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IN RE MORGAN

May 29, 1974

In the Matter of Robert F. MORGAN, Director of Finance Summa Corporation d/b/a Frontier Hotel, Las Vegas, Nevada, Witness Before the Federal Grand Jury

Gurfein, District Judge.


The opinion of the court was delivered by: GURFEIN

GURFEIN, District Judge.

Robert F. Morgan, Director of Finance of the Summa Corporation ("Summa"), a witness before the Special Grand Jury has moved to quash a Grand Jury subpoena duces tecum calling for the production of certain records of the Frontier Hotel and Casino ("Frontier") in Las Vegas, Nevada, which is owned by Summa.

 The grounds for the motion to quash are that:

 (1) Compliance with the subpoena would be unreasonable and oppressive because it is not relevant to the inquiry being conducted or to the federal crimes under investigation; it is burdensome and oppressive because the Frontier would suffer serious damage to its business if required to produce the documents demanded, since the interviewing of its gambling customers would tend to keep them from returning to gamble at the Frontier.

 (2) The issuance of the subpoena constitutes an abuse of the Grand Jury process because the Grand Jury is allegedly being used for the purpose of gathering information for use in a civil case or for use in civil and criminal cases concurrently.

 The subpoena duces tecum demands the production of the following records:

 
"1. Records of all Junkets, Tours, Groups or other arrangements for the years 1971 and 1972 brought in by [John Doe] which reflect.: *fn1"
 
(a) The amount of front money by individual name of Junketeer and date of Junket, Tour, Group or other arrangement.
 
(b) Repayment of front money by individual name of Junketeer and date of Junket, Tour, Group or other arrangement.
 
(c) Date of arrival, departure and city of origin.
 
2. Records of all collections on markers, IOUs and checks by [John Doe] for the years 1971 and 1972 to include but not limited to:
 
(a) Markers, IOUs or check lists.
 
(b) Memorandums of transmittal.
 
(c) Information on all Casino Bank Accounts used by [John Doe] for processing of collections, including deposit tickets, ...

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