United States v. Sybil Schiff

Schiff appeals from the district court’s order denying her motion to dismiss the indictment and motion for disclosure of grand jury transcripts. We dismiss the appeal.

I.

FACTS AND PROCEEDINGS BELOW

This appeal is a result of a Justice Department investigation of the Synanon Church. This court has already heard several appeals by Ms. Schiff s codefendants. See United States v. Benjamin, 852 F.2d 413 (9th Cir.1988); United States v. Dederich, 825 F.2d 1317 (9th Cir.1987); United States v. Benjamin, 812 F.2d 548 (9th Cir.1987) (Benjamin I).

Ms. Schiff and eight codefendants are charged in a twenty-two count indictment with conspiracy, concealment of material facts, obstruction of justice, and perjury. Schiff filed a motion to dismiss the indictment based on prosecutorial misconduct. She alleges that the government engaged in “privilege harassment” by subpoenaing her to testify before the grand jury knowing she would invoke her Fifth Amendment privilege. She also appeals the district court’s denial of her motion to produce grand jury transcripts.

II.

JURISDICTION

The district court had jurisdiction over this case under 18 U.S.C. § 3231 (1982). Our jurisdiction turns on whether…