Is this really a case of failure.  I am not sure the supreme court thought so. 
The Court did not take a "cynical" records manager's attitude toward the 
reminder on the document retention policy.  Take a look at

Held: The jury instructions failed to convey properly the elements of 
a “corrup[t] persuas[ion]” conviction under §1512(b). Pp. 6–12.

.... Under ordinary circumstances, it is not wrongful for a manager to 
instruct his employees to comply with a valid document retention policy, 
even though the policy, in part, is created to keep certain information from 
others, including the Government. Thus, §1512(b)’s “knowingly … corruptly 
persuades” phrase is key to what may or may not lawfully be done in the 
situation presented here. 

David Gaynon
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