In Re Grand Jury Proceedings (Clinton Manges). Clinton Manges, Intervenor-Appellant v. United States

This case presents an issue of first impression in this circuit. Appellant Clinton Manges contends that his fifth amendment privilege against self-incrimination requires the district court to quash a documentary subpoena directed not to Manges, but to the bookkeeper of his sole proprietorship. The district court disagreed. On the facts presented, we affirm.

BACKGROUND

In its investigation of possible criminal conduct by certain bank loan officers and loan recipients, a federal grand jury directed a subpoena duces tecum to Nada Lee Robertson, a bookkeeper with the Duval County Ranch Company, a Texas corporation wholly owned by appellant Clinton Manges. In addition to her duties for the corporation, Robertson also maintained books and records for Manges’ sole proprietorship.

The subpoena directed Robertson to produce all the records in her custody relating to the sole proprietorship. Manges filed a motion to intervene and motion to quash the subpoena. The district court granted Manges’ motion to intervene.

In arguing the motion to quash before the district court,, the government “limited the scope of the subpoena to documents retained in Ms. Robertson’s office and in which she…