U.S. v. Schlesinger
| Decision Date | 19 April 1979 |
| Docket Number | No. 569,D,569 |
| Citation | 598 F.2d 722 |
| Parties | UNITED STATES of America, Appellee, v. Nathaniel SCHLESINGER, Appellant. ocket 78-1375. |
| Court | U.S. Court of Appeals — Second Circuit |
Edward R. Korman, U. S. Atty. for the Eastern District of New York, Brooklyn, N. Y. (Douglas K. Mansfield, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for appellee.
Harold R. Tyler, Jr., New York City (Patterson, Belknap, Webb & Tyler, New York City, Rudolph W. Giuliani, Michael B. Mukasey, and Kenneth A. Caruso, New York City, of counsel), for appellant.
Before LUMBARD, FEINBERG and MESKILL, Circuit Judges.
Schlesinger appeals from his conviction for obstruction of justice after a jury trial before Judge Platt in the Eastern District of New York. Finding no merit in Schlesinger's claims that his indictment was based on inadequate evidence and that he was prejudiced by the trial judge's charge to the jury, we affirm the conviction.
Schlesinger's indictment and conviction grew out of the arrest of one Eliezer Veiss for smuggling in November of 1977. Veiss, an Israeli citizen, was arrested upon arriving at Kennedy Airport from Israel after a search by customs officials disclosed that he was carrying a large quantity of diamonds. Though Veiss did not speak English, he had represented both orally through an interpreter and in a written statement to customs officials that he was not carrying property that required declaration.
Schlesinger's connection with Veiss apparently developed after certain members of the Hasidic community in Williamsburg requested that he help Veiss defend himself against the smuggling charge. Schlesinger agreed and as a first step arranged for Veiss to be represented by attorneys Milton Gould and Thomas Andrews.
In December of 1977, Gould and Andrews met with David Trager, then the United States Attorney for the Eastern District and two of his assistants, Bernard Fried and Shira Scheindlin. It was agreed at the meeting that Veiss would submit to a polygraph examination so as to determine his state of mind at the time he attempted to enter the United States with the diamonds. The polygraph test was to be administered by an examiner agreeable to both sides and it was also agreed that its results were not to be admissible in court but were simply to aid the Government in deciding whether to prosecute Veiss.
In its search for a suitable examiner, the Government contacted James Keefe, whose firm Truth Verification, Inc., had previously done work for the United States Attorney's office. Keefe in turn recommended his co-partner Jessiah Jacobson, who, with the assistance of his brother Hirsch, could administer an exam in both Yiddish and Hebrew.
Jacobson proved acceptable to both sides and the examination was scheduled for the morning of December 29, 1977 in Jacobson's office at Truth Verification, Inc. What occurred at the examination and immediately thereafter was hotly contested at trial. According to the testimony of the Government's witnesses, Veiss was given the exam twice, first in Yiddish and then in Hebrew. Convinced by the end of the test that Veiss' answers were dishonest, Jessiah Jacobson went into Keefe's office and telephoned his conclusions to Special Agent Frederick Abbatiello, the customs officer assigned to Veiss' case. After returning to his own office, Jacobson, along with his brother Hirsch, explained to Veiss that he had failed the test.
While the Jacobsons were speaking to Veiss they noticed a man's shadow on the door, his ear pressed to the glass. The man was Schlesinger and, with Veiss' permission, the Jacobsons brought him into the room. Schlesinger introduced himself and explained that he was a go-between for persons of the Hasidic community having dealings with government agencies. He argued that Veiss could not have intended to smuggle the diamonds since the duty on their invoice value of.$19,000 would only have been about $500. When Jessiah Jacobson suggested that the value of the diamonds was in fact much higher than.$19,000, Schlesinger offered to place a call to his brother-in-law who was in the diamond business. The call only confirmed Jacobson's opinion, however, since Schlesinger's brother-in-law indicated that one of the diamonds alone was worth $25,000.
Failing in his attempt to persuade Jacobson that Veiss was telling the truth, Schlesinger nevertheless urged him to report to the United States Attorney's office that Veiss had passed the test. When Jacobson rejected Schlesinger's suggestion that he submit the false report for the sake of the Jewish community, Schlesinger switched to more tangible inducements, offering first to let Jacobson purchase the diamonds at the invoice price of.$19,000, and later to pay Jacobson $25,000 for a favorable report. Though Jacobson declined both offers, Schlesinger continued to urge that he falsify his report. Finally, and only because he had another appointment to go to and needed to get Schlesinger out of his office, Jacobson stated that he would think about Schlesinger's offers and that Schlesinger should come back later that afternoon.
When Schlesinger and Veiss departed, the Jacobsons went to Keefe's office and reported to him the details of Schlesinger's proposals. Jessiah Jacobson then called the United States Attorney's office but was told that Assistants Fried and Scheindlin were out to lunch. Before leaving he asked Keefe to continue calling that afternoon. Though Keefe placed a number of calls, he also was unable to reach either Fried or Scheindlin.
Jessiah Jacobson returned to his office at about 5:00 P.M. and found Schlesinger and Veiss waiting for him. Schlesinger promptly resumed his earlier attempts to persuade Jacobson to submit a favorable report, this time indicating that Jacobson could get $10,000 right away at Schlesinger's office. Jacobson thereupon excused himself, went into Keefe's office and placed a call to the United States Attorney's office. He advised Fried of Schlesinger's offer to pay $10,000 for a favorable report. Fried asked Jacobson if he would be willing to cooperate with the Government, and when Jacobson said that he would, Fried instructed him to go along with Schlesinger and pretend to accept the offer. Fried then arranged for customs agents to set up surveillance around Schlesinger's place of business at 50 Wallabout Street.
When Jacobson returned to his office he told Schlesinger, in accordance with Fried's instructions, that he would accept the $10,000. Schlesinger, Jacobson, Keefe and Veiss then went to Schlesinger's car and drove to 50 Wallabout Street. Inside, they went to Schlesinger's personal office where Schlesinger took $10,000 out of his safe and gave it to Jacobson. After Jacobson and Keefe had a brief tour of the premises, Schlesinger drove them back to their offices. Once there Jacobson called Fried who directed customs agents to pick up the bribe money.
Schlesinger's version of the events surrounding Veiss' polygraph exam contrasts sharply with the Government's. According to his testimony, Schlesinger accompanied Veiss to the offices of Truth Verification, Inc. on the day of the polygraph exam. Remaining outside in a waiting area while Veiss entered the room in which the exam was to be given, Schlesinger after a few minutes heard Jessiah and Hirsch Jacobson shouting at Veiss in "Jewish," telling him that smuggling was "a very big sin" and a "disgrace" and that Veiss would "rot in jail." Despite this abuse, Schlesinger waited outside the exam room for almost an hour until the test was over. When Jessiah Jacobson finally emerged from the exam room he informed Schlesinger that he didn't believe Veiss was telling the truth. Schlesinger responded that Veiss must have been upset by what he had been put through and he asked Jacobson to conduct a second test once Veiss had calmed down. Jacobson allegedly replied that he "didn't do anything unless he got paid for it," but might perform another test if he were allowed to purchase the diamonds for.$19,000. Though Schlesinger denied having any authority to sell Jacobson the diamonds, Jacobson nevertheless suggested that he come back at 3 o'clock and he would see what he could do about conducting a second test.
According to Schlesinger, when he returned to Jacobson's office later that afternoon, Jacobson stated that he would make the test if Schlesinger paid him $10,000. Schlesinger reluctantly agreed, and because of Jacobson's insistence that he be paid right away, drove with him to his office at 50 Wallabout and turned over the money. Schlesinger testified further, that despite his request that another test be made, Jacobson stated that it was...
To continue reading
Request your trial
-
United States v. Gruberg, 79 Crim. 447 (WCC).
...the grand jury. The Court finds that defendant's first argument is in fact foreclosed as a matter of law. See United States v. Schlesinger, 598 F.2d 722, 726 (2nd Cir. 1979), citing United States v. Calandra, 414 U.S. 338, 345, 94 S.Ct. 613, 618, 38 L.Ed.2d 561 (1974); Costello v. United St......
-
United States v. Massino
...on its face may not be challenged merely by an assertion that hearsay evidence was the basis for the indictment. United States v. Schlesinger, 598 F.2d 722, 726 (2d Cir.), cert. denied, 444 U.S. 880, 100 S.Ct. 168, 62 L.Ed.2d 109 (1979); United States v. Blitz, 533 F.2d 1329, 1344 (2d Cir.)......
-
People v. Curoe
...1, 1974, we have omitted discussion of evidence that pertains only to that charge.2 See Annotation, 59 ALR 567.3 In United States v. Schlesinger (2nd Cir. 1979), 598 F.2d 722, the Second Circuit Court of Appeals declined to follow Hodge on the ground that an indictment may be based on hears......
-
United States v. Loften
...618, 38 L.Ed.2d 561 (1974); Costello v. United States, 350 U.S. 359, 363, 76 S.Ct. 406, 408, 100 L.Ed. 397 (1956); United States v. Schlesinger, 598 F.2d 722, 726 (2d Cir.), cert. denied, 444 U.S. 880, 100 S.Ct. 168, 62 L.Ed.2d 109 (1979). Finally, the Government's explanation to the grand ......
-
Criminal Antitrust Enforcement
...fact that grand jury was presented with summaries of witness testimony presented to prior grand jury), with United States v. Schlesinger, 598 F.2d 722, 726 (2d Cir. 1979) (reading of summary of testimony to prior grand jury, while “unorthodox,” was not grounds for dismissal of indictment wh......
-
Table of Cases
...App. LEXIS 8250 (Fed. Cir. 1998), 1262 Schlegel Mfg. Co. v. USM Corp., 525 F.2d 775 (6th Cir. 1975), 1243 Schlesinger; United States v., 598 F.2d 722 (2d Cir. 1979), 1100 Schlotzsky’s, Ltd. v. Sterling Purchasing & Nat’l Distrib. Co., 520 F.3d 393 (5th Cir. 2008), 195, 197 Schmidt v. Columb......