In re Grand Jury Investigations 69 GJ 2969 & 71 GJ 983
In re Grand Jury Investigations 69 GJ 2969 & 71 GJ 983
Opinion of the Court
MEMORANDUM AND ORDER ON PETITION OF BARBERS’ PENSION FUND FOR EXAMINATION OF GRAND JURY EVIDENCE AND TESTIMONY
Homer E. Capehart, the Receiver of the Journeymen Barbers, Hairdressers, Cosmetologists and Proprietors’ International Union of American Pension Fund (hereinafter referred to as “Pension Fund”) has petitioned this court for an order granting him the right to examine certain grand jury testimony and evidence. Notice of this petition was given to all interested parties. The government has stated on the record that it has no objection to the petition. However, two witnesses, David Weissman and Edgar A. Blumenfeld, before the grand juries involved have interposed objections. For the reasons stated herein, the Receiver’s Petition shall be granted.
Weissman and Blumenfeld object to the disclosure of their grand jury testimony on the ground that it would be violative of Rule 6(e), Fed.R.Crim.P., which provides for secrecy of grand jury proceedings. They assert that the Receiver has not shown with particularity a compelling need for the testimony as required by United States v. Proctor & Gamble Co., 356 U.S. 677, 78 S.Ct. 983, 2 L.Ed.2d 1077 (1958) and In re Holovachka, 317 F.2d 834 (7th Cir. 1963).
From earliest times grand jury proceedings have been traditionally secret. However, the secrecy of grand jury proceedings is not absolute. Rule 6(é), Fed.R.Crim.P., provides for three exceptions to the secrecy requirement. Under the third exception, disclosure of grand jury evidence may be made upon
This court finds that the purposes for which disclosure of grand jury materials and other evidence in the possession of the United States Attorney is sought is within the third exception to Rule 6(e). The Receiver has shown with particularity a compelling need for the grand juries materials. The objections of Weissman and Blumenfeld are hereby found to be without merit.
It is therefore ordered that the Receiver’s Petition for examination of grand jury evidence and testimony shall be and the same is hereby granted. The Receiver is directed to submit a draft order.
. In Homer E. Capehart, Receiver v. Transamerica Insurance Co., et al., 72 C 326 in the U.S. District Court in the Southern District of Indiana, the Receiver is seeking to recover a substantial sum on certain fidelity bonds of Mr. E. M. Sanders and Mr. Joseph N. DePaola. In Homer E. Capehart, Receiver v. Lafayette Milling, Inc. et al., Case No. 46,472 in the Fifth Judicial District, Lafayette Parish, State of Louisiana, the Receiver is suing to collect a loan in the amount of $385,000 plus interest. In that same suit, the Receiver is defending, against a substantial counterclaim.
Reference
- Full Case Name
- In the Matter of GRAND JURY INVESTIGATIONS 69 GJ 2969 AND 71 GJ 983
- Status
- Published