Rambus (RMBS)

[smd1234]

The criminal statute sets the standard in words we can all agree on, although the case turns on the meaning of those words.
Bear in mind that the RMBS spoliation/unclean hands issues all involve judge-made law, so the target "wording" is less of a target and much fuzzier.

Also, AA's setting is crimnal prosecution where, as noted on the bottom of page 6, the courts exercise restraint assessing "the reach" of the statute in part out of a concern to give "fair warning."

Your find is interesting nonetheless.
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need for a nexus between the document destruction and a "particular proceeding." <i/>