Epstein Secrets

be both (1) testimonial and (2) incriminating ."). Later in his Reply, in order to avoid the clear similarity between this case and United States v. Hunter , Epstein goes out of his way to assert that the computers are not incriminating. Epstein argues: "Unlike a murder weapon or bank robbery proceeds,

ge on a document by document basis explaining how the production of that document would tend to incriminate the target. See, e.g., United States v. Grable , 98 F.3d 251, 255, 257 (6 di Cir. 1996) ("The existence of `substantial and real hazards of self-incrimination' is a prerequisite to the proper ass

be both (1) testimonial and (2) incriminating."). Later in his Reply, in order to avoid the clear similarity between this case and United States v. Hunter, Epstein goes out of his way to assert that the computers are not incriminating. Epstein argues: "Unlike a murder weapon or bank robbery proceeds,

tem called for in the subpoena." (Epstein Reply at 6.) -2- EFTA01728791 document would tend to incriminate the target. See, e.g., United States v. Grable, 98 F.3d 251, 255, 257 (6 h Cir. 1996) ("The existence of `substantial and real hazards of self-incrimination' is a prerequisite to the proper asse

poena, 204 F.3d 516 (4th Cir. 2000), see Response at 21-22, was simply a claim of privilege with respect to the client's identity. United States v. Hunter, 1995 WI, 12513 (N.D.111. January 6, 1995), does not, as the government would have it. "contain[] facts similar to the ones, at bar." Response at 21

tem called for in the subpoena." (Epstein Reply at 6.) -2- EFTA00179087 document would tend to incriminate the target. See, e.g., United States v. Grable, 98 F.3d 251, 255, 257 (6 11' Cir. 1996) ("The existence of `substantial and real hazards of self-incrimination' is a prerequisite to the proper as