18 U.S.C. § 1505 – Obstruction of Proceedings Before Departments, Agencies, and Committees
This statute criminalizes obstruction of federal agency proceedings, congressional investigations, and civil investigative demands.
What this statute does.
Section 1505 applies to interference with non-judicial federal proceedings, including investigations and inquiries conducted by federal departments, agencies, and Congress. It is the administrative-side counterpart to court-focused obstruction statutes like § 1503.
Two categories of prohibited conduct.
1. Obstruction of civil investigative demands.
The statute criminalizes conduct taken to avoid or obstruct compliance with a properly issued civil investigative demand under the Antitrust Civil Process Act, including:
- Withholding or misrepresenting documents or testimony
- Removing, concealing, or covering up materials
- Destroying, mutilating, or altering evidence
- Falsifying documentary material or testimony
- Attempting or soliciting another person to do any of the above
2. Obstruction of agency or congressional proceedings.
The statute also prohibits corrupt conduct, threats, force, or threatening communications that:
- Influence, obstruct, or impede a pending proceeding before a federal department or agency
- Interfere with the lawful exercise of congressional inquiry by either House or any committee
The statute reaches both completed acts and attempts.
Mental state.
The government must show the defendant acted corruptly or with intent to obstruct or evade lawful federal authority.
Penalties.
- Up to 5 years in prison
- Up to 8 years if the offense involves domestic or international terrorism (as defined in § 2331)
- Fines under Title 18 may also apply
Why this statute is used.
Section 1505 is commonly charged in cases involving agency investigations, regulatory enforcement actions, congressional inquiries, and document-destruction or concealment allegations outside the courtroom context.
If you are being investigated for obstruction involving a federal agency or congressional inquiry, call (314) 900-HELP or contact our federal criminal defense attorneys.
