United States v. John Doe 1

JOSÉ A. CABRANES, Circuit Judge,

dissenting:

It has been settled for more than a decade that a custodian of corporate records may not “resist a subpoena for such records on the ground that the act of production would incriminate him in violation of the Fifth Amendment.” Braswell v. United States, 487 U.S. 99, 100, 108 S.Ct. 2284, 101 L.Ed.2d 98 (1988). Relying on our pre-Braswell decision in In re Grand Jury Subpoenas Duces Tecum Dated June 13, 1983 and June 22, 1983, 722 F.2d 981 (2d Cir.1983) (“Saxon Industries ”), the majority today excepts from Braswell’s reach any former corporate agent…