Can a witness be found guilty of obstructing the course of justice under section 1515(a)(4) of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from U.S.A v. Gjini, 09-1736-cr(L), 09-3466-cr(CON), 09-3530-cr(CON) (2nd Cir. 2011):
1515(a)(4). In United States v. Draper, we clarified that, even if it is established that the information the witness divulged "to law enforcement authorities [related to] a federal offense," the statute requires proof of a further element, namely, that those law enforcement authorities "were federal agents." 553 F.3d 174, 180 (2d Cir. 2009).
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