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Law School Case Brief

In re Caremark Int'l - No. 94 C 4751, 1997 U.S. Dist. LEXIS 10948 (N.D. Ill. July 23, 1997)

Rule:

Fed. R. Crim. P. 6(e)'s prohibition against disclosure excludes grand jury witnesses. Consequently, grand jury witnesses are permitted to disclose the substance of their testimony without violating the rule.

Facts:

Caremark International, Inc. ("Caremark") was investigated by government agents and agencies for the alleged defrauding of third-party insurance carriers. Subsequently, plaintiffs brought suit against corporation for its alleged illegal and fraudulent conduct. Plaintiffs then sought to obtain deposition testimony from corporation and third-party witnesses concerning statements that they made to government agents. The witnesses were instructed by counsel not to answer the questions. Plaintiffs moved to compel the testimony, and corporation opposed the motion on the ground that the testimony sought would have violated Fed. R. Crim. P. 6(e)'s prohibition against disclosure of grand jury proceedings. 

Issue:

Was the motion to compel party witnesses to testify violative of  Fed. R. Crim. P. 6(e)?

Answer:

No

Conclusion:

The Court granted the motion, holding that Fed. R. Crim. P. 6(e)'s prohibition against disclosure excluded grand jury witnesses. Consequently, grand jury witnesses were permitted to disclose the substance of their testimony without violating Fed. R. Crim. P. 6(e). Persons who were merely interviewed during an investigation, whether as part of a grand jury investigation or separate from it, were not barred from disclosing the substance of their statements to federal investigators.

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