United States v. Invader Oil Corporation
| Decision Date | 28 April 1925 |
| Court | U.S. District Court — Southern District of California |
| Parties | UNITED STATES v. INVADER OIL CORPORATION et al. |
Samuel W McNabb, U. S. Atty., and J. Edwin Simpson, Asst. U. S. Atty., both of Los Angeles, Cal.
W. I. Gilbert, of Los Angeles, Cal., for respondents.
Subpœnas duces tecum were heretofore issued by the clerk of this court, requiring the respondents named in the above title to appear before the grand jury in session at the present term and produce their records. All of the respondents except Owenwood Pool No. 3 are resident in the state of Oklahoma. Owenwood Pool No. 3 is a resident of the state of Texas. Respondents have appeared and moved to quash the subpœnas. This particular form of attack is not so expressed in the case of the Oklahoma respondents, but the name given it is not important. The objections mainly urged have to do with constitutional rights of respondents as they are reserved in the Fourth and Fifth Amendments.
In terms the subpœnas are broad enough to require the production of all of the records having to do with the business of respondents. The demand is, without question, as respondents' counsel have termed it, "most broad and sweeping." As to whether, in view of the facts as presented by the government, that demand so exceeds the limits of proper investigation as to amount to unreasonable search, may be first considered. That question is always a judicial one. The government has shown, by affidavits of post office inspectors, that matters were reported which gave notice to the department to which they belong that probable violations of the postal laws had been committed by reason of fraudulent practices of the management in control of all respondent organizations; that searches and examination of the records of the Oklahoma organizations and of that at Fort Worth, Tex., had been partially made, the most of it by force of a subpœna issued out of the federal courts and stipulations following the issuance thereof; that the entire number of respondents were constituted under one general control, represented by the corporate organizations named and the Owenwood Oil Corporation of Texas; that the syndicates and the pool referred to were subsidiaries; that a complete examination of all of the records of the organizations was not permitted to be had, and that the inspectors and auditors were obstructed in their efforts to obtain access to all of such records, some of them being withheld because of the claim, technically made, that they were not designated in the subpœna; that the subpœnas both in Texas and Oklahoma were finally vacated at the instance of the government; that, having elected to bring such prosecutions as the evidence to be developed might warrant in the District Court of the Southern District of California, the subpœnas were caused to be issued here. The fact further is claimed, and the affidavits tend to so show it, that the transactions of the respondent corporate organizations are so intermingled and concerned with the operations of the subsidiaries that the true conditions respecting the alleged fraudulent transactions are not reflected by the records of such corporate organizations. No effectual denial is submitted as to the facts just summarized; and even though that matter stood upon a conflict in the showing as between the government and respondents, the conflict would not be here resolved, so as to interfere with the proper investigation and prosecution of offenses under the criminal statutes.
It is the duty of the grand jury to make investigations, where that arm of the government charged with the duty of conducting criminal prosecutions presents evidence to it under the belief, based upon reasonable grounds, that the criminal laws have been...
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United States v. Culver
...1956 Term Grand Jury, 7 Cir., 239 F.2d 263 (1956); United States v. Smyth, N.D.Cal., 104 F.Supp. 283 (1952); United States v. Invader Oil Co., S.D.Cal., 5 F.2d 715 (1925). It is not necessary that an inquiry be initiated by a grand jury before a subpoena to produce records for consideration......
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Shelton v. United States, 20587.
...31 S.Ct. 538, 55 L.Ed. 771; Essgee Co. of China v. United States, 262 U.S. 151 43 S.Ct. 514, 67 L.Ed. 917. See also United States v. Invader Oil Corp., D.C., 5 F.2d 715. Moreover, the papers and effects which the privilege protects must be the private property of the person claiming the pri......
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...U.S. 361, 31 S.Ct. 538, 55 L.Ed. 771; Essgee Co. v. United States, 262 U.S. 151, 43 S.Ct. 514, 67 L.Ed. 917. See also United States v. Invader Oil Corp., D.C., 5 F.2d 715.' United States v. White, 322 U.S. 694, 64 S.Ct. 1248, 1251, 88 L.Ed. 1542. And, because of the personal character of th......
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United States v. Malnik, 72-3153.
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