- 45 - September 1, 1991, was the last time evidence was presented to the grand jury investigating the principals of AMCOR. [Ref. to record omitted.] Between September, 1991, and March 1, 1993, there was no communication between the respondent and the Department of Justice on the issue of whether the criminal cases would be prosecuted; this was an abnormally long passage of time. [Ref. to record omitted.] Petitioner offers the testimony of William Shipley, Regional Counsel, Western Region, in support of the two proposed findings. Mr. Shipley did not testify as to the date of the last meeting of the grand jury, and he simply said that he was unaware of any grand jury activity after September 1991. Petitioner has failed to show that Mr. Shipley would have been privy to the Department’s progress with the grand jury. Further, petitioner’s references in support of his second proposed finding do not support such a finding as to a lack of communication. Mr. Shipley did testify that more than 1 year passed from respondent’s submission of material to the Department and the Department’s response. He could not, however, explain the reasons for that delay. Petitioner has failed to prove that the grand jury investigation terminated on September 1, 1991. He has failed to prove that there was undue delay in terminating the grand jury. Moreover, petitioner has failed to prove that the grand jury investigation was unfounded. The testimony of respondent’s agents, in particular, George Martin, and Steve Sterquell, leads us to believe that respondent’s suspicions ofPage: 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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