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> Prosecutors say Holmes purposefully frustrated the government's effort. An email from Holmes' attorneys included the password, but failed to mention the priva
by cantrevealname 5y ago
> Prosecutors say Holmes purposefully frustrated the government's effort. An email from Holmes' attorneys included the password, but failed to mention the private key ... before destroying the original database.
If this was done purposefully as the prosecutors claim, how is this not an additional crime of destroying evidence or failing to respond to a subpeona?
- nwiswell 5y agoIt may well be a separate crime, but it's up to the prosecutors what charges they want to pursue at trial. Maybe they are confident enough to assert this is what happened but don't think they could meet the burden of proof before a jury.
- sleepybrett 5y agoIt seems like if you are on trail for crime x and you destroy evidence of crime x.. well it must have been the worst version of crime x and you should get the maximum sentence for crime x.
- atatatat 5y agoThat's how losing your toll card works! If only our entire society worked that way! Utopia!
- nickff 5y agoThe most applicable law which I can imagine being relevant here would be the anti-shredding provision of Sarbanes-Oxley, and I'm not sure it applies here. It's also possible that she will be charged with something in the future, https://www.law.cornell.edu/uscode/text/18/1519 https://www.law.cornell.edu/uscode/text/18/1519
- beervirus 5y agoCould also fall under contempt if she intentionally did this under subpoena.