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IN RE GRAND JURY SUBPOENAS, 89-3 AND 89-4, JOHN DOE 89-129

No. 90-5901.

902 F.2d 244 (1990)

In re GRAND JURY SUBPOENAS, 89-3 AND 89-4, JOHN DOE 89-129. UNITED STATES of America, Plaintiff-Appellee, v. UNDER SEAL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 26, 1990.

Attorney(s) appearing for the Case

Milton Eisenberg, argued, Jack B. Gordon, Bruce J. Casino, Jonathan M. Jacobson, on brief, Fried, Frank, Harris, Shriver & Jacobson, Washington, D.C., for defendant-appellant.

Mark J. Hulkower, Asst. U.S. Atty., argued, Henry E. Hudson, U.S. Atty., on brief, Alexandria, Va., for plaintiff-appellee.

Before ERVIN, Chief Judge, and RUSSELL and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

The district court in this case granted Movant's motion to quash subpoenas issued by two grand juries with respect to certain papers in its possession on the grounds of attorney-client privilege or work-product privilege, or both, and held that the Government had not established a prima facie case for the crime-fraud-tort exception to the attorney-client privilege. 734 F.Supp. 1206. It also held that the Government was, nevertheless, on the...

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