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IN RE JOHN DOE CORP.

September 27, 1983

In re GRAND JURY SUBPOENA DUCES TECUM TO JOHN DOE CORP.


The opinion of the court was delivered by: KRAM

MEMORANDUM OPINION AND ORDER

SHIRLEY WOHL KRAM, U.S.D.J.

The above-captioned action came before this Court upon the motion of John Doe Corp. ("Doe Corp.") for an order quashing the grand jury subpoena duces tecum issued June 1983 to Doe Corp. This motion is a reargument of another motion seeking the identical relief which was denied by this Court, sitting in the emergency part, on August 16, 1983. For the reasons stated below, the motion is denied.

 BACKGROUND

 In June, 1983, a grand jury convened in this District issued a subpoena duces tecum to Doe Corp. in connection with its inquest into possible violations of, at the least, the mail fraud statute, 18 U.S.C. § 1341. That subpoena called for the production of several categories of documents maintained by Doe Corp. over a four year period. In particular the subpoena requested the following documents for the period between January 1, 1979, and December 31, 1982:

 1. All weekly payroll records and all cancelled payroll checks;

 2. Cash disbursement journals;

 3. General ledgers;

 4.Cancelled checks for all bank accounts and bank statements;

 5. All W-2 forms and/or W-4 forms prepared for federal tax returns and federal tax forms;

 6. The time cards for all employees, or any records which accurately reflect the number of hours each employee has worked including the time cards or records for employees no longer employed with the company;

 7. Documents reflecting the names, addresses and telephone numbers for all office employees current and prior, including the position(s) held for the period indicated;

 8.All monthly reports or documents forwarded to any union reflecting the pension and welfare contributions remitted to any ...


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