Kendall Coffey: Obstruction Charges
Well, if they [the authorities] have evidence that anyone was intimidating a witness; we all know that is a crime. It’s a federal crime. And it comes up a lot. It’s one of the reasons attorneys tell clients, who are concerned about an investigation: “Don’t go talking to other witnesses. Don’t try to influence in one way or another because the Feds can charge that as a crime of obstruction and they often do.”
…But any kind of obstruction investigation must center on identifying an individually guilty actor. So, it’s not enough to talk about an atmosphere, you have to talk about what a specific individual did or said to intimidate a witness. And without that there is nothing the Feds can do about it other than raise the public consciousness and put it in a report.
From: Spinning the Law on the Steve Malzberg Show 3/5/15