The opinion of the court was delivered by: LEVET
The above-named defendants George Rosen and Herbert Teitelbaum upon notice to the United States Attorney, Southern District of New York, have moved this court for an order directing the United States Attorney to return --
(2) their photographs (mug shots); and
(3) any other arrest records
pertaining to the above-named defendants in relation to the above-entitled criminal actions on the grounds that their charges against each have resulted either in an acquittal or dismissal or both.
The background of the above-named defendants' connection with the above-entitled case is as follows:
1. Indictment 67 Criminal 280, filed April 11, 1967, charged George Rosen and Hair Industry Ltd. with 13 counts of unlawful purchasing and importing raw Asiatic human hair during a period of National Emergency declared by the President without specifically receiving authorization from the Secretary of the Treasury, all in violation of Title 50, App. U.S.C. Section 5(b), and Title 31, Code of Federal Regulations, Sections 500.204 and 500.329. That indictment also charged George Rosen and Hair Industry Ltd. with one count of conspiracy to violate those sections. That indictment was tried before the Honorable Edmund L. Palmieri on March 30, 1970. In that trial both defendants were acquitted on all counts.
2. Indictment 66 Criminal 641, filed August 17, 1966, charged the above-captioned defendants with three counts of unlawful receipt and concealment of unlawfully imported wigs and four counts of unlawful importation of wigs in violation of Title 18, United States Code, Sections 545 and 2. On April 6, 1971 the corporate defendants pleaded guilty to Count One, Count Three, Count Four, Count Five, Count Six and Count Seven before Judge Richard H. Levet and were fined. At the time of sentencing before Judge Richard H. Levet on May 3, 1971, Counts Two, Three, Four and Five were dismissed without objection of the government as to the individual defendants George Rosen and Herbert Teitelbaum.
Hence, (1) defendant Rosen was acquitted in indictment 67 Criminal 280; and (2) the charges against defendants Rosen and Teitelbaum in 66 Criminal 641 were dismissed without objection of the government after the corporate defendants had pleaded guilty and been sentenced.
I am informed by James W. Rayhill, Assistant United States Attorney, in his affidavit sworn to April 5, 1972 that the property of the defendants seized in connection with 67 Criminal 280 has been returned to the defendants; and that an in rem proceeding, 65 Ad. 809, 72 N.Y.S. 1105, is now pending against the property seized in connection with 66 Criminal 641.
Mr. Rayhill's affidavit states, upon information and belief, that defendant Herbert Teitelbaum was never fingerprinted or photographed.
Consequently, the only remaining issues here relate to:
1. Individual arrest records of Rosen in indictment 67 Criminal 280 and in indictment 66 Criminal 641 and of Teitelbaum ...