- 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 of
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