United States DC Circuit

In a grand jury investigation of a psychiatrist who may have billed Medicaid for services he did not provide, denial of a motion to quash a subpoena for certain documents served on the doctor's attorney is affirmed where: 1) sharing the client's records with the government destroyed whatever attorney-client privilege might have attached to them, regardless of whether the client gave the documents to the attorney for legal advice; and 2) there was no Fifth Amendment question involved since the subpoena was directed at the attorney who possessed the records and not the client.

Appellate Information

• Argued 05/13/2008
• Decided 06/06/2008
• Published 06/06/2008

Judges

• Before:  SENTELLE, Chief Judge, and HENDERSON and RANDOLPH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Barry Coburn argued the cause for appellant.   With him on the briefs was Gloria Solomon.


• For Appellees:
  
• Patricia A. Heffernan, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese III and Virginia Cheatham, Assistant U.S. Attorneys.