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United States v. Gordon

decided: September 12, 1956.

UNITED STATES OF AMERICA, APPELLEE,
v.
NATHAN GORDON, DEFENDANT-APPELLANT.



Author: Frank

Before CLARK, Chief Judge, and FRANK and LUMBARD, Circuit Judges.

Defendant is secretary-treasurer of Local 651 of the International Brotherhood of Teamsters. A special federal grand jury, duly impaneled in the Southern District of New York to investigate alleged racketeering in the garment and trucking industries, served defendant with two subpoenas: One was personal, the other was a subpoena duces tecum calling for certain books and records of Local 651. When defendant appeared before the grand jury he did not produce the books and records. He answered all questions concerning them, testifying that he had never seen them and did not have them in his possession.

Questioned about the union and its activities and affairs, he answered these questions:

"Q. Mr. Gordon, are you the Secretary-Treasurer of Local 651 of the International Brotherhood of Teamsters?"

"Q. Does Local 651 have a telephone?"

"Q. Mr. Gordon, are you connected with any union other than Local 651?"

"Q. Were you ever a member of any other Union?"

"Q. Where are the offices of Local 651?"

On the ground that his answers might tend to incriminate him, he refused to answer the following questions:

"Q. Have you ever seen the original letter of which Grand Jury Exhibit 6 is a photostat?"*fn1

"Q. Do you pay dues?"

"Q. How many members are there in Local 651, if you know?"

"Q. How did you become Secretary-Treasurer ...


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