In re Sealed Case

825 F.2d 494 (1987)

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In re Sealed Case

United States Court of Appeals for the District of Columbia Circuit
825 F.2d 494 (1987)

Facts

A grand jury was convened to investigate some customers of a bank owned by the government of Country X (Bank X) (defendant). Bank X conducted business in Country Y and in the United States. A manager for Bank X (defendant) was familiar with the customers under investigation and their transactions. The manager had family and assets in Country Y but was a citizen of Country X and worked in the United States. The grand jury subpoenaed documents created and held by Bank X’s branch in Country Y and subpoenaed the manager’s testimony. Both Bank X and the manager declined to testify or produce documents relating to the banking activities of Bank X’s customers. Under Country Y’s bank-secrecy law, revealing customers’ bank information to anyone other than the customers was a crime. The lower court ordered the manager and Bank X to comply with the subpoena. Bank X and the manager refused on grounds of the Fifth Amendment’s right against self-incrimination and the principle of comity. Bank X and the manager noted that compliance would violate Country Y’s bank-secrecy law. The trial court found Bank X and the manager in civil contempt.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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