Grynberg v. DOJ, No. 18-370, 2019 WL 138426 (2nd Cir. Jan. 9, 2019) (per curiam)

Grynberg v. DOJ, No. 18-370, 2019 WL 138426 (2nd Cir. Jan. 9, 2019) (per curiam)

Re:  Request for bank records, court transcripts, and corporate records involved in certain prosecution

Disposition:  Affirming district court's grant of government's motion for summary judgment

• Exemption 3:  The Court of Appeals for the Second Circuit "agree[s] with the district court that the documents at issue were properly withheld pursuant to FOIA Exemption 3."  The court notes that "[t]he district court determined, and [plaintiff] does not dispute, that Fed. R. Crim. P. 6(e) and the Mutual Legal Assistance Treaty ('MLAT') between the United States and Switzerland constitute withholding statutes within the meaning of Exemption 3."  The court then finds that "[the government's] Declaration thus establishes an ample 'nexus between disclosure and revelation of a protected aspect of the grand jury's investigation.'"  The court also credits defendant's statement that "'[d]uring the review of the documents in the . . . case, cover letters for MLAT materials were located that include the standard language used when the Swiss Federal Office of Justice transmits evidence to the United States pursuant to the US-Swiss MLAT.'"