He removed and destroyed documents on two separate occasions in 2003. First time in September; the second time in October. He was only charged with a misdemeanor for removing the documents, but never for having lied to investigators. He pled guilty to the charge. It was originally reported by the DOJ that he'd stolen copies, but in actuality, he'd stolen the originals. That info came out during House Government Reform Committee hearings. During those hearings, it was also uncovered that Nancy Kegan Smith — who was the director of the presidential documents staff at the National Archives had given Berger access to the original documents privately, in her office. It doesn't look like she was ever investigated, or held accountable for contributing to the theft of original documents, or if she was the one who actually reported them missing.
Berger was sentenced to a $50,000 fine, two years of probation, and 100 hours of community service. In 2007, he willingly relinquished his law license. In doing so, he avoided cross-examination by the Bar Counsel regarding details of his thefts.
Thanks for that insight. Your historical memory is good.