United States v. Nelson
United States Court of Appeals for the Third Circuit
852 F.2d 706 (1988)
- Written by Sharon Feldman, JD
Facts
Nelson (defendant), the city attorney for New Brunswick, New Jersey, was involved in a purchase of property by the city. An assistant U.S. attorney (AUSA) secured grand jury subpoenas to investigate allegations of corruption in New Brunswick. Nelson learned about the investigation and altered the closing statement to account for monies withheld from the seller’s closing proceeds. Shamy (defendant), a lawyer whose associate represented the seller at the closing, falsely told prosecutors he had written a letter to Nelson proposing that Nelson withhold from the sale proceeds legal fees the seller owed to Shamy and keep the funds as repayment of a racetrack gambling loan. Nelson received a grand jury subpoena and produced Shamy’s fabricated letter and the altered closing statement. The AUSA left the government before presenting any evidence to the grand jury. Nelson and Shamy were charged with conspiracy to obstruct justice and obstruction of justice based on the fabricated letter and altered closing statement. At trial, Nelson and Shamy sought to demonstrate that the grand jury subpoenas secured by the AUSA before the letter and closing statement were produced did not establish a pending grand jury investigation. The AUSA testified that he had not scheduled time for the case in the grand jury, had no recollection of inspecting the subpoenaed records, and could not recall whether the records were delivered to the grand jury before his departure. The court barred further inquiry, explaining that there was a judicial proceeding pending if there was a sitting grand jury. Nelson and Shamy were convicted and appealed, arguing that the trial court unreasonably limited their cross-examination.
Rule of Law
Issue
Holding and Reasoning (Greenberg, J.)
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