wow, turns out that telling criminals that youre going to be looking for evidence in a few months isn’t actually a good idea. who could have guessed?
If you have the list of all documents before and after, you let the defendant do the discovery for you
of course they did, the penalty for getting caught destroying evidence is far, far less than the penalty for the price fixing they’re accused of. the law is designed to incentivize them to do this.
we could make it so that the penalty for destroying evidence in a court case once its been subpoenaed is twice the penalty of the original case, but we don’t. we could make CEOs responsible for the actions of their employees (after all, they’re quick to claim responsibility for the actions of their employees when those actions generate money), but we don’t.
It’s not though. It usually laxed but generally rules of procedure allow a judge to accept spoliation as proof of the crime they’re accused of.
It’s not going to stop until we start holding executives physically responsible for their crimes in disfiguring ways. “Why is the right half of your face missing, Bob?” “Insider trading” he writes on an index card because he’s been debarked.
I will only be surprised if someone actually ends up going to prison. More likely, the company will just get hit with a fine that’s just the cost of doing business.
Although Romney said, “Corporations are people too, my friend” you can’t throw Amazon in jail.
Closest they can do is a forced break up. A “Ma Bell” so to speak 🔔
I am sure they hired a fall guy.
Amazon now has to direct all managers watch a data retention video every year for the next five years, is allowed two years to roll this out, and can appeal in 3 years.
Seems like that would be illegal and they should be on trial. I wonder if I went into Amazon and started to destroy a PC or two would I be held accountable?
Not if you destroy the evidence that you destroyed a PC! /s
