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The situations therefore are not analogous. I believe the Supreme Court also erred in finding that the knowingly corrupt act needed to be within the context of a specific investigation. If a criminal act is being undertaken, there is a reasonable chance of an investigation being launched. The Supreme Court's interpretation allows for criminals to legally destroy evidence at any point prior to the opening of an investigation. This decision traces back to United States v. Aguilar. At the time, it may have been the case that such an action was legal. It is reasonable that any document could at some point be valuable to a federal investigation and therefore no document would be allowed to be destroyed. Once a document is destroyed, its contents are entirely speculative; retroactive assumption that the documents were critical to the assumption of the investigation is therefore also speculative.
However, it stands to reason that the criminal act includes not only an act but the covering up of such an act. For routine criminal...
In light of that, an exception appears to have been made for white collar crime. Congress rectified this gap in the law when it enacted Sarbanes-Oxley, criminalizing the act of corruptly destroying documents. It is no longer necessary to prove the "knowing" part of the former statute. It also eliminated the Aguilar nexus which demanded that the destruction be linked to a specific crime; now the fact that an investigation can be reasonably expected is the more likely threshold.
References:
Arthur Andersen v. United States (04-368) 544 U.S. 696 (2005)
374 F.3d 281, reversed and remanded. Retrieved April 23, 2010 from http://www.law.cornell.edu/supct/html/04-368.ZS.html
Hasnas, J. (2005). The significant meaninglessness of Arthur Andersen v. United States. Cato Supreme Court Review. Retrieved April 23, 2010 from http://faculty.msb.edu/hasnasj/GTWebSite/AndersenDraft.pdf
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