Conspiracy to Obstruct Justice: How Talking to Witnesses or Deleting Messages Could Lead to Federal Charges

This charge doesn’t require violence, money laundering, or complex transactions. In fact, something as simple as deleting a text message or asking someone not to “say anything” to investigators can be enough to trigger prosecution under federal obstruction statutes.

At Perlman Defense Federal Criminal Lawyers, we represent clients charged with obstruction-related conspiracy offenses in U.S. District Courts across the country. This blog explains how conspiracy to obstruct justice works under federal law, what actions can lead to charges, and how we defend individuals accused of interfering in criminal or regulatory investigations.

What Is “Obstruction of Justice” in Federal Law?

Obstruction of justice refers to any intentional act that interferes with the integrity of a legal proceeding, investigation, or law enforcement activity. Under federal law, obstruction crimes are charged under a series of statutes found in Chapter 73 of Title 18, including:

• 18 U.S.C. § 1512 – Tampering with a witness, victim, or informant
  
• 18 U.S.C. § 1503 – Influencing or injuring an officer, juror, or grand juror
  
• 18 U.S.C. § 1519 – Destruction or falsification of records in federal investigations
  
• 18 U.S.C. § 371 – General conspiracy statute
  
• 18 U.S.C. § 1511 – Obstructing state or local law enforcement (when tied to federal interest)
  

These statutes are often used together, particularly when prosecutors believe two or more people conspired to prevent the truth from coming out in a case.

What Is Conspiracy to Obstruct Justice?

Common “overt acts” that lead to charges include:

• Deleting emails, messages, or call logs
• Telling a witness to lie, not cooperate, or "plead the Fifth"
• Threatening or intimidating a potential cooperator
• Creating false documents or statements
• Coordinating with others to “get stories straight”
• Changing testimony after an indictment or target letter is received
  

Under 18 U.S.C. § 371, even if the obstruction is never successful, the agreement and intent to interfere are enough to support a federal conspiracy charge.

Real-World Scenarios That Can Lead to Charges

Many clients are shocked to learn that conduct they thought was harmless—or even protective—can result in a felony indictment. Examples include:

• A business owner learns their office is under federal investigation and deletes Slack messages between employees to avoid scrutiny.
  
• A family member of a defendant reaches out to a witness and suggests they "not say too much” when talking to the FBI.
  
• An executive under SEC investigation coordinates with colleagues to adjust meeting notes and emails.
  
• A friend texts, “Don’t tell them about last weekend,” after learning someone has been subpoenaed.
  
• A supervisor offers to pay a subordinate’s legal fees if they stay quiet.
  

In these cases, intent and agreement are the key elements. You do not have to be successful in stopping the investigation—you simply have to agree to obstruct and act on that agreement.

Why These Charges Are So Dangerous

1. The Underlying Case Doesn’t Have to Be Proven
Even if the main case (fraud, bribery, tax crime, etc.) falls apart, prosecutors can still pursue obstruction-related conspiracy charges if they believe someone interfered with the process.

2. The Penalties Are Severe
Conspiracy to obstruct justice can result in 5 to 20 years in federal prison—sometimes more if the interference was tied to a violent or terrorism-related case.

3. The Government Can Introduce Broad Evidence
Under the co-conspirator exception to hearsay, prosecutors can use communications between alleged co-conspirators against each other, even if the defendant never said anything directly.

4. It Can Be Charged Alongside Other Crimes
Prosecutors often stack obstruction charges on top of fraud, drug, or corruption cases to increase sentencing exposure and pressure defendants to cooperate.

What the Government Must Prove

To convict you of conspiracy to obstruct justice, prosecutors must show:

1. There was an agreement between two or more people to obstruct justice
   
2. You knowingly and voluntarily joined the agreement
   
3. At least one person committed an overt act in furtherance of the conspiracy
   

These elements may sound simple, but the case often hinges on the interpretation of texts, emails, timing, and relationships.

Sentencing and Penalties

Sentences for obstruction-related conspiracy convictions vary based on the underlying facts, role in the conspiracy, and resulting harm. Penalties may include:

• Up to 5 years for general conspiracy under § 371
  
• Up to 20 years if tied to witness tampering or record destruction (§ 1512, § 1519)
  
• Fines of $250,000 or more
  
• Restitution to victims or agencies
  
• Asset forfeiture, especially if obstruction preserved financial gain
  
• Loss of professional licenses or government contracts
  
• Immigration consequences for non-citizens
  
• Supervised release or probation restrictions
  

Judges may also impose enhancements under the U.S. Sentencing Guidelines for:

• Obstructing a federal proceeding
  
• Use of threats or coercion
  
• Involvement in large-scale or systemic obstruction
  
• Abuse of a position of trust or authority
  

How We Defend Obstruction Conspiracy Cases

Key defense strategies include:

1. No Agreement Existed
We show that there was no coordinated plan, just coincidental or unrelated communication. Without an actual agreement, the conspiracy cannot stand.

2. No Criminal Intent
Many obstruction-related acts are committed without intent to deceive or interfere. We demonstrate that actions were defensive, emotional, or simply careless, not criminal.

3. Misinterpreted Statements
Texts, calls, and emails can easily be taken out of context. We use the full record to reframe what was actually said—and what it meant.

4. Suppression of Illegally Obtained Evidence
If investigators accessed messages, emails, or cloud data without proper warrants, we move to suppress that evidence and weaken the case.

5. Role Minimization and Mitigation
If a conspiracy existed, we argue that our client played a minor role and lacked leadership or intent, qualifying for sentencing reductions.

6. Early Negotiation
When appropriate, we resolve the case before indictment or early in the process to avoid long-term damage or stacked charges.

What to Do If You Think You’re Being Investigated

If you suspect you’re being investigated for conspiracy to obstruct justice—or if others around you have been subpoenaed or arrested—take immediate action:

• Do not contact co-defendants, witnesses, or agents
  
• Do not delete emails, files, or communications
  
• Do not speak to federal agents without a lawyer
  
• Preserve all devices and documents in their original state
  
• Avoid discussing the case with friends, family, or on social media
  
• Hire a federal criminal defense attorney immediately
  

The early stages of an investigation are when your actions matter most. We’ve successfully prevented charges simply by stepping in early and protecting our clients from unintentional mistakes.

Contact Perlman Defense Federal Criminal Lawyers Today