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Evidence keyed to Fisher
United States v. Ganier
Citation:
468 F.3d 920 (6th Cir. 2006)Facts
Albert Ganier was CEO, Chairman, and founder of Education Networks of America, Inc. (ENA). In July 2002, television news stories alleged improprieties and favoritism in connection with contracts awarded to ENA by the State of Tennessee. A federal task force and grand jury began investigating in August and September 2002, issuing numerous subpoenas through December 2002. During this period, Ganier allegedly attempted to implement an email retention policy that would delete employees’ emails after six months and deleted files relevant to the investigation from his laptop computer, desktop computer, and an ENA employee’s computer. Ganier was indicted on one count of obstruction of justice and three counts of document destruction. On August 1, 2005, the day before trial, the government’s forensic computer specialist, Special Agent Wallace Drueck, determined from reports generated by forensic software that searches had been run in December 2002 using search terms relevant to the grand jury investigation and the allegedly deleted files. The government had not provided a written summary of Drueck’s proposed testimony as required by Federal Rule of Criminal Procedure 16(a)(1)(G).
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