Category Archives: Subpoenas / Nat’l Security Letters

D.Colo.: MMJ facility subject to IRS summons for back taxes can’t show summons was unreasonable

Petitioner is a medical marijuana facility under investigation by the IRS for selling product in violation of state law and not paying the taxes on it. (This was for tax years pre-recreational sales.) The IRS showed that the summonses were … Continue reading

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NYTimes: D.E.A. Secretly Collected Bulk Records of Money-Counter Purchases

NYTimes: D.E.A. Secretly Collected Bulk Records of Money-Counter Purchases by Charlie Savage:

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WaPo Retropod: Robert Morris, the creator of the subpoena

WaPo Retropod: Robert Morris, the creator of the subpoena (6:05): The history of subpoenas, and the fiery congressional hearings that have captivated Americans for centuries began with a Founding Father raising his hand to say, “Investigate me!”

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IA: Product of valid administrative subpoena could be turned over to prosecutors for other action

Defendant was a former nursing home nurse, and she was under investigation by the state for allegedly getting some government benefits she wasn’t entitled to. The state Department of Investigations and Appeals issued subpoenas for bank records. They didn’t find … Continue reading

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E.D.Tenn.: Def should have discovered his 4A claim with exercise of due diligence years earlier; 2255 denied

2255 petitioner sought to extend the statute of limitations for what he alleges is a late discovered search and seizure claim with merit. The court finds that he would have discovered the claim years early with the exercise of due … Continue reading

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D.D.C.: SEC subpoena aiding Israel securities dept is overbroad and must be narrowed

Waymack is a doctor in the U.S. who also has business in Israel. Israel sought assistance from the SEC under an international MOU for a securities investigation there. Waymack has a Fifth Amendment privilege to not provide information in the … Continue reading

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D.N.M.: The fact a SW might be invalid isn’t grounds for an injunction for return of property where prosecution was still contemplated

Plaintiff seeks an injunction contending that the seizure of tax resister literature violated the First and Fourth Amendment. The seizure was based on a warrant that it is evidence of a crime not yet prosecuted. The fact the Fourth Amendment … Continue reading

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WA: State AG’s civil investigative demand to a company did not unreasonably intrude into “private affairs” or violate 4A

A company that consolidated student loans was required to comply with the Washington State Attorney General’s civil investigative demand (CID) under Wash. Rev. Code § 19.86.110. The company did not have a right against self-incrimination and the CID did not … Continue reading

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D.S.D.: SW affidavit attachments referred to in affidavit and were used at the pre-search briefing to narrow the search

The application for the search warrant could have been more clear, but it was still apparent that the attachments were incorporated, and they completed the probable cause showing. Moreover, the attachments were used in the pre-search briefing of the officers … Continue reading

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CA3: Work email subpoena gets QI in § 1983 case; law still evolving. Kerr: Confusing?

A prosecutor and state investigator subpoenaed plaintiff’s work emails from Penn State. They get qualified immunity because there was no clearly established law that the subpoena was invalid. Plaintiff argues the evolving standards of the reasonable expectation of privacy in … Continue reading

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CA5: Texas medical board’s forthwith subpoena was shown not to be pretextual for criminal investigative purpose

Plaintiff is a doctor running a clinic dispensing opiods, and the Texas medical board got a forthwith administrative subpoena out for him and seized records. The defendants get qualified immunity. It’s not clear that doctors are a closely regulated industry … Continue reading

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D.Conn.: A safe could be searched under SW in a homicide case; logical place for weapon or ammunition

There was probable cause to search a safe found in defendant’s house for evidence in a murder case because the firearms, ammunition, clothing, or electronic devices could be there. United States v. Fable, 2018 U.S. Dist. LEXIS 129527 (D. Conn. … Continue reading

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