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Originally Posted by 2257-Ben
The Special Master, who will have custody of the membership list from the FSC is bound by an oath of secrecy, as an officer of the court, to NOT reveal the list to anyone. The DOJ has to submit the name(s) of the people they want to investigate to the Special Master, who will then tell the DOJ whether or not they can proceed against the 'intended victim'. If the Special Master were to reveal the contents of the list they would face severe penalties, perhaps even disbarrment and quite possibly prison time. So just as you are motivated to not go to jail by becoming compliant with the 2257 regulations, the Special Master has the same motivation to keep his end of the bargain.
While there is nothing to stop the DOJ from creating their own list of 'ineligible defendants' based upon the results from the Special Master, this does not mean that the FSC has relinquished their membership list to the DOJ.

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And if the DOJ files an ex parte motion to gain access to that list, and is granted?
Correct me if I'm wrong, the Special Master is a court appointed 3rd party, so if the DOJ files a successful motion requesting access to the list, wouldn't the Special Master need to comply with the Court?