Obstruction of Justice—Samuel I. Burstyn

Miami criminal defense attorney Samuel I. Burstyn has pleaded guilty to obstructing a federal grand jury investigation into a drug trafficking operation.^[1] Earlier this year he was charged in a 7-count indictment with conspiracy to obstruct justice, conspiracy to commit money laundering, making a false declaration to a grand jury, and obstruction of justice.^[2] As part of the recent plea agreement, the charges other than the grand jury-related charge were dropped.^[3]

Conspiracy to Obstruct Justice
The conspiracy to obstruct justice charge is covered by 18 U.S.C. § 371, which we have covered here.

Conspiracy to Commit Money Laundering
Conspiracy to commit money laundering is covered by 18 U.S.C. § 1956(h), which we have covered here.

Making a False Declaration to a Grand Jury
Making a false declaration to a grand jury is covered by 18 U.S.C. § 1623. The statute states that any person who makes any false declaration under oath before a grand jury, or uses any false material declaration before a grand jury will be punished.^[4]

The punishment for a violation of section 1623 is a fine, imprisonment for up to five years, or both.^[5] Mr. Burstyn’s sentence has not been announced, but as part of the plea agreement, he agreed, in addition to the Court’s sentence, to forfeit $230,000 and to give up his law license.^[6]

Obstruction of Justice
The other obstruction of justice statutes at issue in this case are 18 U.S.C. §§ 1503, and 1512(b)(1) and (3).

It is a violation of 18 U.S.C. § 1503 for a person to corruptly, or by threat of force, to influence, intimidate, or impede any grand juror in the discharge of his duties.^[7] The punishment for a violation of this section is a fine, imprisonment for up to 10 years or both.^[8]

It is a violation of 18 U.S.C. § 1512(b)(1) for a person to knowingly use intimidation or to influence, delay, or prevent the testimony of any person in an official proceeding. It is a violation of section 1512(b)(3) for a person to knowingly use intimidation to hinder, delay, or prevent the communication of information relating to an offense to a law enforcement officer or judge of the US. The punishment for violating these sections is a fine, imprisonment for up to ten years, or both.^[9]

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[1] Lawyer Guilty of Obstructing Query, The Ledger, Sept. 17, 2005, available here [hereinafter Ledger].
[2] See US Department of Justice, Press Release: Attorney Indicted on Money Laundering and Obstruction of Justice Charges, Feb. 23, 2005, available here.
[3] Ledger.
[4] 18 U.S.C. § 1623(a).
[5] Id.
[6] Ledger.
[7] 18 U.S.C. § 1503(a).
[8] Id. § 1503(b)(3).
[9] Id. § 1512(b).