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70 Dep't of Just. J. Fed. L. & Prac. 105 (2022)
Toward a Safety Valve for Sharing Documents Obtained by Grand Jury Subpoena in Parallel Investigations

handle is hein.journals/usab70 and id is 818 raw text is: Toward a Safety Valve for Sharing Documents Obtained by Grand Jury Subpoena in Parallel Investigations Paul W. Kaufman1 Assistant U.S. Attorney Eastern District of Pennsylvania Rule 6 of the Federal Rules of Criminal Procedure can have a profound impact on parallel fraud investigations. The best way to address these issues is to avoid them entirely through considered, cooperative use of other mechanisms for obtaining information like agency Office of Inspector General (OIG) subpoenas, Health Insurance Portability and Accountability Act (HIPAA) subpoenas, or civil investigative demands. By holding off on grand jury processes as long as possible, investigators can proceed in parallel investigations without concern for grand jury secrecy. In some cases, using other tools is not possible. In others, the civil issues may emerge mid-investigation, after a grand jury subpoena has already been used to obtain documents. The Supreme Court's decision in United States v. Sells Engineering, Inc.2 significantly limits parallel investigations once grand jury testimony begins. Sells Engineering, however, does not preclude cooperation between the Department of Justice's (Department) Civil and Criminal Divisions (referred to as civil and criminal, respectively, going forward) in all cases where grand jury subpoenas have obtained documents. In some cases, the civil and criminal Assistant U.S. Attorneys (AUSAs)3 can effectively cooperate and exchange information, even if documents have already been obtained by grand jury subpoena. But to maximize the opportunities for cooperation in some cases, critical documents obtained by grand jury subpoena 1 The author gratefully acknowledges the contributions to this article of former USAO extern Timothy Cordova, former colleagues Margaret L. Hutchinson and Michael Levy, incomparable current colleagues Veronica Finkelstein and Anthony Scicchitano, and supervisors Charlene Keller Fullmer and Gregory David. 2 463 U.S. 418, 427 (1983). a This article refers to AUSAs by their function in a particular case. DOJ Journal of Federal Law and Practice August 2022 105

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