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Tuesday, February 8, 2011

Destroy Evidence, Go Directly To Jail?

The new federal criminal insider trading charges against three hedge fund managers and one hedge fund analyst include some juicy allegations of hilarious attempts to destroy allegedly incriminating evidence.

Questions:

Since when did it become a federal crime to chop up -- or throw away -- your computer hard drive? (Especially if there was no cease and desist order or outstanding subpoena.)

Is throwing out the trash now potentially a federal crime? After all, one never knows what the federal government will consider to be evidence of a crime?

Eric Dixon is a New York lawyer who investigates complex matters and helps people deal with the stress of being sued, investigated or prosecuted.  Mr. Dixon can be reached via e-mail at edixon@NYBusinessCounsel.com and by phone at 917-696-2442.

 

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