- 194 -
1992. Ms. Rinaldi did not consult with a certified public
accountant regarding her tax liability until after the Court
released its opinion in Dixon II.
C. Denial of Mr. Izen's Motion To Compel Production of
Documents
On August 29, 1997, Mr. Izen submitted to the Court a
document that the Court filed as a supplement to Mr. Izen's
motion to compel filed April 26, 1996. Relying on a recent case,
In re Grand Jury Subpoena Duces Tecum, 112 F.3d 910 (8th Cir.
1997), Mr. Izen argued that respondent could not rely upon the
attorney-client privilege, executive privilege, or the attorney
work product doctrine in these cases as bases for refusing to
disclose documents.
By order dated September 4, 1997, the Court denied
Mr. Izen's motion to compel. The Court denied Mr. Izen's motion
as moot insofar as Mr. Izen sought to compel the testimony of
Messrs. Thompson, DeCastro, Sims, and McWade, and to compel
Messrs. Thompson and DeCastro to produce documents. In so
ruling, the Court noted that Mr. Thompson had waived the
attorney-client privilege, produced the documents requested in
discovery, and testified at the evidentiary hearing. In
addition, the Court had heard testimony from Messrs. DeCastro,
Sims, McWade, and additional Government witnesses. Further, the
Court denied Mr. Izen's motion insofar as Mr. Izen moved to
compel respondent to produce documents. Specifically, although
the Court declined to decide whether the admitted Government
Page: Previous 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 NextLast modified: May 25, 2011