California Appellate Tracker

In re Twelve Grand Jury Subpoenas

January 21, 2019

There are no circumstances under which a records custodian can resist a subpoena for a collective entity’s records on Fifth Amendment grounds.

Braswell v. United States, 487 U.S. 99, 104 (1988), remained good law. There are no circumstances under which a records custodian could resist a subpoena for a collective entity’s records on Fifth Amendment grounds—no matter how small the collective entity is and no matter how likely it is that a jury will conclude that the custodian prepared the documents.

Ninth Circuit Court of Appeals (per curiam); November 8, 2018; 908 F.3d 525

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In re Twelve Grand Jury Subpoenas

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