Aetna assigned investigator Donald Pisculli to the claim. By
letter dated November 7, 1989, Aetna disclaimed all coverage
under plaintiff's policy for loss of the Jaguar, stating, "Our
investigation has determined discrepancies in the reported
disappearance of your vehicle." Grosz Aff., Exh. D. At his
deposition on May 10, 1990, Pisculli revealed that the basis for
denying the claim was information provided to him by FBI Special
Agent Mary Ellen Beekman. Pisculli Dep., Tr. at 58.
Beekman essentially informed Aetna that she had observed the
Jaguar on September 1, 1989, at a garage located in the vicinity
of 102nd Street and Tenth Avenue in Manhattan and that the
vehicle was driven to Florida the following day, September 2,
1989, in connection with a "Dominican car theft ring." Grosz Aff.
¶ 7. Beekman had also learned from an informant facts suggesting
that the vehicle may have been present at the garage for eight
days prior to September 2, 1989, and that the car had been
delivered as an "insurance give-up." Id. at ¶ 7.
Plaintiff Alan Raphael was subsequently indicted under seal by
a federal grand jury on July 13, 1990, "for conduct that was the
subject of the [FBI] investigation. . . ." Maloney Supp.Decl. ¶
The parties agreed to waive oral argument on the Government's
motion to quash the subpoenas.
MOTION TO QUASH
Plaintiff has served subpoenas on the Federal Bureau of
Investigation and Special Agent Beekman seeking production of:
1. Each document relating or referring to the Jaguar,
including: (a) all notes and memoranda relating or
referring to the observation of the Jaguar by
Beekman, the F.B.I., or any informant, on or about
September 1, 1989 or at any time prior thereto; and
(b) all notes and memoranda comprising, relating or
referring to each communication with any person, or
to any investigation, concerning the whereabouts of
the Jaguar at any time after August 15, 1989.
2. Each document relating or referring to any
investigation by Beekman or the F.B.I. concerning the
Jaguar and/or Raphael.
3. Each document relating or referring to each
communication between or among Beekman, the F.B.I.,
any informant and Aetna concerning the Jaguar and/or
Beekman Decl., Exh. 1. The Government argues that enforcement of
the subpoenas would compromise an ongoing criminal investigation
of a major interstate automobile theft ring operating out of New
York. The investigation is being conducted by FBI Agent Beekman
in conjunction with the United States Attorney's Office for the
Southern District of New York. A federal grand jury has indicted
several persons including plaintiff in connection with the
activities being investigated.