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to the two items identified in petitioner’s proposed finding of
fact as Exhibit 17-P and the Department of Justice memorandum, we
were not convinced that any violations of Fed. R. Crim. P. 6(e)
had occurred and, even if they did, the petitioning partners had
failed to link such violations to the matters placed in issue in
these cases. We concluded: “On the facts before us, we do not
think that exclusion of evidence or dismissal of the cases would
serve the interests of justice.” Exhibit 17-P and the Department
of Justice memorandum (and certain other items) were the subject
of Ballas v. United States (In re Grand Jury Proceedings), 62
F.3d 1175 (9th Cir. 1995), described supra note 2. In Ballas,
the Court of Appeals for the Ninth Circuit did not disturb the
holding of the District Court “that only isolated and technical
instances of improper disclosure had occurred.”
We are unsure whether petitioner is bringing to our
attention any items that were not previously considered by us in
addressing the motion for sanctions or by the Court of Appeals
for the Ninth Circuit in Ballas. In any event, petitioner has
failed to show any link between any Fed. R. Crim. P. 6(e)
violations and the partnership items at issue in this case. In
particular, he has failed to show that any grand jury materials
were improperly relied on by respondent in preparation for the
trial in this case.
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