Preventive Medicine Associates, Inc. v. Commonwealth
992 N.E.2d 257
Mass.2013Background
- Indictments against Preventive Medicine Associates and Kishore for Medicaid fraud and antikickback claims.
- Commonwealth sought and obtained warrants to search Kishore’s and PMA’s Google email accounts; Google stored emails on its servers.
- Affidavits did not establish probable cause for the kickback category; warrants sought three information categories, broad in scope.
- A taint-team review was ordered; defendants sought relief; a single justice reserved two questions for the full court.
- Massachusetts court answered both questions affirmatively: post-indictment ex parte email search permissible; taint-team procedure constitutional with safeguards, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Postindictment ex parte search of emails permissible | Commonwealth may seize emails post-indictment | Rule 17 precludes postindictment search | Yes; ex parte postindictment search allowed with supervision and privilege safeguards |
| Taint team procedure permissible under MA Constitution | Ta int team protects privilege and allows review | Risk to privilege and Sixth Amendment rights | Yes; four safeguards ensure constitutionality; remanded for future considerations; independent master preferred in future |
Key Cases Cited
- Commonwealth v. Odgren, 455 Mass. 171 (2009) (preindictment and postindictment records review under Rule 17 guidance)
- McDermott v. Commonwealth, 448 Mass. 750 (2007) (computer searches must be reasonable; particularity concerns)
- In re Grand Jury Subpoenas, 454 F.3d 511 (6th Cir. 2006) (taint teams raise privilege risks; need checks)
- United States v. Neill, 952 F. Supp. 834 (D.D.C. 1997) (taint-team approach respects privilege; Sixth Amendment protection)
- Weatherford v. Bursey, 429 U.S. 545 (1977) (Sixth Amendment counsel protections; privilege interplay)