Sam F. and Ingrid D. Ford - Page 18

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          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                 

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