United States v. Olson
2:12-cr-00327
D. Nev.Jul 24, 2015Background
- In 2002 Gregory J. Olson pleaded guilty in Nevada state court to securities fraud; a 2002 Nevada Attorney General press release announced the plea and restitution.
- In 2008 a Nevada state court entered an order sealing Olson’s records; under Nev. Rev. Stat. § 179.285 sealed proceedings are "deemed never to have occurred."
- In 2012 Olson was federally indicted for wire fraud and false tax returns based on an alleged 2006–2008 scheme involving Amazing Grace Lutheran Church.
- The FBI subpoenaed the Nevada Attorney General’s Office for its files relating to the 2002 press release; the AG’s Office discovered the state sealing order and declined production without a court order.
- The government moved to compel production; Magistrate Judge Ferenbach denied the motion on federalism/comity/abstention grounds. The government sought reconsideration arguing the Supremacy Clause permits production; the district court denied reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a federal court may compel a state court–sealed record be produced in a federal criminal case | Supremacy Clause and federal duty to prosecute permit ordering production or in camera review because records are material to a fair trial | Comity, federalism, and Nevada sealing statute require litigant first seek relief from the state court; no Supremacy Clause conflict exists | Magistrate judge's order denying compel was not clearly erroneous or contrary to law; abstention/comity principles control and government should seek unsealing in state court |
Key Cases Cited
- United States v. Henson, 123 F.3d 1226 (9th Cir.) (federal court may require party to seek state-court unsealing before ordering disclosure)
- United States v. Thorne, 467 F. Supp. 938 (D. Conn.) (district court ordered production of state-sealed records; discussed by government as contrary authority)
- Camiolo v. State Farm Fire & Cas. Co., 334 F.3d 345 (3d Cir.) (courts generally require party to seek state-court relief before federal court orders disclosure)