In re Grand Jury Proceedings, No. 15-1555 (1st Cir. 2015)
Annotate this CaseAppellant was the target of a grand jury investigation into an alleged scheme to defraud investors regarding the salvaging of a sunken vessel. The government moved to compel the production of documents from Appellant’s attorneys in connection with the grand jury investigation. The district court granted the motion. The court also granted the government’s motion for a judicial determination that the crime-fraud exception applied to materials seized from Appellant’s home, thereby rejecting Appellant’s claim of attorney-client privilege. In Appellant’s opposition to the government’s motion to compel, Appellant requested that the district court conduct an in camera review of the documents that were the subject of the motion to compel. The district court did not address this request. The First Circuit affirmed, holding (1) there was ample evidence for the district court to conclude that Appellant was engaged in a scheme to commit a crime or fraud and that at least some of the communications between Appellant and Appellant’s attorneys were intended by Appellant to facilitate that fraudulent scheme; and (2) because Appellant failed to produce a privilege log as required under the Federal Rules, Appellant’s request for in camera review was not preserved.
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