§16. Short title — Inbound Citations

Citations to 18A U.S.C. § 16 as a whole

• Fed. R. Crim. P. 16(a)(1)(C)

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  (C) Organizational Defendant. Upon a defendant’s request, if the defendant is an organization, the government must disclose to the defendant any statement described in Rule 16(a)(1)(A) and (B) if the government contends that the person making the statement:

  (i) was legally able to bind the defendant regarding the subject of the statement because of that person’s position as the defendant’s director, officer, employee, or agent; or

  (ii) was personally involved in the alleged conduct constituting the offense and was legally able to bind the defendant regarding that conduct because of that person’s position as the defendant’s director, officer, employee, or agent.
• Fed. R. Crim. P. 16(a)(2)

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  (2) Information Not Subject to Disclosure. Except as permitted by Rule 16(a)(1)(A)–(D), (F), and (G), this rule does not authorize the discovery or inspection of reports, memoranda, or other internal government documents made by an attorney for the government or other government agent in connection with investigating or prosecuting the case. Nor does this rule authorize the discovery or inspection of statements made by prospective government witnesses except as provided in 18 U.S.C. § 3500.
• Fed. R. Crim. P. 16(a)(3)

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  (3) Grand Jury Transcripts. This rule does not apply to the discovery or inspection of a grand jury’s recorded proceedings, except as provided in Rules 6, 12(h), 16(a)(1), and 26.2.
• Fed. R. Crim. P. 16(b)(1)(A)

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  (A) Documents and Objects. If a defendant requests disclosure under Rule 16(a)(1)(E) and the government complies, then the defendant must permit the government, upon request, to inspect and to copy or photograph books, papers, documents, data, photographs, tangible objects, buildings or places, or copies or portions of any of these items if:

  (i) the item is within the defendant’s possession, custody, or control; and

  (ii) the defendant intends to use the item in the defendant’s case-in-chief at trial.
• Fed. R. Crim. P. 16(b)(1)(B)

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  (B) Reports of Examinations and Tests. If a defendant requests disclosure under Rule 16(a)(1)(F) and the government complies, the defendant must permit the government, upon request, to inspect and to copy or photograph the results or reports of any physical or mental examination and of any scientific test or experiment if:

  (i) the item is within the defendant’s possession, custody, or control; and

  (ii) the defendant intends to use the item in the defendant’s case-in-chief at trial, or intends to call the witness who prepared the report and the report relates to the witness’s testimony.
• Fed. R. Crim. P. 16(b)(2)

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  (2) Information Not Subject to Disclosure. Except for scientific or medical reports, Rule 16(b)(1) does not authorize discovery or inspection of:

  (A) reports, memoranda, or other documents made by the defendant, or the defendant’s attorney or agent, during the case’s investigation or defense; or

  (B) a statement made to the defendant, or the defendant’s attorney or agent, by:

  (i) the defendant;

  (ii) a government or defense witness; or

  (iii) a prospective government or defense witness.