United States v. Scrimgeour Book Reviews

United States v. Scrimgeour by Fifth Circuit. Unit B United States Court of Appeals Book Summary

The Government appeals from the district court's dismissal of a five-count indictment charging William Scrimgeour with knowingly making false material declarations before a grand jury in violation of 18 U.S.C.A. § 1623.1 The district court granted Scrimgeour's motion to dismiss the indictment, ruling that prosecution was barred by the recantation provision of 18 U.S.C.A. § 1623(d).2 Scrimgeour made material declarations under oath before a grand jury and subsequently reappeared and admitted those declarations to be false. He first testified before the grand jury, which was investigating price fixing in the southern Florida bond paper market, on June 16, 1977. His testimony contradicted that given by a prior witness, David Boynton, who had testified that Scrimgeour attended price fixing meetings. For that reason, Scrimgeour was twice warned by the Government attorney of the penalty for perjury and given an opportunity to change his answers. Scrimgeour declined at that time to change his testimony. On July 27, 1977, Michael Nachwalter, Scrimgeour's attorney at that time, contacted a Government attorney concerning Scrimgeour's possible perjury and requested that the Government provide a copy of Scrimgeour's grand jury testimony. That request was refused on the ground that grand jury proceedings are secret under Fed.R.Crim. P. 6(e). On August 12, 1977, Nachwalter again requested that the Government attorneys allow Scrimgeour to view a transcript of his testimony, but the Government again refused on the ground that a court order would be required under Rule 6(e).

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