United States v. Maurice H. Friedman, United States of America v. Manuel Jacobs

After a lengthy jury trial codefend-ants Friedman and Jacobs were found guilty on six and five counts, respectively, of a multicount indictment. They appeal, alleging numerous errors. We affirm.

Appellants had previously been convicted, along with others, for participating in an organized scheme to cheat for profit in card games played at the Friars Club in Beverly Hills, California. See United States v. Roselli, 9 Cir., 1970, 432 F.2d 879 . During the trial of that case (referred to as the Friars Club case), a secret grand jury transcript was found on the counsel table of the defense. It contained the testimony of a witness before the grand jury that had returned the indictments in that case. The court had not authorized access to the transcript by defense counsel.

In the case before us, eleven defendants were indicted on a total of 25 counts. All but three received severances, and of the three who went to trial together, one, Harold Rosenthal, was granted a motion for acquittal at the close of the prosecution’s case. The other two, Friedman and Jacobs, are the present appellants. Friedman was convicted on the following counts: Count 1: conspiracy ( 18 U.S.C. § 371 ); Count 5:…