In Re Grand Jury Witness. Robert Molina v. United States

This appeal is taken from an order holding appellant in contempt for refusal to comply with an order directing him to appear and produce documents in response to a grand jury subpoena duces tecum. Ap pellant contends that production of the documents would tend to incriminate him and that the documents are his personal papers.

Appellant is banquet manager for the San Francisco Hilton Hotel. Under him are four supervisors. With this staff appellant manages the details of all banquets held at the hotel. Agreements between the hotel and the banquet customers are made by the hotel’s catering office. Pursuant to collective bargaining agreements with the union representing the waiters and busboys, banquet agreements provide for a gratuity of 15 per cent. This gratuity is added to the banquet’s bill, collected by the hotel and then divided, 75 per cent, to the waiters and busboys, and 25 per cent, to supervision personnel. Quite frequently, at the hotel’s suggestion, the customer agrees to an additional 1 per cent, gratuity as an incentive for providing top service. When this occurs the extra 1 per cent, over the 15 per cent, called for by bargaining contract goes to supervision.

The…