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NCJRS Abstract

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NCJ Number: 114532 Find in a Library
Title: Handbook on Antitrust Grand Jury Investigations
Editor(s): R V Hartwell; C J Mugel
Date Published: 1988
Page Count: 102
Sponsoring Agency: American Bar Assoc Press
Chicago, IL 60637
Publication Number: ISBN 0-89707-389-4
Sale Source: American Bar Assoc Press
Publications Coordinator
1155 East 60th Street
Chicago, IL 60637
United States of America
Type: Policy/Procedure Handbook/Manual
Language: English
Country: United States of America
Annotation: This handbook provides a guide to the complexities of antitrust grand jury investigations.
Abstract: The genesis of investigation is traced from the filing of complaints through civil investigation, demands, and division monitoring to private litigation. The overall goals of the subpoena duces tecum are discussed. Also covered are client conferences, communications with the Government counsel, the document production process, final review and document categorization, the mechanics of return, and protection of documents. Fourth, fifth, and first amendment grounds for quashing the subpoena duces tecum are reviewed, together with technical defenses, evidentiary privileges, and tactical considerations. Other means of discovery are discussed, including electronic surveillance, search warrants, offers of leniency or immunity, and forthwith subpoenas. The purpose and scope of the secrecy rule covering grand jury investigations are delineated, exceptions to the rule are noted, and sanctions for violations are described. Privilege against self-incrimination is examined with respect to the production of documents in the respondent's possession and production of required and corporate records. Criminal and noncriminal uses of immunity also are noted. Guidelines are provided for advising witnesses and for debriefing. Also discussed are perjury and other obstruction offenses, conflicts of interest from multiple representation, cooperation among defense counsel, and preindictment, indictment, and pretrial events. Technical requirements of the grand jury process and abuses also are covered. Model forms are appended. Index, table of authorities, and footnotes.
Main Term(s): Grand juries
Index Term(s): Court procedures; Pretrial discovery; Rights of the accused
Note: Second Edition
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