In Re Grand Jury Proceedings

183 F.3d 71 (1st Cir. 1999)

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Nature of the Case

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Facts

Violette has been the target of a grand jury investigation for possible bank fraud and related crimes. The government claims that Violette made false statements to financial institutions for obtaining loans and credit disability insurance, then trumped up an array of disabilities fraudulently inducing payments on the insurance. The government subpoenaed two licensed psychiatrists to appear and provide evidence before the grand jury. They asserted the patient privilege. This lawsuit developed. The court found that the communications were made not in the course of treatment and that the crime-fraud exception applied. The court also found that the communications were made in furtherance of fraud and could not have served a bona fide therapeutic purpose. This review as granted.