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· 6/14/2001

In Re: Administrative Subpoena John Doe, D.P.M. v. United States

Citations

  • 253 F.3d 256
  • 2001 U.S. App. LEXIS 12880
  • 2001 WL 661142

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • \immediacy and intrusiveness associated with a search are not present\ in a subpoena duces tecum and thus the heightened requirement of probable cause is inapplicable
  • “[T]he DOJ’s subpoena power in investigating federal health care offenses is meant to be broad.”
  • “immediacy and intrusiveness associated with a search are not present” in a subpoena duces te-cum and thus the heightened requirement of probable cause is inapplicable
  • for a subpoena to be properly enforceable the information cannot already be in the DOJ’s possession
  • “In the case of administrative subpoenas, parties may immediately appeal District Court orders enforcing these subpoenas, as the Supreme Court has deemed them to be ‘self-contained, so far as the judiciary is concerned[.]’” (quoting Cobbledick, 309 U.S. at 330)
  • noting public importance of combating health-care fraud

Source: CourtListener parenthetical corpus (CC0).

Judges: Siler, Moore, Stagg

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.