E-Discovery Holds Strategies for Criminal Defense

Warren Kruse (@warren_kruse) tweeted a link to an article which should be of particular interest to criminal defense attorneys. The Law.com / New York Law Journal article is subtitled, "Clarifying the government's obligations for the preservation and production of ESI," and it comments on the recent decisions in United States v. Suarez.  Below is an excerpt from the article that might draw your attention:

Although only the Suarez jury will know the impact of the adverse inference instruction, the October 2010 acquittal of Suarez of all the charges, and his co-defendant of some, may indicate that it was quite significant. Notably, Suarez was the first acquittal on federal corruption charges in New Jersey in over a decade. Suarez may signal that civil retention and preservation obligations apply in the criminal context.

Click here to read full article.