grand jury unless subpoena overbroad or witness has privilege). As I have already noted, some courts have indicated a willingness to shift the cost to the government, but only in extreme cases. See In re Grand Jury No. 76-3 (MIA) Subpoena Duces Tecum, supra, 555 F.2d at 1308-09 (court may consider consequences of copying costs only after it has determined that production of original documents is practical impossibility); In re Grand Jury Subpoena Duces Tecum Issued to the First National Bank of Maryland Dated November 4, 1976, supra, 436 F. Supp. at 47, 51 (cost of retrieving and reproducing subpoenaed records insignificant when compared to petitioner's net worth); In re Grand Jury Subpoena Duces Tecum Issued to Southern Motor Carriers Rate Conference, Inc., Dated August 13, 1975, supra, 405 F. Supp. at 1198 (production of documents would not only totally disrupt petitioner's business but also cost petitioner, a nonprofit corporation, between $ 908,811 and $ 1,759,015 to assemble and reproduce subpoenaed records).
Petitioner's plight is far from extreme. The total cost of reproducing the documents here in issue was $ 2,199.80. Compared to the worth of the corporation, the cost of complying with this subpoena that is, the cost of copying the documents in order to forestall any disruption in its business routine while the records remain in the grand jury's possession is not significant. Compliance with a grand jury subpoena is a public duty, the performance of which is suspended only upon a clear showing of oppression or unreasonableness. Petitioner has not sustained its burden and must bear the cost of reproducing the documents that it has requested the government to return.
II. The Motion to Quash
Adverting to the numbers of documents requested by the successive subpoenas and to the time spent by company personnel in gathering the subpoenaed material, petitioner moves to quash the August subpoena. In its motion, petitioner recatalogues its efforts to cooperate with the grand jury but asserts that the cumulative impact of the subpoenas "constitutes harrassment (Sic )." The petitioner complains that it has been under investigation for three years, which has caused the corporation and its officers to suffer "undue inconvenience, expense, and humiliation." Asserting that the comptroller is the only individual capable of testifying knowledgeably with respect to the subpoenaed records, the petitioner also argues that the comptroller's absence from the home office substantially disrupts the internal workings of the company. Finally, petitioner contends that the sheer bulk of the documents demanded and the "inordinate period of time" covered render the subpoena oppressive, overbroad, and unreasonable.
I have previously alluded to the necessity for a clear showing of unreasonableness or oppressiveness before a court will act to quash a grand jury subpoena. In ascertaining whether the prerequisites of Criminal Rule 17(c) have been satisfied, the court's inquiry focuses upon three factors: (1) whether the subpoena commands the production of documents relevant to the grand jury investigation; (2) whether the demand for the documents is made with reasonable particularity; and (3) whether the request spans a reasonable period of time. United States v. Gurule, 437 F.2d 239, 241 (10th Cir. 1970), Cert. denied, 403 U.S. 904, 91 S. Ct. 2022, 29 L. Ed. 2d 679 (1971), Quoted in In re Grand Jury Investigation, (Local 542 International Union of Operating Engineers), 381 F. Supp. 1295, 1298 (E.D.Pa.1974), And In re Corrado Brothers, supra, 367 F. Supp. at 1129.
Inasmuch as the party resisting the grand jury's process bears the burden of showing that the subpoena is oppressive or abusive, See In re Grand Jury Proceedings (Schofield II), 507 F.2d 963, 965 (3d Cir.), Cert. denied, 421 U.S. 1015, 94 S. Ct. 2424, 44 L. Ed. 2d 685 (1975), the secrecy of the grand jury's proceedings substantially impedes a witness' attempt to show that the documents demanded are not relevant to the investigation. Cognizant of this obstacle, the Third Circuit Court of Appeals requires the government to make a minimal showing by affidavit of the existence of a proper purpose before the court may order that the subpoena be enforced. In re Grand Jury Proceedings, 579 F.2d 836, at 838 (3d Cir. 1978). The affidavit must show "(1) the grand jury's jurisdiction, (2) relevancy of the subpoenaed materials to an investigation within that jurisdiction, and (3) the absence of an unrelated purpose." In re Grand Jury Impaneled January 21, 1975 (Freedman), 529 F.2d 543, 548 (3d Cir.) (citing In re Grand Jury Proceedings (Schofield I), 486 F.2d 85, 93 (3d Cir. 1973)), Cert. denied, 425 U.S. 992, 96 S. Ct. 2203, 48 L. Ed. 2d 816 (1976).
The government's affidavit, accompanying its opposition to the motion to quash, contains the attestation that "(t)he materials, documents and related information described in the subpoena duces tecum are sought for no purpose unrelated to the scope of the pending grand jury investigation." The affiant also states that the grand jury is investigating allegations that the petitioner, its affiliated companies, officers, and employees have bribed employees of the federal government, have made illegal payments or concessions to employees of companies with which it does business, have misapplied, diverted, and embezzled corporate funds, and have employed the instrumentalities of interstate commerce to accomplish these illegal ends. To aid this investigation, the subpoena commands the production of documents and records that evidence or explain payments made to particular individuals and companies. The grand jury also demands records of travel and entertainment expenses, documents relating to the purchase or lease of vehicles, records of transactions through certain bank accounts, and addresses of individuals listed in a specific payroll register.
As the courts have repeatedly emphasized, relevancy in the context of a grand jury investigation is not a probative relevancy but rather is measured by a less exacting standard. Schwimmer v. United States, 232 F.2d 855, 862-63 (8th Cir.), Cert. denied, 352 U.S. 833, 77 S. Ct. 48, 1 L. Ed. 2d 52 (1956); See, e.g., In re September 1975 Grand Jury Term, 532 F.2d 734, 738 (10th Cir. 1976); Bursey v. United States, 466 F.2d 1059, 1076 (9th Cir. 1972); In re Grand Jury Subpoenas Duces Tecum Addressed to Certain Executive Officers of M. G. Allen & Associates, Inc., 391 F. Supp. 991, 997-98 (D.R.I.1975); In re Grand Jury Investigation (Local 542), supra, 381 F. Supp. at 1299; In re Morgan, supra, 377 F. Supp. at 285; In re Grand Jury Subpoena Duces Tecum, 342 F. Supp. 709, 712-13 (D.Md.1972). The relevancy requirement is satisfied as long as there is a logical connection between the subpoenaed documents and the charges that constitute the focus of the grand jury's probe. E. g., In re Faltico, 561 F.2d 109, 111 (8th Cir. 1977); In re September 1975 Grand Jury Term, supra, 532 F.2d at 738; United States v. Reno, 522 F.2d 572, 576 (10th Cir. 1975); In re Special November 1975 Grand Jury (Subpoena Duces Tecum Issued to Peat, Marwick, Mitchell and Co.), 433 F. Supp. 1094, 1097-98 (N.D.Ill.1977); Cf. In re Grand Jury Impaneled January 21, 1975 (Freedman), supra, 529 F.2d at 548-49.
Viewed in light of the subject of this investigation, the documents outlined in the subpoena here challenged are clearly relevant to the grand jury's inquiry. As the Third Circuit Court of Appeals so aptly stated:
"(T)here is an obvious likelihood that any "bribe taking or embezzlement' will have been disguised as a legitimate transaction, perhaps "laundered' through an entity which on the surface may appear (innocent) . . . ."