Thursday, November 15, 2007
The Eleventh Circuit affirmed the conviction of an attorney for violation of: 1) 18 U.S.C. Sec. 1512 (c)(2) ("attempting to obstruct a grand jury investigation") and 2) a conspiracy under section 371 and 1505 ("conspiring to obstruct a Securities and Exchange Commission."). The court rejected the defendant's claim that "he was entitled to the benefit of the safe harbor provision of 18 U.S.C. s 1515(c)" ("This chapter does not prohibit or punish the providing of lawful, bona fide, legal representation services in connection with or anticipation of an official proceeding.") The court noted that "the jury was instructed to consider whether or not the government had disproved this affirmative defense beyond a reasonable doubt."
Opinion - Download 200611212.pdf