United States v. Philip Morris, USA, Inc., No. CIV.A.99-2496, 2004 WL 1627252 (D.D.C. July 21 2004). The company failed to follow the preservation order and destroyed e-mail for over two years. A number of high ranking officers who were to be called as witnesses did not retain their e-mail under a "print and retain" policy. The Court ordered that the defendant was precluded from presenting any fact witness who had failed to preserve relevant records and was ordered to pay $2.75 million in fines for its spoliation of e-mail.