In the Matter of a Witness Before the Grand Jury. United States of America v. Barry S. Marlin

This is an appeal from an order entered on October 5, 1976, adjudging the appellant in contempt of court for refusing to produce Grand Jury subpoenaed records and documents of an entity known as Belgrave Company and a bank account known as the Barry S. Marlin Business Account.

The central issue involved in this appeal is a factual determination as to whether Belgrave Company and the Barry S. Marlin Business Account are part and parcel of the “organized institutional activity” of appellant’s joint ventures and limited partnerships. The district court held that the above-named entities were an integral part of such “organized institutional activity” and therefore the subpoenaed books and records of those entities were not entitled to the protection of the Fifth Amendment.

FACTS

Appellant is an attorney who, as an investment counselor, promoted, sold, and operated investment partnerships and joint ventures. These various limited partnerships and joint ventures were established to purchase and operate individual investment properties. To conduct these activities for his investors, appellant set up various business entities. Property Acquisition and De velopment, Inc., was…