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UNITED STATES v. GOLDENBERG

January 6, 1967

UNITED STATES of America
v.
Bernard GOLDENBERG and Joseph Edwards, Defendants



The opinion of the court was delivered by: TENNEY

MEMORANDUM

 TENNEY, District Judge.

 Defendant Goldenberg moves herein for discovery and inspection, a bill of particulars, severance, and dismissal of the indictment for failure to charge facts constituting the crime of perjury.

 The defendant is named in the first three counts of a four-count perjury in-indictment which includes one count against Joseph Edwards. Defendant Goldenberg is accused of perjury before the Securities and Exchange Commission and the Grand Jury, and defendant Edwards is accused of perjury before the Grand Jury. All of the alleged false statements pertain to the alleged promotion activities of both defendants with respect to Fotochrome Corporation stock in the latter part of 1965.

 (1) Motion for Discovery and Inspection.

 Defendant Goldenberg moves for the inspection of the minutes of his Grand Jury testimony and for the production of the minutes of his testimony before the Securities and Exchange Commission.

 On the authority of United States v. Remington, 191 F.2d 246, 250-251 (2d Cir. 1951), cert. denied, 343 U.S. 907, 72 S. Ct. 580, 96 L. Ed. 1325 (1952), the Government makes no objection to this part of the motion, and it is accordingly granted.

 (2) Motion for Bill of Particulars.

 Defendant Goldenberg asks for a bill of particulars setting forth in detail exactly what the Government will claim is the truth of the matter as to which he is accused of giving false testimony, and that he be furnished with the time and place and the names of persons present at the time "when the testimony or acts adverse to [his] testimony before the Grand Jury and the S.E.C. occurred."

 The indictment as written contains all the particulars necessary to enable the defendant to understand the charges against him and to protect himself from double jeopardy. The purpose of a bill of particulars is not to obtain the Government's evidence or to grant defendant a preview of its case. In a perjury case the Government is required to set forth only the allegedly false statements and not what the truth was. United States v. Hiss, 185 F.2d 822 (2d Cir. 1950), cert. denied, 340 U.S. 948, 71 S. Ct. 532, 95 L. Ed. 683 (1951).

 Certain of the information requested may be obtained from the minutes of the Grand Jury and of defendants' testimony before the Securities and Exchange Commission. Any further requests for particulars are denied.

 (3) Motion for Severance.

 The general rule is that persons jointly indicted should be tried together, and this is especially true where a crime is charged which might be proved against the same defendants by the same evidence and which results from the same or a similar series of acts. Hall v. United States, 83 U.S.App.D.C. 166, 168 F.2d 161, 4 A.L.R.2d 1193 (D.C.Cir.), cert. denied, 334 U.S. 853, 92 L. Ed. 1775, 68 S. Ct. 1509 (1948); United States v. Kahaner, 203 F. Supp. 78 (S.D.N.Y.1962), aff'd, 317 F.2d 459 (2d Cir.), cert. denied, Keogh v. U.S., 375 U.S. 836, 84 S. Ct. 74, 11 L. Ed. 2d 65 (1963).

 The propriety of joining in one trial defendants accused of perjuring themselves about the same event has been upheld in United States v. Cohn, 230 F. Supp. 587 (S.D.N.Y.) aff'd sub nom. ...


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