In Re Subpoena to Testify Before the Grand Jury, Thomas J. Alexiou, Witness-Appellant v. United States

An attorney was subpoenaed to produce material before a grand jury which he obtained from a client. The district court ruled that the attorney-client privilege would not be violated, and denied a motion to quash. We affirm.

I. FACTS

Mr. Alexiou, an attorney, deposited money in his law firm bank account. The deposit included a $100 bill which turned out to be counterfeit. The Secret Service eventually contacted him, asking for the identity of the person who passed the bill. Mr. Alexiou consulted the Washington Rules of Professional Conduct for attorneys and decided that he could not ethically respond to the inquiry. His concern, based on his own examination and consultation with staff counsel for the Washington State Bar Association, was that the identity of a client was secret and could not be disclosed without a court order. In a letter to the Assistant United States Attorney on the case, Mr. Alexiou explained that:

Despite Mr. Alexiou’s independent research suggesting that the information requested would be confidential, the Assistant United States Attorney obtained a subpoena duces tecum, commanding Mr. Alexiou to appear before the grand jury to testify, and to bring with…