- 19 - petitioner's trading in Tillex and Beverly Development through the seven brokerage accounts had produced gains of several million dollars in U.S. currency. The only information not reflected in the transcript of petitioner's Fatico hearing that does not also appear in exhibit 3 is the specific dollar amounts of the unreported "millions" in gains and losses. Yet, as we have noted, it appears that the specific dollar amounts had not even been calculated at the time of the Fatico hearing, which occurred at the end of the criminal proceedings against petitioner. During the Fatico hearing, AUSA Tomback explained that, although he had not calculated the exact amount of petitioner's gains, "it is certainly above the $3 million mark and * * * it is well above that as well. If Mr. Leicht were to sit down and calculate it, we can get a figure." Thus the precise figures in exhibit 3 apparently were never seen by an earlier empaneled grand jury, and they in no way indicated the pattern of the grand jury investigation or the deliberations of the grand jury. Accordingly, these figures were not "matters occurring before a grand jury" and "are not subject to the secrecy provisions of rule 6(e)." United States v. Phillips, 843 F.2d 438, 441 (11th Cir. 1988). Moreover, the specific figures would have constituted only sparse "summaries that reveal nothing about what transpired before the grand jury", regardless ofPage: 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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