Obstructing an official proceeding

Corruptly obstructing, influencing, or impeding an official proceeding is a felony under U.S. federal law. It was enacted as part of the Sarbanes–Oxley Act of 2002 in reaction to the Enron scandal, and closed a legal loophole on who could be charged with evidence tampering by defining the new crime very broadly.

This part of the Act later became known as a charge against defendants associated with the 2021 U.S. Capitol attack for attempting to obstruct that year's Electoral College vote count, as well as former President Donald Trump for broader alleged activities to obstruct the election. In June 2024, the Supreme Court ruled in Fischer v. United States that the statute could only be applied when the defendant impaired a physical document or object used in an official proceeding or attempted to do so, a higher bar for conviction than had been used in trials to that point.

The crime is codified as 18 U.S.C. § 1512(c)(2). The relevant subsection reads:

(c) Whoever corruptly—

shall be fined under this title or imprisoned not more than 20 years, or both.

The term "official proceeding" is defined in 18 U.S.C. § 1515(a)(1) to include proceedings before federal judges, Congress, federal government agencies, and regulators of insurance businesses.

The provision was enacted by Section 1102 of the Sarbanes–Oxley Act of 2002 as a reaction to the Enron scandal, where Enron's auditor Arthur Andersen had destroyed potentially incriminating documents. It added a new subsection to the Victim and Witness Protection Act of 1982, which had already defined the term "official proceeding" and used it in describing other crimes. In a signing statement, President George W. Bush stated that the term "corruptly" would be construed as requiring proof of a criminal state of mind, in order to avoid infringing on the constitutional right to petition.

Prior to the Sarbanes–Oxley Act, anyone who corruptly persuaded others to destroy, alter, or conceal evidence could be prosecuted, but the individuals actually performing the act, or individuals acting alone, could not be prosecuted. The new provision closed this loophole by defining the new crime very broadly. The case Arthur Andersen LLP v. United States, which was prosecuted under an older subsection of the law, resulted in Arthur Andersen's conviction being overturned by the Supreme Court in 2005 because flawed jury instructions did not account for that subsection's requirement that the action be taken not only "corruptly" but "knowingly".