Jaskolski v. Daniels

Joseph Jaskolski (defendant) assisted federal prosecutors in investigating Rick Daniels and three of his relatives (collectively, the Danielses) (plaintiffs) for insurance fraud. The prosecutor deemed Jaskolski to be government personnel, which prohibited him from disclosing a matter before the grand jury. Under Federal Rule of Criminal Procedure (FRCP) 6(e)(2)(B)(vii), a person was obligated to secrecy if disclosure is made pursuant to FRCP 6(e)(3)(A)(ii). FRCP 6(e)(3)(A)(ii) referred to “government personnel” that a government attorney has deemed necessary to assist them in their duty to enforce federal criminal law. The Danielses were acquitted, and they sued Jaskolski and his employer, the National Insurance Crime Bureau (the bureau) (defendant), for malicious prosecution in state court. The Danielses sought discovery of documents that Jaskolski argued were grand jury materials, exempt from disclosure under FRCP 6(e). The state court ordered Jaskolski to turn over the requested documents, and he and the bureau filed suit in federal court, seeking an injunction. The district court enjoined the Danielses from seeking discovery in state court, and it ordered that the district court judge supervising the federal grand jury have exclusive authority to decide which documents would be released to the Danielses. The parties and the United States filed an appeal, asking the United States Court of Appeals for the Seventh Circuit to determine whether private insurance investigators qualify as government personnel under FRCP 6(e)(3)(A)(ii).