ARTICLES

By Solomon L. Wisenberg

First Circuit Strikes Down Massachusetts Local Federal Court Rule in Slap at District Judges. McDade Act Not a Factor. - In a broad and stunning opinion a First Circuit panel has struck down a local federal court rule which required federal prosecutors to engage in an adversarial hearing and obtain judicial approval before issuing grand jury or trial subpoenas to attorneys. Local Rule 3.8(f), patterned on an identical Massachusetts State Bar Rule and on an outdated version of ABA Model Rule 3.8(f), prohibited federal prosecutors from issuing grand jury or trial subpoenas to attorneys "to present evidence against a past or present client" unless: (1) the prosecutor reasonably believed that: (i) the information sought was not privileged; (ii) the evidence sought was essential to the successful completion of an ongoing investigation or prosecution; and (iii) there was no other feasible alternative to obtain the information; and (2) the prosecutor obtained prior judicial approval after an adversarial hearing.

When The Feds Come Calling on the White Collar Suspect: How To Avoid Going To Jail Under 18 U.S.C. Section 1001 - Did you know that it is a crime to tell a lie to the federal government? Even if your lie is oral and not under oath? Even if you have received no warnings of any kind? Even if you are not trying to cheat the government out of money? Even if the government is not actually misled by your falsehood? Well it is.

The Very Unusual Letter of Bill Johnston