Even the most na�ve of witnesses typically understands that lying to a prosecutor, FBI agent or regulator is a crime. What even sophisticated witnesses don’t tend to know, however, is that lying to private attorneys can also lead to criminal prosecution. Recent developments confirm that the U.S. Department of Justice views the obstruction of justice laws as reaching conduct that many had considered to be without criminal consequence.
In September 2004, a grand jury in the Eastern District of New York indicted Sanjay Kumar and Stephen Richards, the former chief executive officer and head of worldwide sales at Computer Associates International Inc. Five months earlier, prosecutors had persuaded three other Computer Associates executives to plead guilty to a novel obstruction of justice charge, predicated on statements the executives had made to company counsel in the course of an internal investigation. Now the government had advanced that same theory to indict Kumar and Richards, both of whom seemed prepared to challenge it.
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