United States Second Circuit

In defendants' appeal from a discovery order of the district court compelling them to disclose to the SEC wiretapped conversations provided to them by federal prosecutors in a related criminal case for use in this civil enforcement action against defendants, the order is vacated where, while Title III of the Omnibus Crime Control and Safe Streets Act of 1968, does not absolutely prohibit the disclosure of wiretap conversations by defendants in a civil enforcement proceeding to a civil enforcement authority where the defendants have received the wiretaps lawfully pursuant to Title III, a district court addressing a discovery demand for such materials must balance the right of access to these materials against the privacy interests at stake.

Appellate Information

• Decided 09/29/2010
• Published 09/29/2010

Judges

• Gerard E. Lynch

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Kevin P. McGrath, Patricia A. Millett