18 U.S.C. 1519 prohibits specified falsification or destruction of records, documents, or tangible objects with intent to obstruct matters within a federal agency’s jurisdiction or a bankruptcy case, including in contemplation of such a matter. A pending subpoena is not required in every prosecution. [1]
Intent and the object matter
The government must prove the required obstructive intent. Ordinary retention practices and accidental loss are not automatically criminal, but a routine-policy explanation may fail when records were deliberately removed to conceal information from an anticipated investigation.
The Supreme Court has limited “tangible object” in this provision to the statutory records-related context. The charge should therefore be analyzed using controlling decisions and the actual object involved, not a dictionary definition of any physical item. Jury instructions outline the required elements but do not resolve disputed facts. [2]
Responding to a preservation concern
The statute authorizes up to twenty years’ imprisonment. Other obstruction charges can have different requirements and penalties. [1]
If an investigation, audit, or litigation is anticipated, preserve relevant paper records, messages, metadata, and backups. Suspend conflicting deletion practices through appropriate channels. Do not edit, recreate, or selectively “clean up” records. Counsel can assess preservation duties and explain a legitimate loss without creating a misleading replacement history.
Example: deletion before a subpoena arrives
An employee who learns a federal inquiry is likely and then deliberately deletes relevant accounting messages can raise section 1519 issues even before receiving a document demand. The required intent remains crucial. A documented technical failure or genuine routine deletion before any contemplated matter presents a different factual issue, not an automatic safe harbor or automatic conviction. [1]
A preservation plan should identify the systems holding relevant information, automated deletion settings, account custodians, and backups. Preserve the original data and metadata where feasible. Avoid replacing a missing file with a recreated version that is presented as the original.
If records were already lost, document what is known about the loss and obtain advice before making a statement. An honest description of uncertainty is different from a fabricated explanation. Another agency’s investigation, a bankruptcy proceeding, and a private dispute can involve different statutory connections, so identify what federal matter the prosecution alleges was obstructed.
An agency proceeding may also implicate section 1505. False benefit records can create separate Social Security offenses.
Primary sources
- 18 U.S.C. § 1519: Destruction, alteration, or falsification of records in Federal investigations and bankruptcy
- Ninth Circuit Model Jury Instruction 19.4: 18 USC 1519
Sources checked: October 31, 2026.