Special Investigation No. 229, In re, 116

CourtCourt of Appeals of Maryland
Citation458 A.2d 80,295 Md. 584
Docket NumberNo. 116,116
PartiesIn re SPECIAL INVESTIGATION NO. 229.
Decision Date28 March 1983

Stefan D. Cassella, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen. and John-Claude Charbonneau, Asst. Atty. Gen., Baltimore, on brief), for appellant.

David R. Addis, Washington, D.C. (Dickstein, Shapiro & Morin, Washington, D.C., on brief), for appellee.

Argued before SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ., and W. ALBERT MENCHINE, Associate Judge of the Court of Special Appeals (retired), specially assigned.

PER CURIAM.

This is yet another case involving the accountant-client privilege. See In Re Special Investigation No. 236, 295 Md. 573, 458 A.2d 75 (1983), for a case argued the same day. This proceeding also involves the investigation by the Attorney General into Medicaid fraud. A subpoena was laid in the hands of an accountant. Those whose papers were affected sought and obtained an order of the Criminal Court of Baltimore quashing the subpoena on the grounds of the accountant-client privilege. The Attorney General appealed to the Court of Special Appeals. On our own motion we issued a writ of certiorari prior to hearing in the latter court.

This appeal must be dismissed. The term of the grand jury in question has expired. No effort was made to have the grand jury continued beyond its term. Thus, if we were to reverse in this proceeding there would be no one to whom the subpoena would be returnable. See In Re Special Investigation No. 195, 295 Md. 276, 454 A.2d 843 (1983).

APPEAL DISMISSED; APPELLANT TO PAY THE COSTS.

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  • Baa v. Acacia, 19, September Term, 2006.
    • United States
    • Court of Special Appeals of Maryland
    • July 27, 2007
    ......In addition, BAA asserts that the Court of Special Appeals erred when it concluded that the word "assets" in the Fraudulent .... ."). See In re Special Investigation No. 236, 295 Md. 573, 577, 458 A.2d 75, 76-77 (1983), tracing the history ...573, 458 A.2d 75, and In re Special Investigation No. 229, 295 Md. 584, 458 A.2d 80 (1983). The decisions in those cases make it ...115 at 5, appellant's brief in No. 116 at 5. . 17. Not only is the present case a civil action, but it is based ......
  • Special Investigation No. 224, In re, 202
    • United States
    • Court of Special Appeals of Maryland
    • April 7, 1983
    ...54 Md.App. 201, 458 A.2d 450 (1983); In Re: Special Investigation No. 236, 295 Md. 573, 458 A.2d 75 (1983); In Re: Special Investigation No. 229, 295 Md. 584, 458 A.2d 80 (1983); In Re: Special Investigation No. 195, 295 Md. 276, 454 A.2d 843 (1983); In Re: Special Investigation No. 242, 53......
  • Special Investigation No. 244, In re, 117
    • United States
    • Court of Appeals of Maryland
    • May 5, 1983
    ...therefore, that there is now no one to whom the subpoena is returnable and the subpoena must be quashed. See In Re Special Investigation No. 229, 295 Md. 584, 458 A.2d 80 (1983), and In Re Special Investigation No. 195, 295 Md. 276, 454 A.2d 843 (1983). However, because there is likely to b......
  • Special Investigation No. 249, In re, 133
    • United States
    • Court of Appeals of Maryland
    • June 27, 1983
    ...subpoenas originally issued in this proceeding are returnable. Accordingly, the subpoenas must be quashed. See In Re Special Investigation No. 229, 295 Md. 584, 458 A.2d 80 (1983), and In Re Special Investigation No. 195, 295 Md. 276, 454 A.2d 843 (1983). As in Special Investigation No. 244......
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