Editor's note: Last month, the authors noted that the only means by which a white-collar defendant can require the production of business records from a non-party is through a subpoena under Rule 17(c) of the Federal Rules of Criminal Procedure.
The Battle over the Scope of Rule 17(c) Subpoenas
Before considering the competing, less restrictive, interpretation of Rule 17(c), we briefly pause to explain how we got here. The restrictive interpretation of Rule 17(c) has its genesis in two Supreme Court decisions.
By
Jodi Misher Peikin and Curtis B. Leitner
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