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In re Grand Jury Subpoena

745 F.3d 681 (2014)

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In re Grand Jury Subpoena

United States Court of Appeals for the Third Circuit
745 F.3d 681 (2014)

SC

Facts

The Federal Bureau of Investigation (FBI) believed that a corporation (defendant) and its president violated the Foreign Corrupt Practices Act. The grand jury subpoenaed the corporation’s attorney, seeking to compel the attorney’s testimony based on the crime-fraud exception to the attorney-client privilege. The government filed a motion to enforce the subpoena. In support of the motion, the government filed an affidavit with details of the FBI investigation and the attorney’s role in the alleged ongoing illegal conduct. The corporation asserted the attorney-client privilege. The district court granted the government’s motion and examined the attorney in camera. The examination revealed that the attorney advised the president on which aspects of his conduct in certain situations would be illegal. The district court found that the president used the attorney’s advice to tailor the corporation’s conduct in a manner that furthered the corporation’s illegal conduct. The court thus ordered the attorney to testify. The corporation appealed.

Rule of Law

Issue

Holding and Reasoning (Fisher, J.)

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