KATZMANN, Circuit Judge:
Defendants-Appellants Marvin Wells and Stephen Rhodes (collectively, the "defendants") appeal from judgments of the United States District Court for the Eastern District of New York (Weinstein, J.), entered on April 1, 2010, following a jury trial, convicting Wells of conspiracy to obstruct justice, in violation of 18 U.S.C. § 371; obstruction of justice, in violation of 18 U.S.C. § 1519; two counts of attempted intimidation and corrupt persuasion, in violation of 18 U.S.C. § 1512(b)(3); and making a false statement, in violation of 18 U.S.C. § 1001(a)(2); and convicting Rhodes of obstruction of justice, in violation of 18 U.S.C. § 1519; and making a false statement, in violation of 18 U.S.C. § 1001(a)(2). This appeal calls upon us to decide whether an internal investigation by a privately owned prison that houses federal prisoners of an allegation of excessive force involves a "matter within the jurisdiction" of the Department of Justice ("DOJ") for purposes of 18 U.S.C. § 1519.
The facts of this case are largely undisputed. The evidence at trial revealed that,
Once in the shower room, Wells directed Eguridu to remove his clothes. After Eguridu was strip-searched, Wells angrily questioned Eguridu why he would call an officer "baby," and repeatedly struck Eguridu in the chest and throat. Each blow caused Eguridu's head to strike against the concrete wall of the shower room. Gray, Rhodes, and Hananiah Day, another CO, were present in the shower room and witnessed the event. Leslie Andrews, another CO, saw Wells strike Eguridu and heard Eguridu's head "thump" against the wall repeatedly as she passed by the shower room.
After the attack concluded, Wells ordered Eguridu to get onto his knees and apologize. Eguridu complied, and Wells instructed Gray and Rhodes to take Eguridu back to his cell. As they were leaving, Wells told Eguridu, "if I hear one word about this I'll fuckin' kill you. We'll come down there, I'll drag you out and I'll kill you." Id. at 344.
Following the assault, Eguridu felt pain in his chest and throat. A medical examination revealed that Eguridu had a deviation of the throat with swelling of his neck, difficulty moving his neck and shoulders, and a bruise on his sternum. Two days later, he was transferred to the Metropolitan Detention Center in Brooklyn.
Almost immediately thereafter, QPCF, a privately owned detention center operated by The GEO Group, initiated an investigation of the incident. QPCF's administrative lieutenant, William Robinson, directed the officers to write reports to QPCF describing what they had observed. Wells wrote one report, Rhodes and Gray each wrote two reports, and Mack wrote four reports. Each of those reports stated, in sum and substance, that no force had been used against Eguridu and no assault had taken place.
Andrews testified that before she wrote her first report, Wells told her: "I should just put down I don't know what happened. I didn't see anything." Id. at 267. Similarly, Mack advised Andrews: "we all have to stick together. We have to say the same thing. This is how we do it.... You are the weakest link." Id. at 271. Andrews, who wrote five separate reports of the incident, testified that she was not truthful in her first four reports because she was afraid that other officers would retaliate against her. She nevertheless decided to write in her fifth report the truth about what she had observed in the shower room.
Day testified that on the afternoon of April 17, the same day as the incident, Wells called him and one other officer into Wells's office.
Several months later, the matter was referred to the Office of the Inspector General ("OIG"), the investigative unit of the DOJ, which commenced a federal investigation. Mary Chiu-Vaccariello, an OIG case agent, interviewed Wells and Rhodes separately in early 2008. She advised them that the interview would be voluntary and that they could face charges for being untruthful.
In his February 26, 2008 interview with Chiu-Vaccariello, Rhodes stated that he did not see Wells strike Eguridu. He acknowledged that "an incident had occurred between [Wells] and ... Eguridu, but he really didn't know the substance of the incident." Id. at 432. Wells stated in his April 1, 2008 interview that he directed Rhodes and Gray to take Eguridu to the shower room and perform a strip search and then ordered Eguridu to apologize to Mack. He denied striking Eguridu, threatening to kill him, and directing COs how to write their reports. Wells and Rhodes affirmed to Chiu-Vaccariello that their written reports to QPCF were truthful and accurate.
On November 12, 2008, a grand jury returned an indictment against Wells, Rhodes, Gray, and Mack. The indictment alleged (1) as to Wells, deprivation of civil rights by the use of excessive force on Eguridu, in violation of 18 U.S.C. § 242; (2) as to Wells, Rhodes, and Gray, conspiracy to obstruct justice by filing false reports, in violation of 18 U.S.C. § 371; (3) as to Wells, Rhodes, and Gray, obstruction of justice by filing false reports, in violation of 18 U.S.C. § 1519; (4) as to Wells, Rhodes, and Mack, conspiracy to corruptly persuade Andrews, in violation of 18 U.S.C. § 1512(k); (5) as to Wells, attempted intimidation and corrupt persuasion of Andrews, in violation of 18 U.S.C. § 1512(b)(3); (6) as to Wells, attempted intimidation and corrupt persuasion of Day, in violation of 18 U.S.C. § 1512(b)(3); (7) as to Rhodes and Mack, attempted corrupt persuasion of Andrews, in violation of 18 U.S.C. § 1512(b)(3); and (8) as to Rhodes, Gray, and Wells, making false statements, in violation of 18 U.S.C. § 1001(a)(2).
Following a jury trial, Wells was convicted of five counts: conspiracy to obstruct justice, obstruction of justice, two counts of attempted intimidation and corrupt persuasion, and making a false statement. Rhodes was convicted of two counts: obstruction of justice and making a false statement. The district court sentenced Wells to one year and one day of incarceration and three years of supervised release. It sentenced Rhodes to three years of probation. This appeal followed.
On appeal, Wells and Rhodes challenge their convictions for obstruction of justice under 18 U.S.C. § 1519, which, in relevant part, requires proof of conduct intended to obstruct the investigation or proper administration of a matter within the jurisdiction of a federal agency. They argue that the government did not prove that their filing of false reports was intended to impede or influence the investigation or proper administration of a matter within the jurisdiction of the DOJ because QPCF was a privately owned jail and they were unaware that there would be a federal investigation
Where, as here, we are called upon to interpret the meaning of a federal statute, "we look first to the language of the statute itself." Marvel Characters, Inc. v. Simon, 310 F.3d 280, 290 (2d Cir. 2002). "When the language of a statute is unambiguous, `judicial inquiry is complete.'" Id. (quoting Conn. Nat'l Bank v. Germain, 503 U.S. 249, 254, 112 S.Ct. 1146, 117 L.Ed.2d 391 (1992)). In conducting this inquiry, we "review the statutory text, considering the ordinary or natural meaning of the words chosen by Congress, as well as the placement and purpose of those words in the statutory scheme." Dobrova v. Holder, 607 F.3d 297, 301 (2d Cir.2010) (internal quotation marks omitted). We review de novo this question of statutory interpretation. See, e.g., L-3 Commc'ns Corp. v. OSI Sys., Inc., 607 F.3d 24, 27 (2d Cir.2010).
We therefore begin with the text of the obstruction of justice statute, 18 U.S.C. § 1519, which provides:
18 U.S.C. § 1519 (emphasis added).
The defendants argue first that the government did not prove a sufficient "nexus" between their conduct and an official proceeding, as required by United States v. Aguilar, 515 U.S. 593, 115 S.Ct. 2357, 132 L.Ed.2d 520 (1995), and Arthur Andersen LLP v. United States, 544 U.S. 696, 125 S.Ct. 2129, 161 L.Ed.2d 1008 (2005).
In Aguilar, 515 U.S. at 595, 115 S.Ct. 2357, a United States district judge who had lied to federal agents during a grand jury investigation was convicted of, inter alia, endeavoring to obstruct the due administration of justice under 18 U.S.C. § 1503, which, at the relevant time, provided:
18 U.S.C. § 1503 (1988) (emphasis added). The Supreme Court affirmed the Ninth Circuit's reversal of the conviction, holding that uttering false statements to an investigating agent who "might or might not
In Arthur Andersen, 544 U.S. at 698, 125 S.Ct. 2129, an auditor that had instructed its employees to destroy documents pursuant to its document retention policy was convicted of obstruction of justice under 18 U.S.C. § 1512(b)(2), which provided, in pertinent part:
18 U.S.C. § 1512(b)(2) (2000) (emphasis added). The Supreme Court reversed the conviction. It extended the reasoning of Aguilar to § 1512(b)(2), holding that the government was required to prove a "nexus" between the defendant's attempts to persuade another to destroy documents and a pending or foreseeable official proceeding. 544 U.S. at 707-08, 125 S.Ct. 2129. It reasoned that a "`knowingly . . . corrup[t] persaude[r]' cannot be someone who persuades others to shred documents under a document retention policy when he does not have in contemplation any particular official proceeding in which those documents might be material." Id. at 708, 125 S.Ct. 2129 (alterations in original); see also United States v. Reich, 479 F.3d 179 (2d Cir.2007) (applying Aguilar to hold that § 1512(c)(2), which proscribes corruptly obstructing a judicial proceeding or attempting to do so, requires proof of a nexus between the defendant's conduct and the proceeding).
In reliance upon Aguilar and Arthur Andersen, the defendants argue the government must "link the[ir] conduct with knowledge of a subsequent official proceeding at the time the statement was given and an intention to affect that proceeding." Wells Br. 15. By their terms, the obstruction statutes at issue in Aguilar and Arthur Andersen, respectively, addressed conduct affecting the "due administration of justice" and "official proceeding[s]." See 18 U.S.C. §§ 1503, 1512(b)(2). Section 1519, by contrast, requires proof that the defendant engaged in obstructive conduct "with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States." 18 U.S.C. § 1519 (emphasis added). As Wells concedes, § 1519 "makes no specific reference
The words of the statute are unambiguous, and, thus, "judicial inquiry is complete." Conn. Nat'l Bank, 503 U.S. at 254, 112 S.Ct. 1146 (internal quotation marks omitted). In any event, the defendants' position finds no support in the legislative history of § 1519. The Senate Report accompanying the bill that became § 1519
S.Rep. No. 107-146, at 14-15 (2002), 2002 WL 863249, at *12-13 (emphases added) (footnotes omitted).
Thus, in enacting § 1519, Congress rejected any requirement that the government prove a link between a defendant's conduct and an imminent or pending official proceeding. The defendants therefore are incorrect in assuming that because the Supreme Court has required a nexus to an official proceeding for purposes of other obstruction statutes, the same nexus requirement must apply to prosecutions under
Notwithstanding the asserted nexus requirement, the defendants maintain that they could not have obstructed a matter within the jurisdiction of the DOJ because they were employed by The GEO Group, a private entity that operates QPCF. But they overlook the fact that QPCF contracted with the U.S. Marshals Service, an agency within the DOJ, to house federal prisoners. The warden of QPCF is required by the terms of that contract to report allegations of excessive force to the Marshals Service. Reports of excessive force at QPCF in turn are referred to the DOJ's investigation unit, OIG. As the district court instructed the jury without objection, the DOJ "has jurisdiction and authority to investigate allegations that correctional officers at privately as well as publicly run correctional institutions have violated a person's constitutional rights by using excessive force." App'x 552. Accordingly, we hold that QPCF's internal investigation into whether the defendants' conduct violated QPCF's internal regulations involved a "matter within the jurisdiction" of the DOJ for purposes of 18 U.S.C. § 1519.
The defendants rejoin that their convictions under § 1519 must be reversed because "there is no evidence that [they] knew or contemplated that [their] statements would necessarily be submitted to the DOJ." Wells Br. 15. By the plain terms of § 1519, knowledge of a pending federal investigation or proceeding is not an element of the obstruction crime. See United States v. Ionia Mgmt. S.A., 526 F.Supp.2d 319, 329 (D.Conn.2007) ("In comparison to other obstruction statutes, § 1519 by its terms does not require the defendant to be aware of a federal proceeding, or even that a proceeding be pending."). Insofar as the defendants argue that § 1519 requires proof of knowledge that their false reports would obstruct "the investigation or proper administration of any matter within the jurisdiction" of the DOJ, the defendants did not object to the district court's jury instruction that "[t]he government need not prove that the defendant knew that the [DOJ] had jurisdiction to investigate the allegations of excessive force by correctional officers or that the defendant's falsification of the memorandum actually succeeded in obstructing or influencing a federal investigation." App'x 552. In any event, the government adduced evidence that QPCF had trained the defendants to report
Finally, the defendants contend that the Eguridu assault was "too attenuated" from the subsequent federal investigation to support a conviction under § 1519. We disagree. OIG's investigation commenced within several months of the incident, and, in any case, § 1519 does not require the existence or likelihood of a federal investigation. See United States v. Kun Yun Jho, 465 F.Supp.2d 618, 636 (E.D.Tex.2006) ("[I]mposing a requirement that the matter develop into a formal investigation ignores the plain meaning of [§ 1519] and the legislative history."), rev'd on other grounds, 534 F.3d 398 (5th Cir. 2008). Wells indeed concedes that "there is no requirement that an investigation or proceeding be underway at the time of a defendant's action." Wells Br. 13.
Accordingly, we find no basis to reverse the defendants' convictions for obstruction of justice under 18 U.S.C. § 1519.
We have considered the defendants' arguments and find them to be without merit. We hold that an internal investigation by a privately owned prison that houses federal prisoners of an allegation of excessive force involves a "matter within the jurisdiction" of the Department of Justice for purposes of 18 U.S.C. § 1519. For the reasons stated herein and in the accompanying summary order, the judgments of the district court are