- 44 - In petitioner’s memorandum, petitioner avers that, because of inactivity, “for all intent and purpose”, the grand jury investigation terminated on September 1, 1991. Petitioner complains: Thus, by withholding the fact of the termination of the grand jury’s investigation, the government delayed the progress of these civil proceedings for over two years; AMCOR’s seized documents remained under lock and key; and TMP was denied access to information possessed by AMCOR’s principals who, unwittingly, believed they were still under criminal investigation and feared, appropriately, waiving their rights against self- incrimination. * * * * * * * Most importantly, but for the delay, two central witnesses for TMP who are now dead would have been available. George Schreiber, the general partners [sic] who had overall responsibility for the partnerships’ farming operations, and who was a target of the grand jury investigation, died in August, 1991. * * * Carl Hansen, an employee of AMCOR who was directly and significantly involved in the farming operations, died in February, 1993. * * * As a remedy, petitioner asks that the case be dismissed. Petitioner bases his averment that the grand jury investigation terminated on September 1, 1991, on two proposed findings of fact:10 10 Those are petitioner’s proposed findings 85 and 86. Petitioner refers to proposed findings 86 and 87; 87 is as follows: “By June 1, 1991, Exam’s administrative files were transferred to the Office of District Counsel, Laguna Niguel, and the AMCOR Civil Tax Force headed by Group Manager Silverman was terminated." (Ref. to record omitted.) We assume that the reference to proposed finding 87 was supposed to be to proposed finding 85.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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