United States v. Bay State Ambulance and Hospital Rental Service, Inc.
United States Court of Appeals for the First Circuit
874 F.2d 20 (1989)
- Written by Sean Carroll, JD
Facts
Bay State Ambulance and Hospital Rental Service, Inc. (Bay State) and John Felci (defendants) were indicted for conspiracy to commit Medicare fraud. Felci was an employee at the Quincy City Hospital and retained attorney Gideonse to represent him in the matter. Related to the indictment, Bay State’s in-house attorney, Shuman, asked Felci for documentation of the hours that he had worked for Bay State. Shuman told Felci that he was requesting the information to help answer questions posed by the Federal Bureau of Investigation (FBI). Felci provided a document to Shuman, which Shuman later submitted to the FBI. Felci did not ask anything of Shuman and did not pay Shuman for any legal services. Significantly, Felci did not inform Gideonse about the document until months later. The district court admitted the document into evidence, and Felci was convicted. Felci appealed, arguing that the document was protected by the joint-defense privilege, which afforded two sets of clients and their attorneys to communicate about a common legal interest without waiving attorney-client privilege.
Rule of Law
Issue
Holding and Reasoning (Bownes, J.)
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