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Showing posts from December, 2010

Grand Jury Subpoenas for Documents of a Public Investigation Enforceable

The Ninth Circuit Court reversed an order in the district court. The Ninth Circuit held that grand jury subpoenas for documents were enforceable where they came within subpoena power through litigation initiated after the grand jury investigation became public.

The government conducted an anti-trust investigation into alleged criminal conduct that became public. Private lawsuits were filed against the companies under investigation. These lawsuits were consolidated in district court into one case. During that litigation discovery produced defendants' documents that originated from outside of the United States. Several domestic law firms representing the defendant companies possessed the documents and were subpoenaed by the grand jury in the government investigation. The law firms moved to quash the subpoenas. The district court agreed, finding novel issues with the implications for grand-jury power and for the relationship between grand-jury proceedings and civil discovery of forei…

Ninth Circuit rules that "Honest Services" Mail Fraud Does Not Require Proof of Fiduciary Relationship

The Ninth Circuit Court reversed a district court order on Friday, December 3rd, that dismissed an indictment, remanding the action for further proceedings. The Court held that "honest services" mail fraud did not require proof of a fiduciary relationship nor did it require damages to the money or property of the victim. 

Brano Milovanovic and three others, (collectively Milovanovic), were indicted for "honest services" mail fraud for, according to the indictment, participating in a corrupt scheme to obtain commercial drivers' licenses in the State of Washington by cheating on the associated tests and falsifying residency in exchange for bribes. Milovanovic, a certified Bosnian translator, bribed a co-defendant who worked for a firm the state department employed to administer driving tests. Milovanovic and his co-defendant were not employees of the state and the state was not deprived of any fees associated with the commercial drivers' license testing proces…