Obstructing Federal Grand Jury Convictions Affirmed

US v. Erickson, -- F.3d --, 2009 WL 903387 (10th Cir. 4/6/09) - there was sufficient evidence to convict 2 co-Defendants of obstructing and impeding a federal grand jury under 18 USC § 1503. The requirement of proof of acting corruptly with the specific intent to obstruct or impede the proceeding in its due administration of justice was met by evidence that the defendants created false docs to deliver to the grand jury in response to its subpoena. A grand jury is obstructed whenever it is presented with manufactured evidence. There is no need for proof that the altered docs defendants created were relevant to the grand jury's investigation. Defendants' Brady claims are rejected because there was no showing that the gov't knew about the withheld audit or that it contained material evidence favorable to defendants. And while the trial judge made some caustic comments, they did not deny a fair trial or exhibit bias requiring recusal.