In Re Grand Jury Subpoena, Dated April 18, 2003, John Doe v. United States

Appellant John Doe was held in contempt by the district court and he appeals, challenging the district court’s denial of his motion to quash a subpoena duces tecum. The government served Doe with the subpoena in conjunction with an antitrust investigation into price fixing in the Dynamic Random Access Memory chip market. We conclude that, because of the breadth of the subpoena and the government’s limited knowledge of the documents sought, Doe’s production of the documents would have a testimonial aspect protected by the Fifth Amendment right against self-incrimination. We therefore reverse and remand.

Factual Background

This appeal presents a challenge to one of several subpoenas issued in connection with the government’s investigation into antitrust violations in the Dynamic Random Access Memory (DRAM) semiconductor memory chip industry. On June 17, 2002, a grand jury sitting in the Northern District of California issued subpoenas duces tecum to all the major worldwide DRAM manufacturers, including Doe’s former employer (the “Corporation”). The subpoena served on the Corporation covered the period from January 1, 1998, through the date of the subpoena and requested, among…