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IN RE SIX GRAND JURY WITNESSES

Nos. 333, 334, 335, 336, Dockets 92-6147, 92-6149, 92-6151, 92-6157.

979 F.2d 939 (1992)

In re SIX GRAND JURY WITNESSES. UNITED STATES of America, Appellee, v. John DOE # 1; John Doe # 3; John Doe # 5; John Doe # 6, Respondents-Appellants, Richard Roe; XYZ Corporation, Intervenors-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 19, 1992.

Attorney(s) appearing for the Case

Peter J. Romatowski, Washington, D.C. (Clifton S. Elgarten, Cary H. Plamondon, Crowell & Moring, Washington, D.C.; Vincenti & Schickler, New York City, of counsel), for appellant XYZ Corp.

Herald Price Fahringer, New York City (Diarmuid White, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, of counsel), for appellant Richard Roe.

Peter J. Tomao, Asst. U.S. Atty. for the Eastern District of New York (Andrew J. Maloney, U.S. Atty., Peter A. Norling, Emily Berger, Charles S. Kleinberg, Asst. U.S. Attys. for the Eastern District of New York, of counsel), for appellee U.S.

John F. Kaley, Weinberg, Kaley & Pergament, P.C., Garden City, N.Y., of counsel; James O. Druker, Kase & Druker, Garden City, N.Y., of counsel, filed a joint brief for respondents-appellants John Doe # 1, John Doe # 3, John Doe # 5, John Doe # 6.

Before FEINBERG, NEWMAN, and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

Believing it had been deliberately defrauded by a subcontractor under a government contract, the United States commenced a criminal investigation and summoned several company employees to testify before a grand jury. When the contractor corporation learned it was the target of a criminal investigation it retained counsel, consulted with company officials and implemented an approach to evaluating the work performed that it believed would demonstrate...

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