The news wires have been ablaze with stories about Hillary Clinton’s private email server — production of some emails during a protracted government investigation and the destruction of other emails which Clinton deemed unrelated to the investigation. While pundits and supporters construe conclusions based on their political affiliation and beliefs, most do not have the knowledge and experience related to destruction of records and recordkeeping systems to clearly identify the legal and recordkeeping issues related to this matter.
This article is not meant as a political tirade, but rather an objective analysis of the laws related to the known facts and recordkeeping issues affecting the outcome. And, the article intends to clear the air regarding the behavior expected by the law during a government investigation (or litigation or audit) related to the destruction of email and other records. Background
For the last 30 years, I have preached in my writings, seminars and consulting projects that relevant records may not be destroyed during litigation, government investigation or audit. The records management profession and corporate legal departments advocate procedures, generally referred to as “legal holds” that prevent the improper destruction of records during legal actions. During an expert witness engagement, I was asked to read the twenty passages from my 1988 book “Recordkeeping Requirements” that implored readers to not destroy relevant records when litigation, government investigation or audit is in progress, imminent, or even in some cases even foreseeable.
(Excerpt) Read more at irch.com ...
