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The indictment alleged that, between October 10 and November 9, 2001, petitioner did knowingly, intentionally and corruptly persuade..
The key is that the intent needs to be to intimidate, threaten or "corruptly persuade" another person with the goal of influencing their testimony or preventing it altogether.
Prosecutors backed up the allegation with Friday's charges, alleging that Manafort and a Russian-Ukrainian associate, Konstantin Kilimnick, "conspired to corruptly persuade" two unnamed witnesses in the case to alter or cancel planned testimony.
The indictment in the case reads: "On or about and between Oct. 10, 2001, and Nov. 9, 2001…Andersen, through its partners and others, did knowingly, intentionally and corruptly persuade and attempt to persuade other persons to wit: Andersen employees, with intent to cause and induce such persons to [withhold, alter, destroy or mutilate documents"].
The document also alleges Stone "knowingly and intentionally corruptly persuaded and attempted to corruptly persuade another person...to influence, delay, and prevent the testimony of any person in an official proceeding".
The indictment alleges that Manafort and Kilimnik "knowingly and intentionally attempted to corruptly persuade" two people "with intent to influence, delay, and prevent the testimony of any person in an official proceeding".
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"I would suggest that the evidence would allow you to prove he was corruptly persuaded".
In the law Andersen is charged under, an obstruction occurs when someone corruptly persuades another to destroy records with the intent of impeding an official proceeding.
The government charged Andersen under the federal law that makes it a crime if a person "corruptly persuades" another person to alter documents to make them unavailable at an official proceeding.
As such, Mr. Criner and other jurors said, the jury agreed that Ms. Temple had "corruptly persuaded" Mr. Duncan to alter information for the purpose of impeding an official proceeding.
The defense responded by arguing that criminal liability had many more elements, including requirements in the law that someone must be "corruptly persuaded" to destroy the records for an illicit purpose, and saying that if the government could not prove that, then Andersen would have to be acquitted.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com