· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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