Kott

ORDER ON MOTION TO UNSEAL DOCUMENTS

The matter came on for hearing on October 12, 2004, on the Motion of Dow Jones & Company, publisher of the Wall Street Journal, unseal the FBI Affidavit in support of an application for search warrant and to unseal the Indictment filed in the instant case, both of which were sealed by Court Order. The parties were in possession of the Court’s Tentative Decision to Grant the Motion. Following oral argument on behalf of the Intervenor, Defendant, and the Government, the matter was taken under submission. The Court now grants the Motion.

Background

Between 1993 and 1997, the SEC and other federal law-enforcement agencies conducted an investigation of many persons and entities who were suspected of committing federal securities fraud. On August 18, 1997, search warrants were executed at the home of defendant, Irving Kott, and at the offices of J.B. Oxford Holdings, Inc. Almost six years later, in July 2003, the Government filed an indictment under seal, naming defendant Kott and one other defendant. The indictment was apparently never served on anyone, and in June 2004, defendant Kott entered a plea of guilty to a two-count superseding…