United States v. Gary Ermoian, 727 F.3d 894

CVGIT, a DOJ-funded task force including FBI, investigated the Hells Angels’ Modesto chapter to disrupt its formation.
The task force suspected leaks from law enforcement and distributed a Gang Intelligence Bulletin describing surveillance and targeting information.
The Bulletin prompted monitoring of wiretaps and efforts to identify informants within the motorcycle club.
Swanson, a deputy sheriff, alerted Ermoian about photos of the Burn-Out Party; Ermoian warned Robert Holloway and others to watch their backs.
Johnson provided warnings about a pending investigation; preventive canine searches were arranged and counter-surveillance measures were taken.
In 2009, Ermoian and Johnson were indicted for conspiracy to obstruct an FBI investigation; after trial, convictions were pursued on obstruction charges which the court later reversed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether FBI investigation is an official proceeding	Government contends FBI investigation qualifies as an official proceeding.	Ermoian/Johnson argue it is not an official proceeding under §1512.	Not an official proceeding; convictions reversed and remanded for acquittal.

United States v. Ramos, 537 F.3d 439 (5th Cir. 2008) (precedent on ‘before a Federal Government agency’ analysis)
Arthur Andersen LLP v. United States, 544 U.S. 696 (S. Ct. 2005) (requires nexus between actions and judicial proceedings)
Robinson v. Shell Oil Co., 519 U.S. 337 (S. Ct. 1997) (textual plain meaning and context guide statutory interpretation)
United States v. Kelley, 36 F.3d 1118 (D.C. Cir. 1994) (reading of official proceeding in obstruction context criticized)
United States v. Gonzalez, 922 F.2d 1044 (2d Cir. 1991) (venue concerns for §1512; broad readings questioned)