Witness intimidation

Witness tampering is the act of attempting to alter or prevent the testimony of witnesses within criminal or civil proceedings. Laws regarding witness tampering also apply to proceedings before Congress, executive departments, and administrative agencies. To be charged with witness tampering in the United States, the attempt to alter or prevent testimony is sufficient. There is no requirement that the intended obstruction of justice be completed.

In situations where intimidation or retaliation against witnesses is likely (such as cases involving organized crime), witnesses may be placed in witness protection to prevent suspects or their colleagues intimidating them.

In the United Kingdom, witness intimidation is covered by Criminal Justice and Public Order Act 1994, section 51. Under this act it is an offence to perform an act which is intended to and does intimidate a person who the offender knows or believes to be involved with a criminal case with the intention of disturbing the proceedings.

In the United States, the crime of witness tampering in federal cases is defined by statute at 18 U.S.C. § 1512, "Tampering with a witness, victim, or an informant". The punishment for such an offense is up to 20 years if physical force was used or attempted, and up to 10 years if physical force was only threatened. The tampering need not have actually been successful in order for it to be criminal.

One of the better known cases involving section 1512 is Arthur Andersen LLP v. United States, decided by the U.S. Supreme Court in May 2005. The Supreme Court ruled that section 1512 had been misinterpreted by the Fifth Circuit Court of Appeals, and reversed the decision of the lower court which had found the firm guilty of violating the section. The issue had, to some extent, become moot, because in 2002 the firm had all but dissolved as a result of prosecution on this criminal charge.

Examples of witness tampering include American politicians Buddy Cianci, Meg Scott Phipps and Ted Klaudt, convicted in 2001, 2003 and 2007, respectively.

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