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In re Grand Jury Proceedings Request for Compulsion Order Against John Doe Richard Roe and Corporation X

In Re GRAND JURY PROCEEDINGS Request for Compulsion Order Against John Doe; Richard Roe and Corporation X, Appellants

In re Grand Jury Proceedings Request for Compulsion Order Against John Doe Richard Roe & Corp. X, 674 F.2d 309 (4th Cir. 1982)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
March 29, 1982
Docket
No. 81-2230
Judges
Haynsworth, Butzner, Widener
Citations
674 F.2d 30910 Fed. R. Serv. 18950 A.F.T.R.2d (RIA) 55741982 U.S. App. LEXIS 20601

Opinion — Haynsworth

HAYNSWORTH, Senior Circuit Judge:

This case involves the crime/fraud exception to the attorney-client privilege and the work product doctrine. The district court issued an order compelling John Doe, the attorney for Richard Roe and Corporation X, to testify before the grand jury because it found that the government had made a prima facie showing that the crime/fraud exception was applicable. The district court based its decision on an in camera review of a document prepared by an Internal Revenue Service Special Agent which summarized the testimony before the grand jury. We have examined the document in camera.

It contains evidence of serious crimes committed by Richard Roe and other persons. While it is unclear from the document whether the attorney knew of the criminal activity, * it is clear that the attorney was hired to further the criminal activity. Based on our review of the document, we find that the government has made out a prima facie case that the crime/fraud exception is applicable.

See also In re John Doe, 662 F.2d 1073 (4th Cir. 1981).

We find no due process violation in the procedures used by the district court. In light of the foregoing, we affirm the district court’s order.

AFFIRMED.

* The lawyer’s position is that he did not know. He wishes to appear before the grand jury to clear his name.

How later courts describe this case

Explanatory parentheticals written by citing courts — 4 in all; the most informative distinct ones are shown.

Cited by 10 cases

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1986: 21988: 11989: 21991: 11994: 22003: 12005: 119862026peak 1986 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
In re Doe, 662 F.2d 1073 (4th Cir. 1981) 69

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