Thursday, February 10, 2011

Destruction of Evidence

A nascent IT guy says to his colleague “Hey, these lawyers have their shorts in a bundle over this e-discovery thing. Besides I am not sure what destruction of evidence looks like.” The colleague giggles and says it’s like pornography, you will know when you see it” Are you sure, mutters nascent IT guy”.

Let me help

On February 9, the Wall Street Journal reported about ongoing insider trading scandal. According to the article one note stated “Just go into office…shred as much as u can”. The missive was sent by instant messaging. Well that would clearly be destruction of evidence if you had an obligation to preserve for a imminent or pending legal matter.

Then the article states “One of them allegedly ripped up his computer drives with pliers after the reading the Wall Street Journal report on the probe”. Ok, there is a imminent legal problem and that would be destruction or attempted destruction.

The fund manager who destroyed the computer later dumped the pieces in four separate garbage trucks around New York”… Does not look as it related to intent, now does it.

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