Jane Simms had a number of files on her computer that consisted of drafts of speeches that her supervisor had planned to give at an industry conference.Jane had a problem with many of her files being destroyed when she upgraded her operating system.Her supervisor did not give his speech at the industry conference,but was subsequently indicted,along with others in the industry,for price-fixing.The Justice Department has subpoenaed Jane's computer files,and Jane explains that the files no longer exist.Jane has been charged with a violation of 18 U.S.C.§ 1519 for destroying "records and documents".Which of the following statements is correct?
A)Jane cannot be charged because the speeches were not hers.
B)Whether Jane can be charged is controlled only by the language of the statute.
C)Jane cannot be charged because computer files are different from "records and documents".
D)A court determines whether the statute applies to Jane.

Question

​Jane Simms had a number of files on her computer that consisted of drafts of speeches that her supervisor had planned to give at an industry conference.Jane had a problem with many of her files being destroyed when she upgraded her operating system.Her supervisor did not give his speech at the industry conference,but was subsequently indicted,along with others in the industry,for price-fixing.The Justice Department has subpoenaed Jane's computer files,and Jane explains that the files no longer exist.Jane has been charged with a violation of 18 U.S.C.§ 1519 for destroying "records and documents".Which of the following statements is correct?
A)​Jane cannot be charged because the speeches were not hers.
B)​Whether Jane can be charged is controlled only by the language of the statute.
C)Jane cannot be charged because computer files are different from "records and documents".
D)A court determines whether the statute applies to Jane.

Quizplus · Accepted Answer

The language of the statute applies to "any record, document, or tangible object" and there is no distinction made between whether the material belongs to the defendant or not. Additionally, computer files are considered to be "records and documents" under the statute. Therefore, it is up to a court to determine whether the statute applies to Jane's situation.

​Jane Simms Had a Number of Files on Her Computer

Jane Simms Had a Number of Files on Her Computer