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Any physical keys, encryption devices, dongles and similar physical items that are necessary to gain access to the computer equipment, storage devices or data; and g. at 407 (“[T]he burden to establish, at least initially, the defects in the subpoena is on the moving party since grand jury proceedings have a presumption of regularity.”). Amato asks the court to set aside the Subpoenas on both Fifth and Fourth amendment grounds. For the reasons discussed below, I conclude that his Fifth Amendment argument is without merit and that his Fourth Amendment challenge fails except insofar as he contends that paragraph 10 of the “Records To Be Produced” section of the Subpoenas (describing computer- related items) is overbroad. Fifth Amendment Challenge The Fifth Amendment provides, in pertinent part, that no person “shall be compelled in any criminal case to be a witness against himself[.]” U. Amato makes one last bid for recognition of a Fifth Amendment privilege in his favor, at least as concerns the subpoena directed to Mainecures. As the government notes, see Opposition at 12-13, Three Subpoenas is materially distinguishable from the instant case. Amato resigned his corporate position, as had the employees in Three Subpoenas. Indeed, as the government points out, see Opposition at 12, Mainecures apparently still continued to do business as late as October 2004, see Exh.
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