Destruction of Computer Evidence

(6-11-04) Evidence spurs call for probe of SAIF. "SALEM - A whistle-blower's affidavit Thursday charging top officials with destroying documents at a state-owned insurance company prompted the governor to call for an investigation and led a judge to schedule a court hearing on the matter. . . . Cohen's sworn testimony alleges that SAIF officials destroyed, suppressed, and prevented the disclosure of public records related to SAIF's lobbying and political activities . . . Cohen's affidavit also said that: Then-SAIF CEO Katherine Keen ordered him to change the title of a document "in order to make it more difficult for third parties to locate" on SAIF's computer system. Keene directed that SAIF change its e-mail retention policy, so that electronic messages would be retained one day, instead of 30 days, as had previously been the policy. SAIF executive Cecil Tibbetts twice told Cohen to delete SAIF documents from his computer "to avoid producing them pursuant to OSEP's document request. Tibbetts indicated to Cohen that he removed certain documents from his computer and took them home. In response to a superior's order, Cohen destroyed documents by removing them from SAIF computers, but first made copies, which he took home "for safe-keeping."

Comment: Public officials tried to hide electronic evidence as the electronic discovery process crept closer.