Spartan Fist

  • Law

  • Judge Mark Denton approved a temporary restraining order to prevent MGM from destroying any evidence related to the 1 October shooting. [RJ]
  • Local law enforcement used racketeering laws to take down almost an entire gang at one time. [Las Vegas Sun]
  • Anything else going on as we head into the weekend?
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Anonymous
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Anonymous
October 20, 2017 3:52 pm

It's the obvious and sensible order for the judge to issue, but these days it doesn't really make much difference. A large corporate conglomerate, conducting internal investigations involving a mass tragedy that they will face massive litigation concerning, already has highly skilled in-house corporate counsel, as well as outside counsel, who are well-aware that it would be highly illegal and improper to destroy such records.

Therefore, whenever anyone in cases of this magnitude are ever engaged in the undertaking of destroying such records, it is usually done with great subterfuge, and in a most clandestine fashion, handled significantly more cleverly than the Watergate scandal.

In other words, such entities conduct the conspiracy to destroy the records in such a covert fashion because they indeed know it is illegal to destroy them. So the judges order will, as a practical matter, have no effect. Whenever there is ever a conspiracy in any case to violate the law, issuing an order that one is not to violate the law has no real deterrent effect on people who already know they are clearly violating the law.

That all said, it wasn't that many decades ago where these issues were more nuanced, and from a criminal perspective corporations did not necessarily have to retain internal investigations, or cooperate with exchanging such records. It was often dealt with chiefly as a civil discovery dispute, along with the presumption that any internal investigation records destroyed would have been adverse to the position of the corporation. Most corporations don't destroy records which tend to clear them of liability.

At any rate, internal investigations of this sort can be little more than a farce. The fact that there have been multiple reports of changing time-lines, often which contradict the METRO time lines offered by the sheriff, indicates an early attempt to deflect liability and culpability, IMO.

So, all internal investigations of this sort are at best highly suspect, and at worst farcical, because the entity is essentially investigating itself to answer the core question of whether they should eventually pay out tens of millions of dollars.

So, if there is a mechanism for the corporation to be assigned an outside, independent investigator, that could be a very good, public PR move for them. I don't know what entity, the AG or whoever, would process such appointment, but it could be a shrewd move.

Even if they believe an outside, independent investigation will reflect flaws in the security procedures, and suggest some level of liability,
it would still be much better for damage control and PR purposes than if they insist on continuing to investigate the matter themselves.

It already looks bad for them from a media and PR perspective if a judge is issuing orders that they are not to destroy records. Most people just read the headlines, or listen to the sound bites, and will erroneously assume that the order was issued because records are already being destroyed.

Anonymous
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Anonymous
October 20, 2017 4:01 pm

To: 8:52: The judge's ruling dealt with existing evidence from the shooting, and didn't appear to address the issue of any evidence from any ongoing or future investigations.

But, it is sometimes difficult to distinguish and draw a clear line of demarcation between preserving existing evidence vs. something more proactive which would actually constitute investigative efforts.

I also agree that it might be a good move, for the reasons you mention, for them to consider seeking an independent investigation, but I am uncertain about the propriety or protocol of that.

Anonymous
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Anonymous
October 20, 2017 7:05 pm

I don't understand why a preservation letter wouldn't have accomplished the same thing. Seems like grandstanding. Trying to make Mandalay Bay look shitty with press coverage like this.

Anonymous
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Anonymous
October 20, 2017 7:29 pm
Reply to  Anonymous

It would not have ended up in the newspaper, which is really what they were hoping to accomplish.

Anonymous
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Anonymous
October 20, 2017 7:30 pm

8:52 here again. Agree 100% with 12:05's observations.

From a media/P.R. perspective, as well as from a legal perspective, the public picture emerging concerning MGM(through no fault of their own) is not good and may set a negative tone for them in both the litigation, and in the public eye.

When I say "through no fault of their own" I am not commenting on whether or not, or to what extent, they will or will not face liability on a myriad of various issues. I am only commenting that from a media and public perspective, it makes MGM look like the judge is concerned that they may become intentionally obstructive, or, even worse, conceal or destroy evidence. But as far as I know, there is absolutely no indication or evidence of that.

Yes, in cases that don't generate such media hoopla, and which are not ingrained in the public conscience, preservation letters is how such matters are ordinarily handled in my(admittedly somewhat limited) experience in these matters.