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The Register: Unsealed Caldera files detail MS evidence-shredding claims

Feb 01, 2000, 21:23 (5 Talkback[s])
(Other stories by Graham Lea)

"Evidence given under oath that Microsoft deliberately destroyed evidence that could be used in pending or forthcoming antitrust actions has finally come to light. Although its existence had been generally known, Microsoft has succeeded keeping it secret until now."

"A deposition by Stefanie Reichel, then a Microsoft OEM account manager in Germany, is a key smoking pistol. She said that pressure had been put on her to destroy hundreds of emails that could have proved to be incriminating in the case brought by the DoJ, as well as by Caldera and others."

"It had long been suspected that many documents that should have been produced had disappeared, but Reichel's deposition appears to be the only evidence of this given under oath. We previously related the stratagems that Microsoft used to get the Reichel deposition excluded from the Microsoft trial. There are potentially very serious legal consequences if, as appears to be the case, Microsoft interfered with the course of justice. It is known that the DoJ considered the matter, but we shall probably have to wait for the result of the trial before there is any decision about a separate criminal proceeding, although media and public reaction afterwards could play a role in influencing the decision. Since there is no statute of limitations for in such matters, the threat of a possible criminal action will remain."

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