AIUI (IANAL, mind), no — or at least it's less likely. It's when you go out of you way to destroy the evidence (and can be demonstrated to have done so) that you're almost certainly facing obstruction charges. If you're just doing the same thing you do every day, it's much harder to establish the intent to destroy inculpatory evidence, which is what would trigger the obstruction charge in the first place.

Second opinion?

> If an office had a policy of shredding old financial paperwork and that policy was faithfully followed on the day after, say, the COO was whisked away for embezzlement, would it count as evidence tampering?

If it could be reasonably expected that the financial paperwork would be relevant to the ongoing litigation, yes, you're in trouble for destroying it. When companies are on notice of pending litigation, from that point forward they are required to take affirmative steps to preserve potentially relevant evidence. Failure to do so was one of the things that got the Enron folks in trouble.

The first case is why we have data retention laws.

On the second, I _think_ that in most jursidictions in the US the moment you're arrested you have an impetus not to destroy evidence that probably extends to not allowing evidence to be destroyed by a system that you could trivially prevent.

Putting a system in place where you have to take action to prevent an event is legally similar to a system where you take action to cause an event; in either case you've purposely taken an action that leads to the destruction of evidence.

We'd need a real lawyer to comment, but otherwise I think we'd have already seen things like this for years (even pre-computer)