UNITED STATES of America, Plaintiff-Appellee, v. Mark Roy ANDERSON, Defendant-Appellant

Mark Roy Anderson appeals the district court’s denial of his motion for a Kastigar hearing, in which he argued that his prior testimony and production of documents in a state proceeding could not be used against him in his subsequent federal prosecution. Anderson contends that the prior testimony and production were immunized pursuant to California Corporations Code § 25531(e) or absent immunity, compelled over his fifth amendment objections by a threat of contempt. Thus, he claims the district court erred in failing to hold a Kastigar evidentia-ry hearing, in which the government would have been required to show independent sources for the evidence used in the federal prosecution.

We have jurisdiction under 28 U.S.C. § 1291 , and we AFFIRM the district court’s denial of Anderson’s motion for a Kastigar hearing.

I.

In 1986 the California commissioner of corporations (“commissioner”) filed a civil action against several corporate entities and individuals, including Anderson, seeking to enjoin the defendants from violating California securities laws. On January 14,1987, the court issued a preliminary injunction, which confirmed the appointment of a receiver over the corporate…