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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 of
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