In re Grand Jury Proceedings

*1034 ORDER

This case presents the question of whether Federal Rule of Criminal Procedure 6(e)(2)(A) precludes an order prohibiting disclosure by subpoenaed parties of their grand jury testimony or the fact of the. subpoena.

I. BACKGROUND

Corporation B is a customer of Corporation A. The two parties entered a contract that required Corporation A to notify Corporation B if Corporation A was subpoenaed for any documents or information concerning Corporation B.

In the course of a grand jury investigation, the Government subpoenaed documents from Corporation A regarding Corporation B. The Government then filed an ex parte application requesting that the Court issue an order prohibiting Corporation A from disclosing the subpoena. The Government contends that because many of Corporation B’s employees are illegal aliens, any disclosure of the subpoena or investigation would likely cause the employees to hide, flee, or self-deport. The Government would therefore be unable to obtain assistance from the employees as witnesses, which would significantly impede and potentially jeopardize its investigation. Thus, the Government argues for an order prohibiting Corporation A from…