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United States v. Lundwall

1 F. Supp. 2d 249 (1998)

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United States v. Lundwall

United States District Court for the Southern District of New York
1 F. Supp. 2d 249 (1998)

  • Written by Sharon Feldman, JD

Facts

Richard Lundwall and Robert Ulrich (defendants) were officers of Texaco, Inc. A civil class-action employment-discrimination lawsuit was filed against Texaco. The Texaco legal department informed Ulrich and other Texaco officers about the lawsuit and advised them to retain relevant documents. When Lundwall was deposed in the class-action suit, the attorney taking the deposition requested on the record that Lundwall produce certain documents. The request for documents was reiterated in a follow-up letter. Lundwall and Ulrich were given responsibility for collecting responsive documents for production. Lundwall and Ulrich withheld and destroyed documents required to be produced in the civil lawsuit and were indicted for obstruction of justice in violation of 18 U.S.C. § 1503. Lundwall and Ulrich moved to dismiss the indictment, arguing that the obstruction-of-justice statute does not apply to the destruction or concealment of documents during civil discovery.

Rule of Law

Issue

Holding and Reasoning (Parker, J.)

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