Epstein Secrets

ers do not create a genuine issue as to any material fact. United States v. Carving, 968 F.2d 232, 236 (2d Cir. 1992), abrogated on other grounds by Ratzlaf v. United States, 510 U.S. 135 (1994. Moreover, it is well settled that a material issue of fact sufficient to justify an evidentiary 112 EFTA0010

a witness against himself, within the meaning of the fifth amendment." (Det. Mot. 11 at 15) (quoting Boyd, 116 U.S. at 634-35). In In re Grand Jury Subpoena Duces Tecum Dated Oct 29, 1992, the Second Circuit ruled that the Fifth Amendment does not protect the contents of private papers that are not business d

ers do not create a genuine issue as to any material fact. United States v. Carving, 968 F.2d 232, 236 (2d Cir. 1992), abrogated on other grounds by Ratzlaf v. United States, 510 U.S. 135 (1994. Moreover, it is well settled that a material issue of fact sufficient to justify an evidentiary 112 EFTA0007

entitled to rely upon the enforceability of a protective order against any third parties, including the Government." Id.; see also In re Grand Jury Subpoena Duces Tecum Dated Apr. 19, 1991, 945 F.2d 1221, 1224-25 (2d Cir. 1991) ("The Martindell test [ ] does not transform a protective order into a grant of im

ers do not create a genuine issue as to any material fact. United States v. Carving, 968 F.2d 232, 236 (2d Cir. 1992), abrogated on other grounds by Ratzlaf v. United States, 510 U.S. 135 (1994. Moreover, it is well settled that a material issue of fact sufficient to justify an evidentiary 112 EFTA0003

entitled to rely upon the enforceability of a protective order against any third parties, including the Government." Id.; see also In re Grand Jury Subpoena Duces Tecum Dated Apr. 19, 1991, 945 F.2d 1221, 1224-25 (2d Cir. 1991) ("The Martindell test [ ] does not transform a protective order into a grant of im

779 F.2d 861 (2d Cir. 1985) 77, 80, 81 Peck v. United States, 73 F.3d 1220 (2d Cir. 1995) 112 Rakas v. Illinois, 439 U.S. 128 (1978) 82, 83 Ratzlaf v. United States, 510 U.S. 135 (1994) 112 vii EFTA00095074 Rawlings v. Kentucky, 448 U.S. 98 (1980) 83 Richardson v. Marsh, 481 U.S. 200 (1

States, 485 U.S. 681 (1988) 166 In re Enter. Mort. Acceptance Co. Sec. Litig. ("Enterprise"), 391 F.3d 401 (2d Cir. 2004) 27, In re Grand Jury Subpoena Duces Tecum Dated Apr. 19, 1991, 945 F.2d 1221 (2d Cir. 1991) In re Grand Jury Subpoena Duces Tecum Dated Oct 29, 1992, 28, 77, 33 81 1 F.3d 87 (2d

ers do not create a genuine issue as to any material fact. United States v. Carving, 968 F.2d 232, 236 (2d Cir. 1992), abrogated on other grounds by Ratzlaf v. United States, 510 U.S. 135 (1994), Peck v. United States, 73 F.3d 1220 (2d Cir. 1995). Moreover, it is well settled that a material issue of fa

s the proper remedy.39 Indeed, none of the Second Circuit cases applying Martindell contemplate suppression as a remedy. See, e.g., In re Grand Jury Subpoena Duces Tecum Dated Apr. 19, 1991, 945 F.2d at 1224 (remanding for findings "on whether the protective order was improvidently granted or whether the gover

ers do not create a genuine issue as to any material fact. United States v. Carving, 968 F.2d 232, 236 (2d Cir. 1992), abrogated on other grounds by Ratzlaf v. United States, 510 U.S. 135 (1994. Moreover, it is well settled that a material issue of fact sufficient to justify an evidentiary 112 EFTA0010

entitled to rely upon the enforceability of a protective order against any third parties, including the Government." Id.; see also In re Grand Jury Subpoena Duces Tecum Dated Apr 19, 1991, 945 F.2d 1221, 1224-25 (2d Cir. 1991) ("The Martindell test [ ] does not transform a protective order into a grant of imm