Leo N. Levitt and Ruth G. Levitt - Page 24

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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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