In Re William H. Oswalt, D/B/A William Maxwell Construction Company

This matter is before the Court on a petition for writ of mandamus, or in the alternative for a writ of prohibition, to preclude the district court from enforcing a subpoena requiring petitioner to turn over certain documents to the Government for presentation to the grand jury. Petitioner claims he is sole proprietor of the business whose records are sought, and asserts a Fifth Amendment privilege in connection with the business records. The district court held the records belong to the corporation, which has no Fifth Amendment privilege.

Since factual findings reached by the district court…