What is the current state of the law in relation to Section 1512 of the Criminal Code?

MultiRegion, United States of America

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,

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