“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.”