In Re Grand Jury Proceedings. Appeal of Fmc Corporation, Douglas E. Kliever and Cleary, Gottlieb, Steen & Hamilton

OPINION OF THE COURT

WEIS, Circuit Judge.

The crime-fraud exception to the attorney-client privilege permits the disclosure of otherwise protected material. In this case, the district court applied the same rule of disclosure to documents covered by the work product privilege. Finding that the government had presented a prima facie case to support the allegation of the commission of a crime, the district court ordered counsel for the corporate client to produce the documents for a grand jury’s inspection. We agree with the court’s reasoning but remand for a more specific factual determination…