Federal Obstruction of Justice & Witness Tampering in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Section 1503: The Omnibus Clause and Jurors

Obstruction, omnibus clause (Pattern Instr. O58.1, Elements). The Government must prove there was a proceeding before the court, a magistrate judge, or a grand jury, and you knowingly tried to influence, obstruct, or impede the due administration of justice in that proceeding, either corruptly or by threats, force, or a threatening letter or communication. "Corruptly" means acting voluntarily, deliberately, and dishonestly, with the specific intent to sway, change, or prevent some action likely to be taken in the proceeding. The proceeding need not actually have been affected, but the natural and probable effect of your acts must be to sway, change, or prevent such an action.

Corruptly influencing a juror (O58.2, Elements) and threatening a juror (O58.3, Elements). The person was a grand or trial juror; you knowingly tried to influence, intimidate, or impede the juror, corruptly (O58.2) or by threats, force, or a threatening communication (O58.3). Success is not required.

Penalties (§ 1503): up to 10 years; up to 20 years for an attempted killing, or if the offense was against a trial juror in a case where a class A or B felony was charged. A killing is punished under the federal murder and manslaughter laws.

Section 1512: Witnesses

Killing a witness (O59.1, Elements): the person was a witness or scheduled witness; you killed or tried to kill the witness; and you acted knowingly, intending to prevent the witness from attending or testifying.

Tampering with a witness (O59.2, Elements): the person was a witness or scheduled witness; you used intimidation, physical force, or threats against that person; and you acted knowingly, intending to influence, delay, or prevent the testimony. To "intimidate" is to say or do something that would make an ordinary person fear bodily harm.

Section 1512 also covers corruptly persuading or misleading a witness, getting someone to withhold or destroy records, corruptly destroying or concealing evidence for use in an official proceeding, and otherwise corruptly obstructing an official proceeding. The proceeding does not have to be pending yet.

Penalties (§ 1512): a killing is punished under the federal murder and manslaughter laws; attempted murder or the use or attempted use of physical force, up to 30 years; a threat of physical force, intimidation, corrupt persuasion, misleading conduct, or corruptly destroying evidence or obstructing a proceeding, up to 20 years; intentional harassment that hinders or dissuades a witness, up to 3 years. A conspiracy carries the same penalty. When either statute is violated in connection with a criminal trial, the maximum can rise to the highest penalty for any offense charged in that trial (under § 1503, when force or a threat of physical force is involved).

Affirmative defense: it is a defense under § 1512, which the defendant must prove by a preponderance of the evidence, that the conduct was solely lawful and the only intention was to encourage the person to testify truthfully.

Defense Themes

• Intent. Talking to a witness is not a crime. Corrupt intent, intimidation, or a threat must be proved.
• The link to a proceeding. Under the § 1503 instruction, the Government must prove a proceeding before the court or a grand jury, and that you tried to obstruct that proceeding.
• Context. Texts and calls are often read out of context.
• The truthful-testimony defense under § 1512.

Related: Witness Tampering (Florida), Tampering with Evidence, Perjury, Federal Murder.

What to Do First

1. Stop all contact with witnesses, co-defendants, and jurors about the case.
2. Don't delete anything. Deleting can become its own charge.
3. Call us before any interview.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Can I be charged even if the witness never changed their story?

Yes. The Government does not have to prove the testimony actually changed.

There was no case filed yet. Does § 1512 still apply?

Yes. The statute says the official proceeding need not be pending or about to begin.

I only told a friend to tell the truth.

Encouraging truthful testimony through lawful conduct is an affirmative defense under § 1512.