Saturday, July 28, 2007

Dismissal Sought in Case Against Attorney Charged With SOX Obstruction

Michael Regan of the Hartfield Courant reports on a bizarre case being brought by federal prosecutors in Connecticut.  The case charges obstruction against an attorney for acts related to his representation of his client.  Prosecutors brought the matter using the post-Enron SOX amendments on destruction of evidence. 

The Connecticut Criminal Defense Lawyers Association is actively opposing the government's aggressive posture of proceeding against an attorney who allegedly destroyed a computer that contained alleged child pornography. The attorney was faced with the dilemma of retaining contraband or voiding an attorney-client privilege.  He is alleged to have destroyed the contraband. One has to wonder if Congress intended this type of application when they passed the SOX amendments.  On Friday the court heard the defendant's motion to dismiss the action.

(esp) (w/ a hat tip to Ross Garber)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2007/07/dismissal-sough.html

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