Comment Re:for the wrong reasons (Score 1) 135
Perhaps you mean:
http://www.aiim.org/Infonomics/ArticleView.aspx?id=30580
Stiff sanctions have been awarded against parties who fail to meet their production obligations and criminal prosecutions are possible for deliberate attempts to interfere with federal investigations or administrative proceedings. (7)
7. See, e.g. Coleman (Parent) Holdings, Inc. v. Morgan Stanley, Inc., 2005 WL 674885 (Fla. Cir. Ct. March 23, 2005) (entering default judgment based on, iner alia, failure to timely produce relevant email); In re Prudential Ins. Co. of Am. Sales Practice Litig., 169 F.R.D. 598 (D. N.J. 1997) (imposing fine for failure to adequately act to preserve email). In addition, as part of the enactment of the Sarbanes-Oxley Act of 2002, Congress stiffened existing law and added new criminal penalties if one knowingly alters or destroys documents with the intent to impede a federal investigation or proceeding or "in relation to or contemplation of such matter or case." 18 U.S.C.A. 1519 (2002).