been charged with obstruction of justice, early intervention by an experienced federal criminal defense lawyer can significantly affect the outcome of your case.
Federal obstruction statutes apply to investigations, grand jury proceedings, trials, sentencing hearings, congressional inquiries, and agency proceedings.
Even conduct that occurs before formal charges are filed can trigger federal prosecution.
Your best hope for a favorable outcome is with an experienced criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.
The cost of hiring a good federal criminal defense attorney varies depending on factors like the complexity of your case, the amount of evidence involved, the experience level of your legal team, whether your case can be settled before trial, and the location where your case is tried.
What Is Federal Obstruction of Justice?
Obstruction of justice generally means intentionally interfering with, impeding, or influencing a federal investigation or court proceeding.
Federal obstruction laws are primarily found in Title 18 of the United States Code and are designed to protect:
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Civil investigations
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Grand jury proceedings
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Congressional hearings
An obstruction charge often arises when prosecutors believe someone attempted to conceal wrongdoing, destroy evidence, influence testimony, or interfere with judicial officers.
Receiving a federal grand jury subpoena can be alarming. It usually means the government is conducting a criminal investigation and believes you may have information, documents, or testimony relevant to the case.
Under 18 U.S.C. § 1510, federal prosecutors may charge individuals with obstructing a corporate investigation for interfering with communications to federal investigators, pressuring witnesses, or attempting to hinder the flow of information during an inquiry.
Common Types of Federal Obstruction Charges
Federal obstruction is a broad category that includes multiple statutes. The most commonly charged offenses include:
Falsifying, Destroying, or Concealing Records
Under 18 U.S.C. § 1519, it is a federal crime to knowingly alter, destroy, conceal, or falsify any document or tangible object with the intent to impede or influence a federal investigation.
A conviction under this statute can carry a sentence of up to 20 years in federal prison.
Prosecutors must prove:
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The document or tangible object was relevant to a federal matter
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The defendant acted knowingly
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The defendant acted with specific intent to obstruct or influence an investigation
A tangible object includes physical evidence, digital records, electronic files, storage devices, and business records.
Witness Tampering
Under 18 U.S.C. § 1512, witness tampering includes:
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Using or threatening physical force
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Harassing or intimidating a witness
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Corruptly persuading someone to change testimony
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Bribing a witness to delay or avoid appearing in court
In severe cases, such as killing a witness to prevent testimony, penalties may include life imprisonment.
Prosecutors must establish that the defendant acted knowingly and with corrupt intent to influence, delay, or prevent testimony or communication with law enforcement.
Influencing a Juror or Court Officer
Under 18 U.S.C. § 1503, it is illegal to influence, intimidate, or impede a juror, judge, or court officer.
This statute applies to:
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Written communications to jurors
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Attempts to bribe jurors
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Harassment of jurors or their family members
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Efforts to interfere with judicial decision-making
The government must prove there was a deliberate act directed toward influencing the proceeding.
Obstruction of Proceedings Before Federal Agencies or Congress
Under 18 U.S.C. § 1505, obstruction includes interfering with proceedings before federal departments, agencies, or congressional committees.
This may include:
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Withholding subpoenaed documents
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Providing false testimony
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Concealing records
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Interfering with agency investigations
Retaliation Against Witnesses or Officials
Under 18 U.S.C. § 1513 and 18 U.S.C. § 1521, retaliation against witnesses, victims, judges, or law enforcement officers is a federal offense.
Retaliatory conduct may include threats, harassment, or acts of violence after someone cooperates with authorities.
What Must the Government Prove?
Most federal obstruction charges require proof beyond a reasonable doubt that:
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There was a pending or reasonably foreseeable federal proceeding
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The defendant knew about the proceeding
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The defendant acted with specific intent to obstruct, impede, or influence it
Intent is often the central issue in obstruction cases. The government must show more than accidental destruction or routine business activity.
Related Legal Topics
- Federal tax evasion involving offshore accounts is the willful attempt to defeat or evade the assessment of a tax, often resulting in severe statutory penalties and permanent reputational damage.
- For pharmaceutical executives, federal obstruction of justice can occur when internal communications or clinical data are deleted during an ongoing or anticipated investigation by the Food and Drug Administration (FDA) or the Department of Justice (DOJ).
- Contempt of court involves disrespect toward the court and legal procedures. Under 18 U.S.C. § 401, federal contempt of court charges can result in immediate imprisonment, hefty fines, coercive detention, and serious reputational damage.
- A subpoena ad testificandum is a powerful legal tool used in civil and criminal cases to compel a person to appear and testify under oath.
Possible Defenses to Federal Obstruction Charges
Every obstruction case is fact-specific. Potential defenses may include:
Lack of Intent
If the government cannot prove corrupt or specific intent, the charge may fail.
For example, routine document destruction policies may not constitute obstruction if there was no knowledge of a pending investigation.
No Pending or Foreseeable Proceeding
In some cases, the defense may argue that no official federal matter was pending or reasonably foreseeable at the time of the alleged conduct.
Insufficient Evidence
Federal cases often rely on circumstantial evidence, digital records, or cooperating witnesses. Challenging credibility and evidentiary gaps can be critical.
Constitutional Violations
Evidence obtained through unlawful searches, seizures, or interrogations may be subject to suppression.
What Are the Penalties for Federal Obstruction of Justice?
Penalties vary depending on the statute charged but may include:
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Up to 5 years in prison for certain obstruction offenses
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Up to 20 years for evidence destruction under 18 U.S.C. § 1519
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Substantial fines
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Supervised release
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Sentencing enhancements under the Federal Sentencing Guidelines
Obstruction charges are often added to underlying criminal cases, increasing sentencing exposure significantly.
Why Obstruction Charges Are Taken So Seriously
Federal authorities prioritize obstruction cases because they believe interference threatens the integrity of the justice system.
Investigations involving corporate fraud, public corruption, healthcare fraud, securities fraud, and other white-collar offenses frequently include obstruction allegations when prosecutors believe someone attempted to conceal information.
Because obstruction charges often hinge on intent, statements made to investigators can become critical evidence.
Frequently Asked Questions About Federal Obstruction of Justice
What qualifies as obstruction of justice under federal law?
Obstruction generally involves intentionally interfering with a federal investigation, court proceeding, or agency matter by, for example, destroying evidence, influencing witnesses, or providing false information.
Can you be charged with obstruction even if no one is convicted of the underlying crime?
Yes. Obstruction of justice is a standalone federal offense and does not require a conviction on the underlying investigation.
Is shredding documents always an obstruction?
No. Routine document destruction is not illegal unless it is done with the intent to obstruct a pending or foreseeable federal investigation.
What is the maximum penalty for federal obstruction of justice?
Penalties vary, but some obstruction statutes carry maximum sentences of up to 20 years in federal prison.
Can obstruction charges be dropped?
Charges may be dismissed if the defense successfully challenges intent, evidentiary sufficiency, or constitutional violations.
Speak With a Federal Obstruction of Justice Defense Lawyer
If you find yourself under federal investigation, it is essential to act swiftly, strategically, and within the law to protect your assets.
If you are under federal investigation or have been charged with obstruction of justice, you should immediately consult experienced federal defense counsel.
Eisner Gorin LLP represents clients in Los Angeles and throughout the United States facing serious federal criminal charges.
Federal prosecutors devote substantial resources to obstruction cases. Early strategic representation can affect charging decisions, pretrial detention, plea negotiations, and trial strategy.
18 U.S.C. § 6002 establishes the framework for the use of immunity agreements in federal proceedings.
If you or a loved one is facing obstruction allegations, contact the firm for a confidential consultation to discuss your defense options.