Evidence Preservation Lessons In US V. Suarez

Law360, New York (November 3, 2010, 2:25 PM EDT) -- In U.S. v. Suarez, et al., No. 09-932 (JLL), 2010 U.S. Dist. LEXIS 112097 (D.N.J. Oct. 21, 2010) (Linares, J.), a public corruption case venued in federal court in New Jersey, the court held that the FBI had a duty to preserve short message service electronic communications (SMS or text messages) between FBI agents and cooperating witness Solomon Dwek.

Because neither the FBI agents nor the government preserved the text messages, the court exercised its discretion to fashion a remedy for the spoliation of evidence. The...
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