United States v. Burzynski Cancer Research Institute

ALVIN B. RUBIN, Circuit Judge:

Armed with a search warrant, the government seized a doctor’s patient-treatment records during an investigation to determine whether the doctor had violated criminal fraud statutes and a criminal statute forbidding the interstate shipment of drugs that had not been approved by the Food and Drug Administration. The doctor and some of the patients, as inter-venors, sought to have the records returned and to obtain damages and other relief by filing a counterclaim in a previously pending civil action filed by the government to enjoin interstate distribution of the…