United States v. Katakis, No. 14-10283 (9th Cir. 2015)
Annotate this CaseDefendant was convicted of obstruction of justice after his bank records were subpoenaed in connection with an investigation to rig bids and he installed a program designed to wipe hard drives clean of all information. The Government appealed the district court’s order granting defendant’s Fed. R. Crim. P. 29 motion where the district court held that the evidence was insufficient to support the jury’s verdict. The court concluded that there was no evidence, direct or circumstantial, that the emails in question were in fact double deleted. The court also concluded that the evidence was insufficient to convict defendant for single deleting emails where the factual circumstance demonstrate that pressing the delete key in this context serves only to move an email from one file folder to another. Accordingly, the court affirmed the judgment.
Court Description: Criminal Law. The panel affirmed the district court’s order granting Andrew Katakis a judgment of acquittal after a jury convicted him of obstruction of justice, in violation of 18 U.S.C. § 1519, in a case in which Katakis, after learning that federal authorities had subpoenaed his bank records in connection with an investigation into a scheme to rig bids at foreclosure auctions, installed onto his home computer a program designed to wipe hard drives clean of all information. The panel affirmed because the evidence was insufficient to show that Katakis actually deleted electronic records or files, and because proving that Katakis moved emails from an email client’s inbox to the deleted items folder does not demonstrate Katakis actually concealed those emails within the meaning of § 1519.
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