United States v. Norman Tyrone

Appellant was indicted, tried and convicted in a court trial on two counts of a three count indictment charging violations of 18 U.S.C. § 1621 [perjury]. He appeals. We affirm.

Factual Background

Inasmuch as appellant’s main points are: (1) that the two counts on which he was convicted charge only one crime, and (2) that the alleged perjured testimony was not material to the main issues before the grand jury, we feel that a skeleton statement of facts is sufficient.

Appellant, a mortgage or loan broker, was involved in negotiating a loan for Pacific Bridge Company (Pacific) from the Teamsters union pension fund (Teamsters) in connection with the development by Pacific of the Sierra-Tahoe Hotel and Casino at Lake Tahoe, Nevada. After the original manager of Pacific terminated his employment with that company, appellant continued the negotiations with the new manager, William Sweigert. In September, 1964, appellant met with Sweigert and Frank Farella, attorney for Pacific, in Chicago, in connection with the proposed loan.

The evidence is undisputed that the grand jury, which returned the indictment, was investigating possible violations of federal law in connection with the…