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In re Jury

The D.C. Circuit affirmed a decision of the district court denying a motion to quash based on the claim of attorney-client privilege. The case before the court involved a grand jury investigation of a psychiatrist who may have billed Medicaid for services he did not provide. In an attempt to exonerate his client, the doctor's attorney showed patient records to the assistant U.S. attorney and FBI special agent investigating the matter. The government made copies of these documents and the originals remained in the possession of the attorney. Several days later, when the government served a subpoena on the attorney, seeking the original documents for forensic ink analysis, the doctor joined the attorney's motion to quash the subpoena, claiming that attorney-client privilege protected the documents. The appeals court affirmed the trial court denial of the motion to quash.

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Argued May 13, 2008

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

A grand jury is investigating a psychiatrist who may have billed Medicaid for services he did not provide. In an attempt to exonerate his client, the doctor’s attorney showed patient records to the Assistant U.S. Attorney and FBI special agent investigating the matter. The government made and kept copies of these documents. The originals remained in the possession of the attorney. Several days later, the government served a subpoena on the attorney, seeking the original documents for forensic ink analysis in order to determine whether they were created at a later date than indicated on the documents. The doctor joined the attorney’s motion to quash, claiming that attorney-client privilege protected the documents. The district court denied the motion. We affirm.

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