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IN RE GRAND JURY SUBPOENA DATED FEBRUARY 2, 2012

No. 12-cv-00553 (JFB).

908 F.Supp.2d 348 (2012)

In re GRAND JURY SUBPOENA DATED FEBRUARY 2, 2012. United States of America, Movant v. John Doe, Respondent.

United States District Court, E.D. New York.

December 10, 2012.

Attorney(s) appearing for the Case

Loretta Lynch, U.S. Attorney, Eastern District of New York, Central Islip, NY, Jeffrey B. Bender and Mark W. Kotila, Trial Attorneys, Northern Criminal Enforcement Section Tax Division, U.S. Department of Justice, for Movant.

Brian P. Ketcham, Kostelanetz & Fink, LLP, New York, NY, for Respondent.

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge:

The United States of America (the "government") seeks an order compelling John Doe ("respondent") to comply with a grand jury subpoena dated February 2, 2012 (the "Subpoena"). Respondent opposes the government's motion on two grounds: (1) the government already possesses the records sought by the Subpoena and is improperly using the grand jury's subpoena power to prepare for trial; and (2) compelling...

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