Gross

ORDER RE: DEFENDANT’S MOTION TO DISMISS THE INDICTMENT FOR FIFTH AMENDMENT AND DUE PROCESS VIOLATIONS

Defendant’s Motion to Dismiss the Indictment for Fifth Amendment and Due Process Violations came on regularly for hearing before this Court on April 12, 1999. After reviewing the materials submitted by the parties, argument of counsel, and the case file, it is hereby ORDERED that Defendant’s Motion is DENIED as to dismissal of the indictment, but the Government is required to provide copies of this Order to certain supervisors.

I. FACTS

On February 1, 1999, counsel for the Government informed Defendant’s counsel that on February 9, 1999, the Government intended to present a proposed superseding indictment to the grand jury. See Facsimile Letter from McNally to Katz dated Feb. 1, 1999, Gov’t Exh. 1. Defendant sought to postpone presentation of the indictment to the grand jury until February 16, 1999 because of Defendant’s illness. See Facsimile Letter from Katz to McNally dated Feb. 9, 1999, Gov’t Exh. 2. Defendant informed the Government that he wished to testify and present exculpatory evidence to the grand jury. Id. Despite Defendant’s repeated efforts to persuade the…