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Professional Responsibility Keyed to Martyn
United States v. Chen
Citation:99 F.3d 1495 (9th Cir. 1996)
Chen (Appellant) was the owner of Sunrider Corporation. Sunrider imported goods from Asia and paid tariffs on the actual cost of the goods. Sunrider’s comptroller prepared false invoices on a Hong Kong affiliate’s letterhead showing the goods costing considerably more than they actually did; Sunrider then paid income tax on the profit, which was the difference between the sale price of the goods and the fake costs. Chen and his wife were indicted for conspiracy, tax evasion, and other crimes. During discovery, the United States (Appellee) sought the testimony of Chen’s attorneys based on the crime-fraud exception to the attorney-client privilege. Chen filed a motion to quash the subpoenas.
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