In In re 650 Fifth Ave., No. 08-10934 (S.D.N.Y. Apr. 24, 2013), the court held that the government failed to establish grounds for application of the crime-fraud exception where the government relied solely on the allegations in its complaint and failed to submit actual evidence for the court to consider. In this case, the government sought to enforce money judgments against the Islamic Republic of Iran by seeking the turnover of real property. The government’s complaint alleged that defendants had engaged in a fraudulent scheme to conceal the involvement of the Iranian government, through its agents, in the ownership of the real property. The government sought to compel disclosure of documents withheld as privileged by the defendants on the grounds that the crime-fraud exception applied. The court denied the motion to compel. The court noted that the party withholding documents bears the burden of supporting the privilege with sufficient information to indicate its applicability. To overcome the privilege, a party must show probable cause that a crime or fraud has been committed and that the communications were in furtherance of an ongoing or future crime or fraud. Here, the government relied solely on the allegations in its verified complaint, and assumed that the factual allegations should be taken as true without providing any supporting documentation to support its assertions. The court held that in the absence of supporting documents, the government failed to provide the factual basis upon which the court could make a factual determination as to probable cause.