United States v. Gabriel
United States Court of Appeals for the Second Circuit
125 F.3d 89 (1997)
- Written by Sharon Feldman, JD
Facts
James Gabriel (defendant) was employed by Chromalloy Gas Turbine Corporation’s research and technology division (CRT). CRT contracted with Qantas to repair a jet-engine turbine case. Gabriel misled Qantas about where the case would be repaired. When the case was returned still damaged, Gabriel had it shipped to Qantas with a slip stating it could be returned to service and sent a fax stating it was 100 percent serviceable. A grand jury began investigating CRT’s misrepresentations regarding repairs. Gabriel told CRT’s counsel he had informed Qantas that the case was only partially serviceable. Gabriel then sent a fax to a Qantas representative headed “ongoing government investigation” and stating that CRT shipped the case as partially serviceable. Gabriel was convicted of witness tampering. On appeal, Gabriel argued that United States v. Aguilar, 515 U.S. 593 (1995), required that a “likely to affect” requirement be incorporated into § 1512(b)(1) and that the government failed to prove that his actions were likely to affect the Qantas representative’s grand jury testimony.
Rule of Law
Issue
Holding and Reasoning (Meskill, J.)
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