United States v. Punn
737 F.3d 1
2d Cir.2013Background
- Punn, a licensed pediatrician, is indicted in the EDNY on multiple counts of sexual exploitation of children and health care fraud.
- Sippy and Jesse Punn, adult children, provided information to the Nassau District Attorney and testified before Nassau County grand juries.
- In May 2013, subpoenas to testify were issued to Sippy and Jesse before a federal grand jury investigating their father’s conduct.
- Punn moved to quash the subpoenas on the ground they were issued primarily to prepare for his trial on the pending indictment.
- The district court denied the motion, ruling Punn lacked standing to raise third-party privilege issues and that the subpoenas were issued for proper purposes.
- Punn appealed, but the district court orders were dismissed for lack of appellate jurisdiction under 28 U.S.C. § 1291.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the order denying quash of third-party subpoenas is immediately appealable | Punn: the denial is an appealable collateral-order under §1291 | Lynch: such orders are not immediately appealable | Not immediately appealable; appeal dismissed for lack of jurisdiction |
| Standing to challenge third-party subpoenas | Punn had standing to challenge subpoenas on behalf of his children | District court properly found lack of standing to raise their privilege claims | Court does not reach merits; jurisdictional dismissal precludes ruling on standing |
| Whether Simels conflicts with Lavender/Perjury Grand Jury regarding collateral review | Simels supports immediate appeal of third-party subpoenas for trial-prep abuse | Lavender/Perjury Grand Jury govern collateral-review limits; Simels does not overrule | Simels does not disturb Lavender or Perjury Grand Jury; case reconciled within collateral-order framework |
Key Cases Cited
- In re Grand Jury Subpoena for New York State Income Tax Records, 607 F.2d 566 (2d Cir. 1979) (denial of subpoena quash is generally not appealable under §1291)
- In re Air Crash at Belle Harbor, 490 F.3d 99 (2d Cir. 2007) (contested contempt and collateral review in discovery orders)
- Perjury Grand Jury, 318 F.2d 533 (2d Cir. 1963) (collateral review for third-party subpoenas; sole or dominant trial-prep purpose)
- Lavender, 583 F.2d 630 (2d Cir. 1978) (distinguishes Fifth Amendment self-incrimination from grand jury abuse; mootness concerns)
- Simels, 767 F.2d 26 (2d Cir. 1985) (jurisdiction over appeal of third-party subpoena directed at attorney; collateral considerations)
- Katz, 623 F.2d 122 (2d Cir. 1980) (standing/intervention and immediate appeal related to privilege challenges)