- 18 -
materials. Indeed, the only evidence showing that exhibit 3 has
any relation to a grand jury is the memorandum of District
Counsel explaining that, unlike other documents involving
petitioner, exhibit 3 may be used in a civil proceeding because
it is not grand jury material. This narration scarcely
constitutes evidence that exhibit 3 was grand jury material.
Additionally, even if exhibit 3 constituted grand jury
material, its contents were publicly revealed in 1992 during the
Fatico proceeding. We have set forth supra p. 6 the entire
contents of exhibit 3. It is a handwritten listing of a few
columns of numbers. Arguably, it would be possible to deduce
from exhibit 3 that seven named corporate brokerage accounts had
several million dollars in gains resulting from trading in Tillex
Enterprises, BVD (an abbreviation for Beverly Development), and
"other". All of that information, however, was brought out in
open court during the 9 days of petitioner's Fatico hearing. In
that hearing, Corporal Pattison testified that petitioner had
traded shares in both International Tillex and Beverly
Development through the seven corporate brokerage accounts. He
identified those accounts, and they are the same as those
accounts named on exhibit 3. Corporal Pattison further testified
that petitioner's trading in International Tillex alone produced
gains in excess of Can$8 million. Agent Leicht subsequently
corroborated Corporal Pattison's testimony, indicating that
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: May 25, 2011