S.D.N.Y.: Judge Rakoff rules that a fraud defendant's written exchanges with Claude about his defence, seized by the FBI, are protected by neither attorney-client privilege nor work product
Bradley Heppner, a corporate executive charged in the Southern District of New York with securities fraud, wire fraud and related offences, used Anthropic's Claude in 2025, after receiving a grand jury subpoena, to prepare reports outlining his defence strategy. His counsel had not directed him to do so. FBI agents seized about thirty-one documents memorialising those exchanges when they searched his home in connection with his arrest in November 2025. Heppner claimed privilege over them. On 10 February 2026 Judge Jed S. Rakoff granted from the bench the Government's motion for a ruling that the documents were not protected from Government inspection by either the attorney-client privilege or the work product doctrine, and a memorandum filed 17 February 2026 gave the reasons: Claude is not an attorney, and the communications were not confidential under Anthropic's privacy policy. The court described the question as one of first impression nationwide. Heppner was convicted in May 2026 of securities fraud, wire fraud and other charges; no inspected source says whether the Claude documents were used at trial.
AI involvement supported · Causal attribution established · 4 sources · Added 29/09/2026