With Potential Civil Litigation, Government Cannot Destroy External Hard Drive

After the completion of criminal proceedings, the government cannot destroy a hard drive that may be used in potential civil litigation. 

United States v. Sember, 2016 BL 170363, S.D. Ohio, No. 3:14-cr-141, 5/27/16.

   After a jury found that a defendant did not commit theft of government property, the state attempted to recover a hard drive used in the trial to destroy the information. A federal district court in Ohio, however, prevented the hard drive’s destruction. The court refused to destroy the contested hard drive because the former defendant was preparing for a civil trial. “A party to civil litigation has a duty to preserve evidence, including electronically stored information, when it is put on notice that the evidence is relevant to existing litigation or may be relevant to future litigation,” the court said.

https://www.bloomberglaw.com/public/desktop/document/United_States_v_Sember_No_314cr141_2016_BL_170363_SD_Ohio_May_27_?1466032537