United States v. James Douglas Griffin

Griffin appeals the District Court’s order denying his motion to dismiss the indictment on the grounds of vindictive prosecution. We must determine if such an order may be appealed, before trial, as a final decision within the meaning of 28 U.S.C. § 1291 . If it is subject to an interlocutory appeal, we must then decide whether the trial court erred in refusing to dismiss the indictment.

In September, 1976, the Labor-Management Services Administration learned of evidence that the defendant may have embezzled funds during his tenure as the Financial Secretary for the Roofer’s Union Local 135, and the Coordinator for the Phoenix Roofing Industry Joint Apprenticeship Committee [hereinafter referred to as “JAC”]. Thereafter, an intensive investigation by officers of the Department of Labor culminated in an indictment on March 22, 1979, charging Griffin with 35 counts of embezzlement in violation of 18 U.S.C. § 664 and 29 U.S.C. § 501 (c). United States v. James Douglas Griffin, CR 79-77-PHX-WPC (D.Ariz.) [hereinafter referred to as “Griffin I”].

During the period of the initial investigation in Griffin I, investigators of the Department of Labor discovered evidence that Griffin may…