Obstruction of investigation refers to actions like falsifying evidence, tampering with witnesses, or refusing to comply with subpoenas—any efforts to interfere with an official investigation. These additional charges can complicate the defense strategy, leading to more severe penalties.
At Griffin Durham Tanner & Clarkson LLC, our Atlanta white collar criminal defense lawyers specialize in defending clients who face white-collar crime allegations and obstruction charges. In this blog, we’ll dive into the impact of obstruction charges on a case, the legal framework behind them, and how our expertise can provide the strong defense you need.
What is obstruction of investigation?
Obstruction of investigation occurs when an individual knowingly interferes with a government investigation or legal proceeding. This charge can arise in various contexts, particularly in white-collar crime cases where individuals or businesses may attempt to hide evidence, influence witnesses, or hinder an investigation to avoid criminal liability.
Some common examples of obstruction of investigation in white-collar crime cases include:
- Destroying or altering financial records
- Providing false or misleading information to investigators
- Intimidating or bribing witnesses
- Refusing to produce documents requested by subpoena
Obstruction charges are taken seriously because they threaten the integrity of the legal process. Federal law under 18 U.S.C. § 1505 prohibits obstruction of agency investigations and proceedings, while O.C.G.A. § 16-10-24 in Georgia criminalizes obstruction of law enforcement officers.
How obstruction of investigation complicates white-collar crime cases
Being charged with obstruction of investigation can drastically complicate a white-collar crime case in several ways.
1. Additional criminal charges and penalties
In a white-collar crime case, facing obstruction charges adds another layer of criminal liability. Even if the underlying crime, such as fraud or embezzlement, is successfully defended, a conviction for obstruction could still lead to significant penalties. Federal law imposes stiff penalties for obstruction, including fines and imprisonment of up to five years.
Moreover, obstruction charges can result in harsher sentencing if the individual is convicted of the underlying white-collar crime. Courts may view attempts to interfere with the investigation as aggravating factors, leading to more severe punishment.
2. Weakened credibility and defense
An obstruction charge can damage the defendant’s credibility and defense strategy. In white-collar cases, where credibility and evidence are already crucial, allegations of obstruction suggest the defendant has something to hide. This can weaken their defense, making it harder to convince the court or jury of their innocence or that they acted in good faith.
For example, if a defendant is accused of obstructing an investigation by altering financial records, it can doubt the validity of other documents they present in their defense. As a result, the defense team must work even harder to rebuild the client’s credibility.
3. Increased government scrutiny
Once a defendant is charged with obstruction of investigation, it often leads to increased scrutiny by the prosecution and investigating agencies. Authorities may broaden the scope of their investigation, looking into other potential illegal activities or financial misdeeds that they would not have otherwise explored. This can result in new charges being added, complicating the legal strategy and increasing the risk of conviction on multiple counts.
For instance, what begins as a simple fraud investigation could escalate into a broader investigation into tax evasion, money laundering, or conspiracy charges if obstruction is involved.
Defending against obstruction of investigation charges with Griffin Durham Tanner & Clarkson LLC
At Griffin Durham Tanner & Clarkson LLC, we understand how obstruction charges can complicate white-collar crime cases and increase the stakes for our clients. Our experienced attorneys are skilled in handling both types of charges, providing comprehensive defense strategies tailored to each case.
Key elements of our defense approach include the following.
1. Challenging the validity of the obstruction charge
In many cases, the prosecution may overreach by alleging obstruction where no intentional interference occurred. Our attorneys carefully scrutinize the evidence to challenge whether the defendant’s actions genuinely meet the legal definition of obstruction. For example, we may argue that the alleged obstruction was a misunderstanding or that the defendant was acting under legal advice.
2. Minimizing exposure to additional penalties
We negotiate with prosecutors and respond strategically to investigations to limit our clients’ exposure to additional criminal charges. If obstruction charges are unavoidable, we focus on minimizing the potential penalties through plea negotiations or alternative sentencing strategies, such as probation or fines, rather than imprisonment.
3. Preserving credibility and defending the underlying charges
Our defense team is adept at separating obstruction charges from the core white-collar crime accusations. By building a strong defense for the underlying case and mitigating the impact of the obstruction charges, we help protect our clients’ credibility and reduce the overall risk of conviction.
How to avoid obstruction charges in white-collar crime investigations
One of the best ways to avoid obstruction of investigation charges is to understand your legal rights and responsibilities when under investigation fully. At Griffin Durham Tanner & Clarkson LLC, we advise our clients to:
- Consult with an attorney: Before responding to investigators or producing documents, always consult legal counsel to protect your rights.
- Cooperate within legal boundaries: While cooperation is often beneficial, knowing the line between it and self-incrimination is essential.
- Avoid altering or destroying evidence: Even seemingly minor document changes can lead to obstruction charges.
- Maintain clear communication: Work closely with your attorney to ensure compliance when responding to subpoenas or document requests.
We help protect your rights when facing obstruction of investigation charges
Obstruction of investigation can severely complicate white-collar crime cases by adding criminal liability, weakening defenses, and increasing scrutiny. At Griffin Durham Tanner & Clarkson LLC, we are committed to providing strong, strategic defense for clients facing these complex charges. Our expertise in white-collar crime and obstruction cases allows us to guide clients through the legal process and protect their rights at every stage.
If you face charges of obstruction of investigation or any white-collar crime, contact us at (404) 891-9150 for expert legal representation.