Sam F. and Ingrid D. Ford - Page 19

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          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                 

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