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UNITED STATES v. ACKERT

Docket Nos. 97-6293, 97-6333.

169 F.3d 136 (1999)

UNITED STATES of America, Petitioner-Appellant-Cross-Appellee, v. David A. ACKERT, Respondent-Appellee, Paramount Communications, Inc. (now Viacom International, Inc.), CPW Investments Ltd., CPW Holdings, Inc., Nieu Oranjestad Partnership, Nieuw Oranjestad Partnership and Maarten Investerings Partnership, Intervenors-Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 26, 1999.

Attorney(s) appearing for the Case

Kenneth W. Rosenberg, Washington, D.C. (Loretta C. Argrett, Assistant Attorney General, Washington, D.C.; Charles E. Brookhart, Department of Justice; John H. Durham, United States Attorney for the District of Connecticut, Of Counsel), for Petitioner-Appellant-Cross-Appellee.

Maria T. Vullo, New York, NY (H. Christopher Boehning and Lavatus V. Powell, III, Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY, Of Counsel), for Intervenors-Appellees-Cross-Appellants.

David H. Braff and Michael W. Martin, Sullivan & Cromwell, New York, NY (On the Brief), for Respondent-Appellee.

Before: JACOBS and LEVAL, Circuit Judges, and MURTHA, Chief District Judge.

LEVAL, Circuit Judge:

The United States of America appeals from a decision of the district court (William I. Garfinkel, Magistrate Judge) in a tax summons enforcement proceeding, barring the Internal Revenue Service from questioning Respondent David A. Ackert, an investment banker, about his conversations with Paramount Corporation's counsel, by reason of Paramount's attorney-client privilege. We reverse.

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