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In re Administrative Subpoena John Doe, D.P.M.

253 F.3d 256 (2001)

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In re Administrative Subpoena John Doe, D.P.M.

United States Court of Appeals for the Sixth Circuit

253 F.3d 256 (2001)

Facts

John Doe (defendant), a podiatrist, was under investigation for a kickback scheme in which he referred patients to medical laboratories for unnecessary tests and received payments for the referrals. As part of the Department of Justice (DOJ) investigation, an administrative subpoena was issued pursuant to the DOJ’s authority under 18 U.S.C. § 3846, a provision of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) that permitted the attorney general to issue administrative subpoenas in federal healthcare investigations. The statute allowed the subpoena to request any records that might be relevant. The subpoena ordered Doe to provide documents including professional-education records, ethical-training records, personal financial records, business financial records, and records of any assets transferred from Doe to his children. Doe did not turn over the documents and instead filed a motion to quash the subpoena because it was unreasonably burdensome and the documents sought were irrelevant. The district court denied the motion to quash. Doe appealed the denial of the motion.

Rule of Law

Issue

Holding and Reasoning (Moore, J.)

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