Mesa CFO: Wait, I Wasn’t Deleting Legal Files, I Was Deleting Porn
September 28 2007 09:31 am
A couple of days ago I mentioned that Mesa Air had suspended its CFO after allegations that he had deleted files relating to a lawsuit between Mesa and Hawaiian Airlines. Well, it’s a bit more complicated. A lawyer for the airline told a judge that (in a perfect definition of "the lesser of two evils") the CFO was not, in fact, purposefully deleting files related to the case. Rather, he was deleting porn from his computer and accidentally deleted case-related material.
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Ed on 02 Oct 2007 at 7:25 am #
Ha,
Doesn’t matter. If the other party makes an electronic discovery motion for email, IM etc., the burden is on them. If they go the “my dog ate it”, or the “I was deleting porn” route, the judge can instruct the jury to consider that in a prejudicial fashion. See sexual harassment cases against investment banks where large multi million dollar judgements were awarded, or companies had to spend in excess of a million dollars retrieving archived eamils.