(2d Cir. 1984) (quoting Russell, 255 U.S. at 143).
While the statutory term "corruptly endeavors" requires intent, such intent may be inferred from proof that the defendant knew that his corrupt actions would obstruct justice then actually being administered. Id. at 54 (discussing similar provision for obstruction of judicial proceedings, 18 U.S.C. § 1503). "Corruptly" simply means to be motivated by an improper purpose. See Fasolino, 586 F.2d at 941 (2d Cir. 1978).
The nature of Sprecher's involvement with KKP was one of the subjects of the SEC investigation that was pending in May 1985 pursuant to which Sprecher was called to testify. When Sprecher made the false statements which sought to minimize his role with respect to KKP, his clearly corrupt purpose was to conceal his control of what he wished to portray as a legitimate tax-exempt religious corporation and thereby hamper the SEC's investigation.
Therefore, I find Sprecher guilty of obstruction of justice as charged in count ten.
Count Eleven -- 1989 Obstruction of the SEC's Utah Investigation
In this last count, it is charged that Sprecher knowingly and corruptly attempted to influence, obstruct, and impede the due administration of justice by a federal court in violation of 18 U.S.C. § 1503 by deliberately concealing his true knowledge concerning matters involving KKP and NAV-AIR that were material to an SEC investigation. The basis for count eleven is Sprecher's statement in the affidavit filed in the district court in Utah that his sole relationship with KKP and NAV-AIR was that of attorney-client.
section 1503 provides that
whoever corruptly, or by threats or force or by any threatening letter of communication, endeavors to influence, intimidate, or impede any grand or petit juror, or officer in or of any court of the United States . . . or corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice, shall be fined not more than $ 5,000 or imprisoned not more than five years, or both.
To show a violation of 18 U.S.C. § 1503, the Government must establish that: 1) a federal judicial proceeding was pending; 2) the defendant knew of or had a reasonably founded belief that the proceeding was pending; and 3) the defendant corruptly endeavored to influence, obstruct, or impede the proceeding. See United States v. Capo, 791 F.2d 1054, 1070 (2d Cir. 1986), rev'd in part on rehearing en banc on other grounds, 817 F.2d 947 (2d Cir. 1987); 1A Sand et al., supra, para. 46.01 (instruction 46-3). The standards for a finding of obstruction of justice are outlined in the discussion above of section 1505.
In his Utah litigation, Sprecher sued to quash SEC subpoenas that called for the production of the bank records of KKP and NAV-AIR. He intended that the court rely on the false representation in his affidavit end that the misrepresentation would persuade the court to thwart the SEC investigation. Thus, in making the false statement and causing it to be filed in the Utah district court, he was endeavoring improperly to influence the outcome of the litigation in his favor. I find the defendant guilty of destruction of justice as charged in count eleven.
The foregoing shall constitute my findings of fact, conclusions of law, and the verdict or the court. I find the defendant guilty of the crimes charged in counts one through seven and nine through eleven of the Indictment.
Dated: New York, New York
January 16, 1992
MIRIAM GOLDMAN CEDARBAUM
United States District Judge