Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

In re Sealed Case

Denial of plaintiffs' motion affirmed where plaintiffs sought to require the government to show cause why it should not be held in contempt for divulging grand jury testimony to the judge hearing a related qui tam case under seal; prosecuting attorneys followed up with a proper motion to the grand jury court for transmittal of the testimony to the qui tam court, so holding the government in civil contempt would have served no useful purpose.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued February 8, 2001

A witness before a grand jury sitting in the United States District Court for the District of Columbia testified that he had received a copy of the qui tam complaint in a certain sealed civil proceeding then pending before a different federal district court. Two prosecuting attorneys from the Department of Justice, acting upon their own initiative and without the approval of the court supervising the grand jury (hereinafter sometimes referred to as the grand jury court), informed the judge hearing the qui tam case of the breach of the seal and provided him with a summary of the witness’s testimony before the grand jury. That judge then sent a letter to the district court here requesting a copy of the relevant testimony, and the Government moved the court ex parte to transmit the testimony pursuant to Federal Rule of Criminal Procedure 6(e)(3)(E). The court acceded and ordered the relevant portions of the grand jury transcript transmitted to the court that had requested them (hereinafter sometimes referred to as the qui tam court).

The plaintiffs in this case, including the witness who testified before the grand jury about the breach of the seal, are also plaintiffs in the qui tam action; they are aggrieved because divulgement and subsequent transmission of the grand jury testimony have jeopardized their entitlement to share in the financial settlement in the civil case. The plaintiffs appeal from the district court’s denial of two motions: one requesting that the Government be ordered to show cause why it should not be held in contempt for violating Rule 6(e) by divulging to the qui tam court a matter occurring before the grand jury; and another seeking vacatur of the district court’s order transmitting the testimony to that court because the order did not comply with the requirements of Rule 6(e)(3)(E).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Women, Influence & Power in Law US Awards 2024
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
Women, Influence & Power in Law (WIPL) 2024
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More
New England Legal Awards 2024
September 26, 2024
Boston, MA

The New England Legal Awards serves as a testament to the outstanding contributions and achievements made by legal professionals.


Learn More
Go to Events Go to Webcasts
ASSOCIATE ATTORNEY - Philadelphia

Philadelphia Plaintiff litigation firm seeks an associate attorney with at least 2 years' experience to join our team handling personal inju...


Apply Now ›
Clerk of the Panel

Position OverviewThe United States Judicial Panel on Multidistrict Litigation is accepting applications for the full-time, permanent positio...


Apply Now ›
Associate

A prominent AV-rated Education Law firm seeks an associate with 5+ years experience. The role will primarily involve advice and counsel in ...


Apply Now ›
Go to Lawjobs