Case library · Night Session
Follow the Retention Policy
Arthur Andersen LLP v. United States (2005)
Charge: Corruptly persuading others to withhold documents from an official proceedingCourt: Supreme Court of the United StatesState: TexasDocket: Night Session
The facts
A large accounting firm's biggest client was collapsing and regulators had begun asking questions. The firm's in-house lawyer emailed a partner suggesting he remind the audit team of the firm's document retention policy. On a crisis call she told everyone to follow the policy. The partner in charge handed the policy out at team meetings and urged compliance. Much paper and electronic material was then destroyed. When the subpoena arrived, his secretary emailed: no more shredding. The firm was charged with corruptly persuading staff to withhold documents. It says it believed it was acting lawfully.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: Arthur Andersen LLP v. United States, 544 U.S. 696 (2005)
Read more at supreme.justia.com. The source reveals the outcome.