The Battle over the Scope of Rule 17(c) Subpoenas

March 30, 2017  |  Business Crimes Bulletin

White-collar prosecutions often turn on the paper trail. But the playing field is not level — not even close. Whereas the government has virtually unlimited access to business records during a grand jury investigation, the only means by which a white-collar defendant can require the production of business records from a non-party is through a subpoena under Rule 17(c) of the Federal Rules of Criminal Procedure. In our two-part article, we explain the current debate over the reach of Rule 17(c), analyze the first appellate decision to enter that debate, and urge defense counsel to push for a broader reading of Rule 17(c).

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