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12 Aug 2013, 11:34 am by Orin Kerr
A case that comes to mind is In re Grand Jury Subpoena Duces Tecum Dated Nov. 15, 1993, 846 F.Supp. 11 (S.D.N.Y. 1994) (Mukasey, J.). [read post]
5 Aug 2013, 11:00 am by Paul Rosenzweig
  If we indulge the assumption that the investigation is tied to some grand jury inquiry (likely in most, though not all scenarios) then resistance to a valid subpoena is quite hard. [read post]
28 Jul 2013, 11:26 pm by Dan Flynn
The Grand Jury moved on with the indictments in early 2013. [read post]
26 Jul 2013, 11:43 am by Orin Kerr
In 2011, for instance, federal prosecutors sent a grand jury subpoena demanding the password that would unlock files encrypted with the TrueCrypt utility. [read post]
12 Jul 2013, 5:25 am by Samantha Scheller
Hayes, which held that reporters have a duty to respond to relevant questions put to them during a grand jury investigation and the First Amendment may not be used as a defense for reporters summoned to testify in court. [read post]
21 Jun 2013, 6:43 pm by Schachtman
If the communication is made to the attorney in her capacity as a business adviser, for example, it ought not be privileged”); In re Grand Jury Subpoena, 599 F.2d 504, 511 (2d Cir. 1979) (“Participation of the general counsel does not automatically cloak the investigation with legal garb”). [read post]
7 Jun 2013, 3:58 am by Susan Brenner
The possibility of a grand jury proceeding is certainly within the scope of `prosecution. [read post]
31 Mar 2013, 10:35 pm by Joseph Lazzarotti
Ohio's Cleveland Clinic could not convince a federal district court to dismiss a patient's claim for invasion of privacy following the clinic’s disclosure of medical records to a grand jury in response to a subpoena. [read post]
15 Mar 2013, 4:30 am by Susan Brenner
Last year, in In re Grand Jury Subpoena Duces Tecum,670 F.3d 1335 (U.S. [read post]
22 Feb 2013, 8:22 am by Ron Coleman
It also states that the district court erred in limiting the immunity it granted Doe to only apply to grand jury testimony and not the derivative use of the evidence in question. [read post]
5 Sep 2012, 12:48 pm by Richard
Instead, I want to discuss in this post some of the practical reasons why the feds sometimes select search warrants, as opposed to utilizing grand jury subpoenas, or some other method, to obtain evidence of a crime.As a former federal prosecutor for over 20 years, (currently, I am an Augusta, Georgia criminal defense lawyer), I often had to advise or plan with federal agents about which evidence-gathering method to use. [read post]
28 Aug 2012, 6:19 am by Joe Kristan
  Jack Townsend, Seventh Circuit Compels Production of Offshore Bank Under the Required Records Doctrine: The Seventh Circuit today decided In Re: Special February 2011-1 Grand Jury Subpoena Dated September 12, 2011, here, holding that the required records doctrine requires a taxpayer asserting a Fifth Amendment privilege to produce the documents required to be maintained under the FBAR statute. [read post]
25 Aug 2012, 10:18 pm
Defendant-appellant’s friend was not charged in either of these crimes, and returned home to Fort Lauderdale after her appearance before the grand jury. [read post]
20 Aug 2012, 3:00 am by Ted Folkman
The most notable is In re Grand Jury Subpoena, 438 F.3d 1141 (D.C. [read post]
10 Aug 2012, 1:39 pm
The Fourth Amendment's third party records rule permits the use of a DEA administrative subpoena rather than a grand jury subpoena for electric records. [read post]
9 Aug 2012, 6:19 am by J. Adam Engel
  In re Grand Jury Subpoena (Amazon), Case No. 07-GJ-04, W.D. [read post]
24 Jul 2012, 5:36 am
While conceding that the it "would most likely" have been appropriate for the government to issue a grand jury subpoena for his saliva at the pre-indictment stage of the case (defendant's Response [51], ¶25), defendant argues that since the government failed to take advantage of this alternative remedy (which is no longer available), no order may be issued under the All Writs Act (id.) [read post]