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petitioner or Resyn for bankruptcy fraud, and respondent took no
further action.
Rubenstein arranged a meeting with representatives of the
Justice Department to decide whether to grant immunity to
Goldstein. Herbert Posner (Posner), a strike force attorney from
the Justice Department, attended the meeting. Goldstein did not
receive immunity. O'Byrne discussed this case with Posner
several other times and had several other incidental contacts
with Posner.
I. Referral of Case to the Justice Department
O'Byrne completed his investigation in December 1972. In
his special agent's report, filed December 29, 1972, he discussed
Fried's participation in the case. He stated that grand jury
subpoenas had been served. O'Byrne attached copies of the grand
jury transcripts to his report. O'Byrne never saw a copy of a
rule 6(e) order in this case and did not include one in his
report. Dubow's group told the strike force attorney the results
of the investigation after it was completed.
W.J. McElroy, a member of the Intelligence Division, Newark
District, signed the following cover letter sending O'Byrne's
report to the Regional Counsel's office in Philadelphia around
December 29, 1972: "The Strike Force Attorney Newark, New Jersey
was advised of this investigation, the evidence obtained, and the
method of proving the unreported income, and has concurred in the
recommendation to prosecute".
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