Editors’ Note: This article has been updated to reflect a Correction.
Because of the breadth of government theories extending the reach of federal criminal law, particularly in white-collar cases, many civil proceedings containing an allegation of fraud pose a danger to defendants with respect to potential cross-pollination of evidence. Defense attorneys often seek to prevent such spillover through the use of protective orders. But, a gray area exists as to how effective a civil protective order is in the face of a grand jury subpoena.
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