No takebacks on accidental discovery disclosures

BROOKLYN — A federal judge in New York gave no recourse to a self-represented litigant sued by the IRS for tax fraud; he accidentally sent five emails to opposing counsel during discovery before requesting their return four months later. This waived his attorney-client privilege to the documents, which are also subject to the crime-fraud exception because they include emails seeking guidance on how to shield his company’s assets from the IRS.