- 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.
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