Aldrich H. Ames - Page 10




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          Grand Jury Proceedings, 604 F.2d 798, 803 (3d Cir. 1979); Puerto            
          Rico v. SS Zoe Colocotroni, 61 F.R.D. 653, 658 (D.P.R. 1974).               
               The work product doctrine is intended to enable a lawyer to            
          “work with a certain degree of privacy, free from unnecessary               
          intrusion by opposing parties and their counsel.”  Hickman v.               
          Taylor, 329 U.S. 495, 510 (1947).  A civil tax case could be                
          anticipated to follow a criminal tax case.  The rationale behind            
          the work product doctrine would be frustrated if documents                  
          prepared for the first action were open to an opposing party in             
          the second action that was anticipated and concerned a related              
          matter.  Documents prepared for a civil proceeding before the               
          Environmental Protection Agency qualified for the work product              
          privilege in a subsequent criminal matter.  See In re Grand Jury            
          Proceedings, supra.                                                         
               Respondent’s CRL was prepared in connection with                       
          petitioner’s criminal tax investigation.  There is subject matter           
          identity between petitioner’s criminal tax violations and                   
          petitioner’s civil tax liability and the present civil tax                  
          action.  There is a foreseeable and reasonable expectation that             
          the Government will pursue a civil tax liability that may be                
          derivative of criminal tax violations.  We do not hesitate in               
          finding a nexus between respondent’s CRL and this civil                     
          proceeding.  Accordingly, the work product privilege should                 
          extend to this civil proceeding even though the letter was                  





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