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IN RE ADMINISTRATIVE SUBPOENA

No. 00-4374.

289 F.3d 843 (2001)

In re: ADMINISTRATIVE SUBPOENA James Smith, D.P.M., Petitioner-Appellant, v. United States of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 13, 2001.

Attorney(s) appearing for the Case

ARGUED: Patrick A. D'Angelo, Cleveland, Ohio, for Appellant. Subodh Chandra, United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF: Patrick A. D'Angelo, Cleveland, Ohio, for Appellant. Subodh Chandra, United States Attorney, Cleveland, Ohio, for Appellee.

Before: SILER and MOORE, Circuit Judges; STAGG, District Judge.

OPINION

MOORE, Circuit Judge.

Petitioner-Appellant, whom we will refer to as "James Smith," appeals the district court's order denying his motion to quash an administrative subpoena issued by the Department of Justice ("DOJ") pursuant to a health care fraud investigation. The administrative subpoena, issued pursuant to the DOJ's authority under § 248 of the Health Insurance Portability & Accountability Act ("HIPAA"), ordered Smith to turn over a...

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