- 21 - to appear before a grand jury. Respondent's reluctant witness procedure at that time required the agent to show that the investigation was stymied and to provide a summary of the witness' anticipated testimony. If the IRS and the Justice Department approved the request, Justice Department attorneys could use grand jury subpoenas to obtain evidence and could seek a rule 6(e)2 order from a Federal District Court permitting them to give that evidence to the IRS. Around March 1971, Fried asked his supervisors for grand jury assistance in this case. He sent (via his supervisor) a memorandum to the Chief, Intelligence Division, asking for permission to issue a grand jury subpoena to petitioner to compel 2 Rule 6(e) provides: (e) Secrecy of Proceedings and Disclosure. Disclosure of matters occurring before the grand jury other than its deliberations and the vote of any juror may be made to the attorneys for the government for use in the performance of their duties. Otherwise a juror, attorney, interpreter, stenographer, operator of a recording device, or any typist who transcribes recorded testimony may disclose matters occurring before the grand jury only when so directed by the court preliminarily to or in connection with a judicial proceeding or when permitted by the court at the request of the defendant upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury. No obligation of secrecy may be imposed upon any person except in accordance with this rule. The court may direct that an indictment shall be kept secret until the defendant is in custody or has given bail, and in that event the clerk shall seal the indictment and no person shall disclose the finding of the indictment except when necessary for the issuance and execution of a warrant or summons.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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