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IN RE IMPOUNDED

No. 00-5186.

241 F.3d 308 (2001)

In re IMPOUNDED.

United States Court of Appeals, Third Circuit.

Filed February 20, 2001.

Attorney(s) appearing for the Case

Allan Tananbaum, Esquire (argued), George S. Leone, Esquire, Office of United States Attorney, 970 Broad Street, Room 700, Newark, New Jersey 07102, for appellant.

Cathy Fleming, Esquire, Wolf, Block, Schorr & Solis-Cohen, 250 Park Avenue, New York City, New York 10177, for appellee, John Doe 1.

Paul J. Fishman, Esquire (argued), Friedman, Kaplan & Seiler, One Gateway Center, 25th Floor, Newark, New Jersey 07102, for appellee, John Doe 2.

Before: SCIRICA, NYGAARD and BARRY, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this grand jury proceeding, the issue on appeal is whether, on the facts presented, the crime-fraud exception overrides the attorney-client privilege. In the proceedings below, the District Court declined to enforce a grand jury subpoena issued to an attorney. Citing the crime-fraud exception, the government has appealed.1

I.

Over four years ago in April 1996,...

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