In Re Grand Jury Subpeonas Served Upon Edward Kiefaber United States of America v. 94 Ltd. And Cash Flo Realty

The government appeals from the district court’s order quashing three grand jury subpoenas as a sanction for the government’s disclosure of grand jury materials to local law enforcement agencies. Appellees Kiefaber and Cash Flo Realty challenge the timeliness of the government’s appeal and argue that quashing the subpoenas was an appropriate remedy for the government’s illegal disclosures. We conclude that we have jurisdiction over the government’s appeal, and we affirm.

PROCEDURAL AND FACTUAL BACKGROUND

Appellees Kiefaber and Cash Flo Realty are targets of a federal grand jury investigation into alleged violations of the mail fraud statute, 18 U.S.C. § 1341 (1982). On October 18, 1983, the grand jury subpoenaed various business and financial records from appellees. Each subpoena stated that, in lieu of personal appearances before the grand jury, the appellees could turn over requested documents to Special Agent William Warren of the Federal Bureau of Investigation, or to Carl Fruge, an investigator for the Las Vegas Metropolitan Police Department.

On October 31, 1983, counsel for appel-lees informed the assistant United States Attorney that he planned to file a motion to quash…