Trying to avoid antitrust suits, Google systematically told employees to destroy messages, avoid certain words and copy the lawyers as often as possible.
Nah it’s illegal to deliberately destroy data to impede investigations. You don’t need to have an open investigation for that to be the case.
It remains legal to get rid of old files to free up space or if you genuinely believe they aren’t necessary, though, so you need to prove intent.
If there’s a subpeona or something, their destruction is itself a crime, but under this law, its the intent to defraud the courts that’s illegal, and that intent is always illegal.
The law exists specifically for this situation. Purging important business documents preemptively is clearly not OK.
Just to add, if it’s found that evidence was destroyed, beyond potential seperate charges for the destruction itself, a judge would also typically give an averse inference instruction to the jury. That means the jury should assume that the destroyed evidence would have been damning to whomever destroyed it.
What that tells me is, assuming google acted rationally in the destruction, either they think they have a reasonable chance that they can beat the evidence destruction charges, or that the evidence is so damning that the reality of the situation is considerably worse than whatever adverse inferences might be drawn.
(I am not a lawyer, so please take my interpretation with a large grain of salt.)
I’ve always wondered, is this illegal? Like obviously it is if they’ve already been subpoenaed or something.
Nah it’s illegal to deliberately destroy data to impede investigations. You don’t need to have an open investigation for that to be the case.
It remains legal to get rid of old files to free up space or if you genuinely believe they aren’t necessary, though, so you need to prove intent.
If there’s a subpeona or something, their destruction is itself a crime, but under this law, its the intent to defraud the courts that’s illegal, and that intent is always illegal.
The law exists specifically for this situation. Purging important business documents preemptively is clearly not OK.
Citation: https://legalclarity.org/18-u-s-c-1519-destruction-alteration-or-falsification-of-records/
Just to add, if it’s found that evidence was destroyed, beyond potential seperate charges for the destruction itself, a judge would also typically give an averse inference instruction to the jury. That means the jury should assume that the destroyed evidence would have been damning to whomever destroyed it.
What that tells me is, assuming google acted rationally in the destruction, either they think they have a reasonable chance that they can beat the evidence destruction charges, or that the evidence is so damning that the reality of the situation is considerably worse than whatever adverse inferences might be drawn.
(I am not a lawyer, so please take my interpretation with a large grain of salt.)
It’s white collar crime. They’ll pay a fine which will mean nothing to them, and nobody will go to jail. That’s how it works.