United States v. Zolin

842 F.2d 1135 25 Fed. R. Evid. Serv. 1114 UNITED STATES of America, Petitioner/Appellee/Cross-Appellant, v. Frank S. ZOLIN, Respondent/Appellee, and Church of Scientology of California and Mary Sue Hubbard, Intervenors/Appellants/Cross-Appellees. Nos. 85-6065, 85-6105. United States Court of Appeals, Ninth Circuit. March 28, 1988. Before BROWNING, Chief Judge, ANDERSON, TANG, PREGERSON, ALARCON, NORRIS, REINHARDT, BEEZER, BRUNETTI, THOMPSON and LEAVY, Circuit Judges. ORDER 1 En banc review was ordered in this matter under the mistaken assumption that United States v. Shewfelt, 455 F.2d 836 (9th Cir.1972) and United States v. Friedman, 445 F.2d 1076 (9th Cir.1971) were in conflict on the question whether "the government must first establish a prima facie case of fraud independently of the said [attorney-client] communications," Shewfelt, 455 F.2d at 840 , before "the privileged status of these communications can be lifted." Id. There is no conflict. In United States v. Friedman, we did not discuss the showing that the government must make before the trial court can examine attorney-client communications to determine whether "the thrust of these ... conversations was to effectuate a…