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Case Brief
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Marc Rich & Co, A.G, Intervenor-Appellant v. United States of America, Defendant-Appellee
731 F.2d 1032 Facts: Appellant, Swiss commodities trading corporation, petitioned for review the district court's order that held appellant in civil contempt for failing to comply with its order directing it to produce certain records pursuant to a grand jury subpoena duces tecum and that imposed a coercive fine to take effect upon the disposition of the expedited appeal. Appellant contended that the district court committed reversible error in holding that, although the government had to show in the first instance that it had good faith basis for asserting jurisdiction, once it did so, the burden of proving a lack of jurisdiction shifted to appellant. The court stated that it agreed with appellant's argument concerning the burden of proof but disagreed with appellant's contention that a reversal was required. The court held that the government made the showing that there was reasonable probability that ultimately it would succeed in establishing the facts necessary for the exercise of jurisdiction; thus, the court directed compliance with the grand jury's subpoena. Intervenor company appealed from the order of the district court denying its motion to quash a grand jury subpoena duces tecum served on intervenor’s former counsel with regard to a crude oil sale. Intenervenor argued that the documents sought were privilege, either as attorney’s work product or as attorney-client conf...
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