I am the special prosecutor in a multi-defendant insurance fraud case. The case was investigated by the State Insurance Board, and one of their investigators testified before the Grand Jury.

Not all of the suspects were indcited, but we did find out the identity of the CPA of the defendants, and their intertwined businesses. I sent a grand jury subpoena to thet CPA for the records of all of the suspects (indicted and otherwise), and their businesses.

The defense attorney for two of them has filed a motion quash, claiming that the subpoena violates their privacy, as they have turned over personal documents to the CPA.

I know that the defendants may have a right to to quash a subpoena for their "personal writings." It seems to me however that business records (including at least one Texas Corporation),or personal financial records, maintained to comply with Federal income tax laws, are not protected by privacy when the State can show that they are relevant to an ongoing felony case.

Any thoughts? This sort of thing doesn't come up much in my regular job of County Attorney.

Take a look a Mullican v. State, 157 S.W.3d 870 (2005, pet. ref'd); Reeves v. State, 969 S.W.2d 471 (1998, pet. ref'd & cert. denied); and Porath v. State, 148 S.W.3d 402. All three courts of appeal (Fort Worth, Hosuton First, and Dallas) found that "personal writings" within the meaning of Section 18.01, CCP, do not include business or financial records. The Porath court stated that "personal writings" are those which the writer does not intend to publish to third parties.

Hope that helps.

Janette Ansolabehere

Be careful about using a grand jury subpoena after the case has been indicted, unless it relates to another ongoing investigation.