The following excerpt is from Levin v. Modi (In re Firestar Diamond, Inc.), 18-10509 (SHL), Adv. 19-01102 (SHL) (Bankr. S.D.N.Y. 2021):
Section 1512 broadly criminalizes "knowingly us[ing] intimidation, threaten[ing], or corruptly persuad[ing]" a witness with intent to delay or prevent the witness's testimony, or "attempt[ing] to do so." 18 U.S.C. 1512(b). The statute also criminalizes "corruptly . . . obstruct[ing], influenc[ing], or imped[ing] any official proceeding, or attempt[ing] to do so." Id. 1512(c)(2). "In order to prove obstruction of justice in violation of [S]ection[s] 1512(c)(2) [or (b)(2)], 'the government must show that there was a "nexus" between the defendant's conduct and the pending, or foreseeable, official proceeding.'" United States v. Pugh, 945 F.3d 9, 21 & n.4 (2d Cir. 2019) (quoting United States v. Martinez, 862 F.3d 223, 237 (2d Cir. 2017)). "[T]he existence of a nexus between [a defendant's] action and the proceeding does not depend on the defendant's knowledge . . . . Rather, the existence of a nexus, for obstruction-of-justice purposes,
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.