Grand Jury Proceedings, Detroit, Mich., August, 1977, In re, 77-1559
Decision Date | 28 February 1978 |
Docket Number | No. 77-1559,77-1559 |
Citation | 570 F.2d 562 |
Parties | In re GRAND JURY PROCEEDINGS, DETROIT, MICHIGAN, AUGUST, 1977. In the Matter of Lawrence S. JACKIER. |
Court | U.S. Court of Appeals — Sixth Circuit |
Thomas G. Plunkett, Campbell, Kurzman & Plunkett, Bloomfield Hills, Mich., for appellant.
James K. Robinson, U. S. Atty., Gordon S. Gold, Asst. U. S. Atty., Detroit, Mich., for appellee.
Before LIVELY, ENGEL and MERRITT, Circuit Judges.
Edmund W. Faudman, former Vice President of Arnolds, Inc., appeals a District Court denial of his motion to quash a grand jury subpoena. The grand jury subpoenaed Lawrence Jackier, attorney for Arnolds, Inc., during an investigation of federal Medicaid fraud involving alleged kickback arrangements with nursing homes. Mr. Faudman has been told he is a target of the grand jury investigation. Arnolds, Inc. has waived its attorney-client privilege and has authorized Mr. Jackier to cooperate in the grand jury investigation. Mr. Faudman, however, asserts that an attorney-client privilege continues to protect his communications with Mr. Jackier. The issue, therefore, is whether Mr. Faudman can assert an attorney-client privilege despite the waiver by the corporation.
The District Court in its Memorandum Opinion and Order, 434 F.Supp. 648 (E.D.Mich.1977) denied the motion to quash the subpoena, emphasizing that the evidence showed that Mr. Jackier's client was the corporation alone, that Mr. Faudman acted as an officer of the corporation in communicating with Mr. Jackier, and that Mr. Jackier did not represent Mr. Faudman as an individual. The district court held that the privilege was the corporation's and that, not having clearly claimed a personal privilege at the time he communicated with the corporation counsel, Mr. Faudman could not assert that privilege later. For the reasons set forth in the District Court's opinion, we affirm.
To continue reading
Request your trial-
Ross v. City of Memphis
...a personal privilege "clearly claim[ ]" he is seeking legal advice in his individual capacity. In re Grand Jury Proceedings, Detroit, Michigan, August 1977, 570 F.2d 562, 563 (6th Cir.1978) (alteration and emphasis added), aff'g 434 F.Supp. 648, 650 (E.D.Mich.1977); see also In re Bevill, B......
-
United States v. Weingarden, Crim. No. 78-80689.
...loans on behalf of the bank; a portion of the loan proceeds was paid to defendants. See also In re Grand Jury Proceedings, Detroit, Michigan, August, 1977, 570 F.2d 562, 563 (6th Cir. 1978) (reference to "investigation of federal Medicaid fraud involving alleged kickback arrangements with n......
-
Matter of OPM Leasing Services, Inc.
...corporation's affairs or embracing his or her role as an officer or director against the corporation's wishes. In re Grand Jury Proceedings, 570 F.2d 562, 563 (6th Cir. 1978); In re Grand Jury Subpoena Duces Tecum, 391 F.Supp. 1029, 1034 (S.D.N.Y.1975); United States v. Koenig, Fed.Sec.L.Re......
-
Matter of Michigan Boiler and Engineering Co.
...Grand Jury Proceedings, Detroit, Michigan, August, 1977 (In re Jackier), 434 F.Supp. 648, 650 (E.D.Mich. 1977), aff'd, 570 F.2d 562 (6th Cir.1978); Diversified Industries, Inc. v. Meredith, 572 F.2d 596, 611 n. 5 (8th Cir.1977); United States v. Keplinger, 776 F.2d 678, 701 (7th Cir.1985), ......
-
Representing Media Clients and Their Employees in Newsgathering Cases: Traps for the Unwary
...attorneys for Food Lion successfully argued that the trial court should reject claims of privilege and allow discovery of ABC's in-house legal advice and other privileged communications. This misguided decision illustrates the court's lack of understanding of the prebroadcast lawyer's role and th......