Comment by mexicocitinluez
20 hours ago
> So if someone was doing insider trading, and the SEC came knocking, then immediately afterwards they start burning every document they have and microwaving their computers, do you think they should get off the hook?
Apples and oranges. They presumably already have some sort of evidence in order to get a warrant and are under criminal investigation.
According to the article the agents said it was just a normal part of screening.
>They presumably already have some sort of evidence in order to get a warrant and are under criminal investigation.
What if there was no warrant, and the SEC just came to ask questions?
If they came to ask questions, then they presumably already think I've committed a crime. This is not the same as randomly stopping someone and asking to see their phone.
A trucker passes a weigh station and is signaled to pull in. As he's pulling in, he's seen dumping the contents of a bottle onto the ground. Is this destruction of evidence or obstruction of justice? He's not under any investigation (trucks are regularly weighed at weigh stations as a matter of normal procedure).
A company is engaged in some white collar crime. They're tipped off that the DoJ launched an investigation on them. No warrants/subpoenas have been issued, and no investigators have shown up. The company instructs the IT team to scrub their email servers. Is this destruction of evidence or obstruction of justice?
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