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IN RE THREE GRAND JURY SUBPOENAS DUCES TECUM

Docket No. 99-1143.

191 F.3d 173 (1999)

In re THREE GRAND JURY SUBPOENAS DUCES TECUM DATED JANUARY 29, 1999 United States of America, Appellant, v. John Doe # 1, John Doe # 2, John Doe # 3, Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 7, 1999.

Attorney(s) appearing for the Case

Andrea Likwornik Weiss, Assistant United States Attorney, New York, N.Y. (Mary Jo White, United States Attorney for the Southern District of New York, Alex Young K. Oh, Ira M. Feinberg, Assistant United States Attorneys, New York, NY, on the brief), for Appellant.

Jerome Gotkin, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, MA (Joseph F. Savage, Jr., Testa, Hurwitz & Thibeault, LLP., Boston, MA, on the brief), for Appellee John Doe I.

Richard D. Weinberg, Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York, N.Y. (Anirudh Bansal, New York, NY, on the brief), for Appellee John Doe II.

Joel Cohen, Stroock & Stroock & Lavan, New York, N.Y. (Michele L. Pahmer, New York, NY, on the brief), for Appellee John Doe III.

Before: WINTER, Chief Judge, WALKER, and CABRANES, Circuit Judges.

WALKER, Circuit Judge:

This case presents the question of whether an ex-employee of a corporation may assert a Fifth Amendment privilege to refuse to respond to a grand jury subpoena demanding that he produce documents belonging to his former employer on the ground that the act of producing the documents would be both testimonial and incriminating. Because we conclude that a Fifth Amendment privilege is available to the ex-employee in such circumstances, we affirm...

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