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UNITED STATES v. NIEDELMAN

April 6, 1973

UNITED STATES of America,
v.
Hilda F. NIEDELMAN, Defendant


Whitman Knapp, District Judge.


The opinion of the court was delivered by: KNAPP

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

 Defendant Hilda Niedelman moves to dismiss an indictment charging her with one count of conspiracy, twenty-three "Travel Act" counts, and twenty-three mail fraud counts. She contends that:

 
1. The Travel Act, 18 U.S.C. § 1952, does not cover the alleged offenses commercial bribery.
 
2. The mail fraud counts are defective in that they fail to identify a victim of the alleged scheme to defraud.
 
3. The grand jury did not act as a body independent of the United States Attorney in that it did not scrutinize the actual terms of the indictment.
 
4. There is a possibility that defendant Niedelman's testimony before the grand jury was not heard by every juror that voted to indict her.
 
5. The prosecutor abused his discretion by seeking to indict defendant Niedelman at all, by treating her so severely in comparison both to her co-defendants and to those charged in companion indictments, and by failing to seek an indictment against either Aviquipo, the corporation of which defendant was Treasurer, or Lockheed, which later acquired it.

 I am persuaded that § 1952 was not intended to cover commercial bribery, but reject defendant's other arguments.

 I.

 Section 1952 provides:

 
(a) Whoever travels in interstate or foreign commerce or uses any facility in interstate or foreign commerce including the mail, with intent to --
 
(1) distribute the proceeds of any ...

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