- 22 - him to provide Resyn's records. He explained that Resyn's receiver in bankruptcy had been unable to get Resyn's records. Fried sent the memorandum because he wanted to review Resyn's books and records and because the cooperating revenue agent needed those records to prepare a proof of claim. Fried's request was approved. Fried served grand jury subpoenas on petitioner and Goldstein on June 17, 1971, and Philbin on June 28, 1971. Philbin, Resyn's bookkeeper, gave Resyn's business records to the grand jury. Respondent obtained those records from the grand jury. In July 1971, Special Agent Frank O'Byrne (O'Byrne) replaced Fried in the investigation of petitioner and Resyn. O'Byrne read the case file when he was assigned to the case. It contained certain of Resyn's ledgers, files, and canceled checks for 1967, 1968, and 1969. The file also contained transcripts of the grand jury testimony of Goldstein, Becker, and Philbin. The file did not include a copy of a rule 6(e) order. Revenue Agents Paul A. Dorgeval, Jr. (Dorgeval), and Cronin continued to investigate petitioner and Resyn for respondent. Dorgeval and Cronin did not read the grand jury transcripts. From July to October 1971, respondent's agents examined Resyn's canceled checks. They discovered a wide gap between the time that certain Resyn checks were written and the time they were deposited or negotiated by the payee.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011