The following excerpt is from Daniel Carpenter & Grist Mill Capital, LLC v. Comm'r, 16-1036-cv (2nd Cir. 2017):
June 6, 2016. See United States v. Carpenter, 190 F. Supp. 3d 260 (D. Conn. 2016). He has not been sentenced. At oral argument, the parties' disagreement regarding return of the documents appeared to have narrowed. The Government noted that, subject to chain of custody concerns, it objects only to returning documents relevant to the criminal proceedings. Plaintiffs' counsel acknowledged that they do not object to the retention of these documents as long as the criminal proceedings are pending, and that plaintiffs currently seek only the return of documents not relevant to the criminal proceedings. As for chain of custody concerns, the parties suggested at oral argument that they may be able to reach an agreement to preserve the chain of custody.
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