Also known as: obstruct justice · obstructs justice · obstructed justice · obstruction of justice
Written by attorneys · grounded in primary & secondary sources — see below
A common-law misdemeanor committed by soliciting another to engage in conduct that obstructs justice. The offense is complete upon the making of a solicitation with specific intent that the solicited person commit the obstructive act.
Orion Orlov, a mid-level administrator, met privately with Odilia Okamura and offered to support her promotion if she temporarily misplaced developer files tied to pending hearings. Odilia reported the conversation without acting. Orion's statements satisfied the elements of solicitation to obstruct justice because they urged concealment with the purpose that the act occur.
Omar Olson was convicted by a jury on drug charges. At sentencing the judge found by a preponderance that Omar had obstructed justice by hiding additional evidence. The finding raised the guideline range and produced a longer sentence than the jury facts alone would have allowed.
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Olivia Owens testified before a grand jury about a machine-gun kit. Prosecutors charged her with perjury, false statements, and obstructing justice after the jury found the testimony false. The obstruction count rested on the same conduct that supported the perjury conviction.
Oscar Ortiz, a partner at a consulting firm, directed employees to alter and withhold audit documents after learning of a federal investigation. The government charged the firm with corruptly persuading others to impede an official proceeding. The directive supplied the actus reus for the obstruction offense.
Olga O'Neill, a reporter, leaked nonpublic information to traders who then bought securities. Prosecutors alleged the scheme obstructed justice by concealing material facts from the market and regulators. The concealment element turned on whether the tippers intended to impede enforcement of the securities laws.
Optima Health submitted false invoices to a client and then concealed the scheme through sham transactions. The client sued under RICO, alleging the concealment constituted obstruction of justice as a predicate act. The court examined whether the acts were part of a pattern that injured the plaintiff's business.
No. The offense is complete the moment the defendant makes the solicitation with specific intent that the person commit the obstructive conduct. Neither agreement nor any step toward the crime is required.
No. Culpability is measured by the circumstances as the solicitor believed them to be, even if the solicited act could not in fact succeed.
No. Once the solicitation is made, subsequent withdrawal ordinarily provides no defense because the offense is already complete.
Only when the speech creates a clear and present danger of serious interference with the administration of justice. Robust criticism of the judicial system is otherwise protected by the First Amendment.
…an indictment charging seven named individuals with various offenses, including conspiracy to defraud the United States and to obstruct justice. Although not designated in the indictment, the grand jury named the President among others as an unindicted co-conspirator. On April 18, 1974, upon motion of the Special Prosecutor, a…