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U.S. v. RESNICK, CCB-14-0412 (2016)

Court: District Court, D. Maryland Number: infdco20160111719 Visitors: 8
Filed: Jan. 08, 2016
Latest Update: Jan. 08, 2016
Summary: MEMORANDUM and ORDER CATHERINE C. BLAKE , District Judge . A motion to compel full compliance with Rule 17(c) subpoena (ECF NO. 182) has been filed by counsel for defendant William Crittenden and fully briefed. A conference call was held today with Steve Allen, counsel for Henry Schwartz, Esquire, and government and defense counsel. Mr. Schwartz has asserted attorney-client and work-product protection on behalf of his clients Alina Margulis and Michael Resnick. Counsel for Ms. Margulis and
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MEMORANDUM and ORDER

A motion to compel full compliance with Rule 17(c) subpoena (ECF NO. 182) has been filed by counsel for defendant William Crittenden and fully briefed. A conference call was held today with Steve Allen, counsel for Henry Schwartz, Esquire, and government and defense counsel. Mr. Schwartz has asserted attorney-client and work-product protection on behalf of his clients Alina Margulis and Michael Resnick. Counsel for Ms. Margulis and Mr. Resnick have been made aware of this motion, at least by virtue of its filing on CM/ECF. They have taken no position on the record.

It appears to the court that the documents, even those dated after Mr. Crittenden's departure from Healthy Life, may well be relevant to testimony to be presented in this criminal conspiracy case generally and to Mr. Crittenden's defense. It also appears, in light of the facts admitted to in the plea agreements entered by Ms. Margulis and Mr. Resnick, that the crime-fraud exception has been satisfied. Chaudhry v. Gallerizzo, 174 F.3d 394, 403 (4th Cir. 1999).

Accordingly, unless any additional objection is filed by noon on Tuesday, January 12, 2016, Mr. Allen is directed to produce the withheld documents to counsel for Mr. Crittenden on Wednesday, January 13, 2016. Counsel will promptly advise the government if he plans to offer any of those documents in the defense case.

A copy of this Order is being sent to all counsel, including counsel for Ms. Margulis and Mr. Resnick, by CM/ECF.

SO ORDERED.

Source:  Leagle

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