- 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 thatPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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