United States v. Samuel Stone, 429 F.2d 138 (2d Cir. 1970). · Go Syfert
United States v. Samuel Stone, 429 F.2d 138 (2d Cir. 1970). Cases Citing This Book View Copy Cite
122 citation events (14 in the last 25 years) across 36 distinct courts.
Strongest positive: United States v. Calk (ca2, 2023-11-28)
Treatment trajectory · 1970 → 2026 · click a year to view as-of
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Top citers, strongest first. 49 distinct citers.
discussed Cited as authority (rule) United States v. Calk
2d Cir. · 2023 · confidence medium
And a grand jury investigation “is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.” Branzburg v. Hayes, 408 U.S. 665, 701 (1972) (quoting United States v. Stone, 429 F.2d 138, 140 (2d Cir. 1970)).
cited Cited as authority (rule) Rodriguez v. United States
E.D.N.Y · 2020 · confidence medium
Conn. Feb. 6, 2015) (quoting United States v. Stone, 429 F. 2d 138, 140 (2d Cir. 1970)) (brackets omitted).
discussed Cited as authority (rule) Trump v. Vance
2d Cir. · 2020 · confidence medium
United States v. Stone, 429 F.2d 138, 140 (2d Cir. 1970). 18 Relatedly, the President’s argument regarding the alleged scope of the investigation relies heavily on a New York Times article, which states that the District Attorney “is exploring whether the [Cohen payments] violated any New York state laws.” Joint App’x 16 ¶ 12.
discussed Cited as authority (rule) United States v. Hernandez
D.P.R. · 2015 · confidence medium
A grand jury investigation ‘is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.’ United States v. Stone, 429 F.2d 138, 140 (C.A.2 1970).
discussed Cited as authority (rule) United States v. Knight
2d Cir. · 2012 · confidence medium
Section 3292 does not demand that 20 the foreign evidence sought be pivotal to the indictment; rather, it need only be 10 1 “evidence of an offense.” Grand juries are not required to vote on indictments 2 as soon as they have probable cause: “A grand jury investigation ‘is not fully 3 carried out until every available clue has been run down and all witnesses 4 examined in every proper way to find if a crime has been committed.’” 5 Branzburg v. Hayes, 408 U.S. 665, 701 (1972) (quoting United States v. Stone, 6 429 F.2d 138, 140 (2d Cir. 1970)); see also United States v. R.
discussed Cited as authority (rule) United States v. Knight
2d Cir. · 2012 · confidence medium
Section 3292 does not demand that the foreign 20 evidence sought be pivotal to the indictment; rather, it need only be “evidence of 10 1 an offense.” Grand juries are not required to vote on indictments as soon as they 2 have probable cause: “A grand jury investigation ‘is not fully carried out until 3 every available clue has been run down and all witnesses examined in every 4 proper way to find if a crime has been committed.’” Branzburg v. Hayes, 408 U.S. 5 665, 701 (1972) (quoting United States v. Stone, 429 F.2d 138, 140 (2d Cir. 1970)); 6 see also United States v. R.
discussed Cited as authority (rule) United States v. Lyttle
2d Cir. · 2012 · confidence medium
Section 3292 does not demand that the foreign evidence sought be pivotal to the indictment; rather, it need only be “evidence of an offense.” Grand juries are not required to vote on indictments as soon as they have probable cause: “A grand jury investigation ‘is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.’” Branzburg v. Hayes, 408 U.S. 665, 701 , 92 S.Ct. 2646 , 33 L.Ed.2d 626 (1972) (quoting United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970)); see also United States v…
discussed Cited as authority (rule) United States v. Silveira
1st Cir. · 2005 · confidence medium
See United States v. Goguen, 723 F.2d 1012, 1019 (1st Cir.1983) (holding that defendant's false statement was material even though the grand jury was not certain that the defendant had lied until several weeks later, when three witnesses testified contrary to the defendant); United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970) (stating that materiality is more readily found in statements made to a grand jury than in “similar evidence offered on an issue in civil or criminal litigation, since the purpose of the investigation is to get at facts which will enable the grand jury to determine …
discussed Cited as authority (rule) In Re Grand Jury Subpoena
D. Alaska · 2002 · confidence medium
Thus, “[a] grand jury investigation ‘is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.’ ” Branzburg v. Hayes, 408 U.S. 665, 701 , 92 S.Ct. 2646 , 33 L.Ed.2d 626 (1972) (quoting United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970)).
discussed Cited as authority (rule) United States v. Awadallah
S.D.N.Y. · 2002 · confidence medium
Although “[a] grand jury’s investigation is not fully carried out until every available clue has been run down and all witnesses examined,” United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970), “the powers of the grand jury are not unlimited and are subject to the supervision of a judge.” Branzburg v. Hayes, 408 U.S. 665, 688 , 92 S.Ct. 2646 , 33 L.Ed.2d 626 (1972).
discussed Cited as authority (rule) United States of America, Appellant-Cross-Appellee v. Ibrahim Ahmad Suleiman, Defendant-Appellee-Cross-Appellant
2d Cir. · 2000 · confidence medium
The scope of legitimate inquiry is therefore broad....” United States v. Mancuso, 485 F.2d 275 , 281 n. 17 (2d Cir.1973); see In re Grand *40 Jury Subpoena Served Upon Doe, 781 F.2d 238, 248-49 (2d Cir.1986); United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970).
discussed Cited as authority (rule) Quayum v. United States Department of Health & Human Services
E.D.N.Y · 1998 · confidence medium
Under New York law “the test of materiality” is “whether the false testimony has the natural effect or tendency to impede, influence or dissuade the grand jury from pursuing its investigation.” People v. Davis, 53 N.Y.2d 164, 171 , 440 N.Y.S.2d 864, 868 , 423 N.E.2d 341 (1981) (quoting United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970)).
discussed Cited as authority (rule) United States v. Paul L. Barrett (2×)
D.C. Cir. · 1997 · confidence medium
The test of materiality in a grand jury investigation is substantially the same as at trial; although we have stated that “[m]ore specifically, in a grand jury setting, the false testimony must have ‘the natural effect or tendency to impede, influence or dissuade the grand jury from pursuing its investigation’ ” ánd that “the effect necessary to meet the materiality test is relatively slight, and certainly not substantial.” United States v. Moore, 613 F.2d 1029, 1038 (D.C.Cir.1979) (quoting United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970)), cert. denied, 446 U.S. 954 , 100 …
discussed Cited as authority (rule) In Re Grand Jury Proceedings No. 92-4: John Doe No. A93-155. United States of America v. Under Seal Under Seal
4th Cir. · 1994 · confidence medium
It has been said that “[a] grand jury investigation ‘is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.’ ” Branzburg v. Hayes, 408 U.S. 665, 701 , 92 S.Ct. 2646, 2667 , 33 L.Ed.2d 626 (1972) (quoting United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970)).
discussed Cited as authority (rule) State v. Fodor
Ariz. Ct. App. · 1994 · confidence medium
In the grand jury context, the test for materiality is whether “the false testimony has the natural effect or tendency to impede, influence or dissuade the grand jury from pursuing its investigation.” Franzi 139 Ariz. at 561 , 679 P.2d at 1048 (quoting United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970)); see also United States v. Martinez, 855 F.2d 621, 624 (9th Cir.1988).
discussed Cited as authority (rule) State v. Basden
N.C. Ct. App. · 1993 · confidence medium
In U.S. v. Paolicelli, 505 F.2d 971, 973 (4th Cir. 1978), citing U.S. v. Stone, 429 F.2d 138, 140 (2nd Cir. 1970), the Court stated: [Materiality of statements made in a grand jury investigation may more readily appear than that of similar evidence offered on an issue of civil or criminal litigation, since the purpose of the investigation is to get at facts which will enable the grand jury to determine whether formal charges should be *455 made against someone rather than prove matters directly at issue.
discussed Cited as authority (rule) In Re Subpoena Duces Tecum Directed to Dillon
W.D.N.Y. · 1992 · confidence medium
“A grand jury investigation ‘is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.’ ” Branzburg v. Hayes, 408 U.S. 665, 701 , 92 S.Ct. 2646, 2667 , 33 L.Ed.2d 626 (1972) (quoting United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970)); In re Grand Jury Subpoena for the Prod. of Certain New York State Sales Tax Records, 382 F.Supp. 1205, 1206 (W.D.N.Y.1974) (quoting Stone, 429 F.2d at 140 ).
discussed Cited as authority (rule) United States v. James Timothy Potter
4th Cir. · 1992 · confidence medium
We believe that the evidence recited above is substantial, and therefore sufficient to support the jury's verdict that Potter had in fact knowingly testified falsely. 32 The district court also held, as a matter of law, that Potter's false declaration was not material because it "was not capable of influencing the grand jury on the issues before it." J.A. at 1109. 7 We disagree. 33 A false statement is material if it has " 'the natural effect or tendency to impede, influence or dissuade the Grand Jury from pursuing its investigation.' " United States v. Paolicelli, 505 F.2d 971, 973 (4th Cir.1…
discussed Cited as authority (rule) In Re Grand Jury Subpoena of Williams
W.D. Pa. · 1991 · confidence medium
As a necessary consequence of its investigatory function, the grand jury paints with a broad brush. ‘A grand jury investigation “is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.” ’ Branzburg v. Hayes, 408 U.S. 665, 701 [ 92 S.Ct. 2646, 2666 , 33 L.Ed.2d 626 ] (1972) quoting United States v. Stone, 429 F.2d 138, 140 (CA2, 1970).” Moreover, the Court distinguished a Grand Jury subpoena from a criminal trial subpoena as follows: “A grand jury subpoena is thus much different from …
discussed Cited as authority (rule) United States v. R. Enterprises, Inc. (2×)
SCOTUS · 1991 · confidence medium
"A grand jury investigation `is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.'" Branzburg v. Hayes, 408 U. S. 665, 701 (1972), quoting United States v. Stone, 429 F. 2d 138, 140 (CA2 1970).
discussed Cited as authority (rule) Matter of Grand Jury Subpoenas
N.J. Super. Ct. App. Div. · 1989 · confidence medium
In a similar vein, the United States Supreme Court has emphasized that "an investigation may be triggered by tips, rumors, evidence proffered by the prosecutor, or the personal knowledge of the grand jurors," United States v. Calandra, supra, 414 U.S. at 344 , 94 S.Ct. at 618 , 38 L.Ed. 2d at 569 , and the grand jury's inquiry "is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed." Ibid., quoting United States v. Stone, 429 F. 2d 138, 140 (2d Cir.1970). *27 The importance of the attorney-clien…
discussed Cited as authority (rule) In re Eight Grand Jury Subpoenae Duces Tecum
S.D.N.Y. · 1988 · confidence medium
As noted by the Supreme Court: “ ‘A grand jury’s investigation is not fully carried out until every available clue has been run down and all witnesses examined....’” United States v. Dionisio, 410 U.S. 1, 13 , 93 S.Ct. 764, 771 , 35 L.Ed.2d 67 (1973) (quoting United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970)).
discussed Cited as authority (rule) United States v. Mahoney
D.D.C. · 1988 · confidence medium
As the United States Supreme Court noted in Branzburg v. Hayes, 408 U.S. 665 , 92 S.Ct. 2646 , 33 L.Ed.2d 626 (1972), “[a] grand jury investigation ‘is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.’ ” Id. at 701 , 92 S.Ct. at 2667 (quoting United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970)).
discussed Cited as authority (rule) United States v. Long
S.D.N.Y. · 1988 · confidence medium
The Supreme Court has noted the broad investigatory powers of the grand jury: “ ‘A grand jury’s investigation is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.’ ” United States v. Dionisio, 410 U.S. 1, 13 , 93 S.Ct. 764, 771 , 35 L.Ed.2d 67 (1973) (quoting United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970)).
discussed Cited as authority (rule) Matter of Nackson
N.J. Super. Ct. App. Div. · 1987 · confidence medium
It has been noted that a grand jury's task `is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.' United States v. Stone, 429 F. 2d 138, 140 (2d Cir.1970).
discussed Cited as authority (rule) United States v. James K. Farnham
4th Cir. · 1986 · confidence medium
A statement is material for purposes of § 1623 if it has “the natural effect or tendency to impede, influence or dissuade the grand jury from pursuing its investigation.” United States v. Paolicelli, 505 F.2d 971, 973 (4 Cir.1974), quoting United States v. Stone, 429 F.2d 138, 140 (2 Cir.1970); see also United States v. McComb, 744 F.2d 555, 563 (7 Cir.1984) (citing cases); accord, United States v. Bailey, 769 F.2d 203, 204 (4 Cir.1985).
discussed Cited as authority (rule) United States v. Esposito
S.D.N.Y. · 1986 · confidence medium
As the Second Circuit has stated: "A grand jury’s investigation is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed____” United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970).
discussed Cited as authority (rule) In Re Grand Jury Subpoena Served Upon John Doe, Esq., Richard Roe, Intervenor-Appellant v. United States (2×)
2d Cir. · 1985 · confidence medium
“A grand jury’s investigation is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed____” United States v. Stone, 429 F.2d 138, 140 (2 Cir.1970).
discussed Cited as authority (rule) In Re Grand Jury Subpoena Served Upon John Doe, Esq. Richard Roe, Intervenor-Appellant v. United States (2×)
2d Cir. · 1985 · confidence medium
United States v. Dionisio, supra, 410 U.S. at 9-10 . 51 "A grand jury's investigation is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed...." United States v. Stone, 429 F.2d 138, 140 (2 Cir.1970).
discussed Cited as authority (rule) Payden v. United States
S.D.N.Y. · 1985 · confidence medium
As the Supreme Court has noted, “ ‘[a] grand jury’s investigation is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed....’” United States v. Dionisio, 410 U.S. 1, 13 , 93 S.Ct. 764, 771 , 35 L.Ed.2d 67 (1973) (quoting United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970)).
discussed Cited as authority (rule) In Re Grand Jury Subpoena Duces Tecum Dated Jan. 2, 1985
S.D.N.Y. · 1985 · confidence medium
As the Supreme Court has noted, "`[a] grand jury's investigation is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed....'" United States v. Dionisio, 410 U.S. 1, 13 , 93 S.Ct. 764, 771 , 35 L.Ed.2d 67 (1973) (quoting United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970)).
discussed Cited as authority (rule) Franzi v. Superior Court
Ariz. · 1984 · confidence medium
In United States v. Stone, 429 F.2d 138, 140-41 (2d Cir.1970), the court said: [Mjateriality of statements made in a grand jury investigation may more readily appear than that of similar evidence offered on an issue in civil or criminal litigation, since the purpose of the investigation is to get at facts which will enable the grand jury to determine whether formal charges should be made against someone rather than prove matters directly at issue, (citation omitted) Leads to further inquiry may be of material worth to an investigation.
discussed Cited as authority (rule) Franzi v. Superior Court of Arizona
Ariz. · 1984 · confidence medium
In United States v. Stone, 429 F.2d 138, 140-41 (2d Cir.1970), the court said: [M]ateriality of statements made in a grand jury investigation may more readily appear than that of similar evidence offered on an issue in civil or criminal litigation, since the purpose of the investigation is to get at facts which will enable the grand jury to determine whether formal charges should be made against someone rather than prove matters directly at issue. (citation omitted) Leads to further inquiry may be of material worth to an investigation.
discussed Cited as authority (rule) United States v. Anthony J. Vesich, Jr.
5th Cir. · 1984 · confidence medium
“A grand jury investigation ‘is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.’ ” Branzburg v. Hayes, 408 U.S. 665, 701 , 92 S.Ct. 2646, 2666 , 33 L.Ed.2d 626 (1972), quoting United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970).
discussed Cited as authority (rule) Tofani v. State
Md. · 1983 · confidence medium
A grand jury investigation 'is not fully carried out until every available clue has been run down and all witnesses examined in every *183 proper way to find if a crime has been committed.’ United States v. Stone, 429 F.2d 138, 140 (CA2 1970).
discussed Cited as authority (rule) In the Matter of a Grand Jury Subpoena Directed to Marc Rich & Co., A.G. Marc Rich & Co., A.G., a Swiss Corporation v. United States
2d Cir. · 1983 · confidence medium
“A grand jury’s investigation is not fully carried out until every available clue has been run *666 down and all witnesses examined in every proper way to find if a crime has been committed . ... ” United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970).
discussed Cited as authority (rule) United States v. Vesich
E.D. La. · 1983 · confidence medium
United States v. Calandra, 414 U.S. 338, 343-344 [ 94 S.Ct. 613, 617 , 38 L.Ed.2d 561 ] (1974); United States v. Paolicelli, 505 F.2d 971, 973 (5th Cir.1974); United States v. Stone, 429 F.2d 138, 140 (2nd Cir.1970).
discussed Cited as authority (rule) In re Frigitemp Corp.
S.D.N.Y. · 1983 · confidence medium
See United States v. Calandra, 414 U.S. 338, 344 , 94 S.Ct. 613, 618 , 38 L.Ed.2d 561 (1974); Branzburg v. Hayes, 408 U.S. 665, 688 , 92 S.Ct. 2646, 2660 , 33 L.Ed.2d 626 (1972); Wood v. Georgia, 370 U.S. 375, 392 , 82 S.Ct. 1364, 1374 , 8 L.Ed.2d 569 (1962); United States v. Stone, 429 F.2d 138, 140 (2d Cir.1970). .
discussed Cited as authority (rule) Morgenthau v. Altman
N.Y. App. Div. · 1982 · confidence medium
A grand jury investigation ‘is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.’ United States v. Stone, 429 F.2d, 138,140 (CA2 1970)” (emphasis added).
discussed Cited as authority (rule) People v. Doe
N.Y. App. Div. · 1981 · confidence medium
A grand jury investigation ‘is not fully carried out until every available clue has been rundown and all witnesses examined in every proper way to find if a crime has been committed.’ United States v. Stone, 429 F.2d 138, 140 (CA2 1970).
discussed Cited as authority (rule) In re Grand Jury Subpoena Duces Tecum Served Upon Collazo Collazo
D.P.R. · 1981 · confidence medium
To this end it must call witnesses, in the manner best suited to perform its task. ‘When the grand jury is performing its investigatory function into a general problem area ... society’s interest is best served by a thorough and extensive investigation.’ * A grand jury investigation ‘is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.’ United States v. Stone, 429 F.2d 138, 140 (CA 2 1970).
discussed Cited as authority (rule) United States v. J. P. Reed
8th Cir. · 1981 · confidence medium
The Grand Jury’s scope of inquiry ... is not limited to events which themselves may result in criminal prosecution, but is properly concerned with any evidence which may afford valuable leads for investigation of suspected criminal activity during the limitations period. “[T]he test of materiality is whether the false testimony has the natural effect or tendency to impede, influence or dissuade the grand jury from pursuing its investigation.” United States v. Cohn, supra, 452 F.2d at 883 , citing United States v. Stone, 429 F.2d 138, 140 (2d Cir. 1970).
discussed Cited as authority (rule) United States v. Jack Lang, Walter Soots, Ralph Smith and Rick Corder
7th Cir. · 1981 · confidence medium
A grand jury investigation ‘is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.’ United States v. Stone, 429 F.2d 138, 140 (CA2 1970) . . .
cited Cited as authority (rule) United States v. Clayton Berardi
2d Cir. · 1980 · confidence medium
United States v. Stone, 429 F.2d 138, 140-41 (2d Cir. 1970).
cited Cited as authority (rule) Schwartz v. United States Department of Justice
E.D. Pa. · 1980 · confidence medium
U. S. v. Stone, 429 F.2d 138, 140 (2d Cir. 1970).
discussed Cited as authority (rule) United States v. David H. Moore
D.C. Cir. · 1980 · confidence medium
United States v. Stone, 429 F.2d 138, 140 (2d Cir. 1970); see Weinheimer v. United States, 109 U.S.App.D.C. 24, 26 , 283 F.2d 510, 512 (1960), cert. denied, 364 U.S. 932 , 81 S.Ct. 381 , 5 L.Ed.2d 366 (1961). 71 . “[I]f the false statement potentially interferes with the grand jury’s line of inquiry, materiality is thereby established even though the perjured testimony does not actually impede the investigations.” United States v. Devitt, 499 F.2d 135, 139 (7th Cir. 1974), cert. denied, 421 U.S. 975 , 95 S.Ct. 1974 , 44 L.Ed.2d 466 (1975).
discussed Cited as authority (rule) United States v. Cuesta
unknown court · 1979 · confidence medium
This was amplified when we approved the following language from United States v. Stone, 429 F.2d 138, 140 (2d Cir. 1970): A grand jury’s investigation is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.
discussed Cited as authority (rule) Keenan v. Gigante
NY · 1979 · confidence medium
A grand jury investigation 'is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.’ United States v. Stone, 429 F. 2d 138, 140 (CA2 1970).” Simply stated, it is for the Grand Jury to determine the most efficacious procedure to carry out its investigation, and even assuming the Grand Jury could have obtained the answers to its stated questions from an alternate source, it was entitled to hear such answers from appellant and probe further into the facts so revealed if it deemed more extensive…
discussed Cited as authority (rule) In Re Grand Jury Proceedings. Appeal of Larry Smith, Witness
3rd Cir. · 1978 · confidence medium
Where corporate entities and their officers are suspected of involvement with illegal bribes a broad examination of such corporations’ records may indeed be necessary inasmuch as “[a] grand jury’s investigation is not fully carried out until every reliable clue has been run down and all witnesses examined in every proper way to find if a crime has been committed . . . .” United States v. Dionisio, 410 U.S. 1, 13 , 93 S.Ct. 764, 771 , 35 L.Ed.2d 67 (1973), quoting from United States v. Stone, 429 F.2d 138, 149 (2nd Cir. 1970).
UNITED STATES of America, Appellee,
v.
Samuel STONE, Appellant
799, Docket 34651.
Court of Appeals for the Second Circuit.
Jul 7, 1970.
429 F.2d 138
James J. Cally, New York City, for appellant., Richard A. Givens, Asst. U. S. Atty., (Whitney North Seymour, Jr., U. S. Atty., for the Southern District of New York, John H. Doyle, III, New York City, of counsel), for appellee.
Smith, Hays, Bartels.
Cited by 107 opinions  |  Published
J. JOSEPH SMITH, Circuit Judge:

Samuel Stone, an attorney, was convicted of perjury in violation of 18 U.S. C. § 1621 in the United States District Court for the Southern District of New York, Harold R. Tyler, Jr., Judge, on trial to the court, jury waived, and appeals. Appellant was charged with two counts of perjury in grand jury testimony on February 19, 1969 (count one) and on March 10, 1969 (count two); he was acquitted by the court on the first count and found guilty on the second count. The only question raised in this appeal is appellant’s claim that his false testimony before the grand jury on March 10, 1969 was not material to the grand jury’s inquiry. The court found the false testimony was material to several legitimate objects of the grand jury’s investigation; we find no error and affirm.

In the fall of 1968 a federal grand jury for the Southern District of New York was investigating alleged obstruction of interstate commerce by the use of éxtortion in violation of the Hobbs Act, 18 U.S.C. § 1951; Stone was served with a subpoena on November 7, returnable on November 12, 1968, directing him to appear before the grand,-jury. The Nash Moving and Storage Company, owned by Jerome Rosenberg and another, had had difficulties in 1967 v&th.the Teamsters Union, and in order to induce the Teamsters to allow his company, to resume moving operations, Rosenberg, paid $1500 to Stone, whom Rosenberg did not then know and who had performed no legal services for him.; Stojie met Rosenberg on the street November 11, 1968, inquired as to what Rosenberg had told the grand jury and assured Rosenberg that the grand jury was just fishing and looking to create problems and trouble. Stone appeared before the grand jury on at least four occasions: November 14, 1968, November 19, 1968, February 19, 1969 and March 10, 1969, and the inquiry at the initial sessions was in regard to the $1500 he had received from Rosenberg. Stone claimed the money was payment for legal services for his negotiation of a contract, a copy of which he was unable at the time to produce; his explanations to the grand jury warranted a further inquiry into the possibility that he had been used as a conduit for an illegal payment to Teamsters officials in violation of 29 U.S.C. § 186. Stone was unable to find the original bill for his services and testified to the grand jury that at Rosenberg’s request, he supplied Rosenberg with a “copy” of the bill just a month previous to Stone’s appearance before the grand jury. By the time of the February 19 and March 10, 1969 sessions, the investigation had spread to include possible bribes to union officials, extortion in interstate commerce and obstruction of justice such as obfuscation of the grand jury investigation by any persons who had been called or were about to be called as witnesses before the grand jury. Before he testified at the March 10 session, Stone was informed of this expanded inquiry; in both the February 19 and March 10 sessions, however, Stone denied having met Rosenberg after he (Stone) had been notified to appear before the grand jury. When asked at the March 10, 1969 session if he wanted to amend any of his testimony given at the February 19 session, Stone specifically denied any meeting with Rosenberg subsequent to being subpoenaed.

Stone’s denials of any meeting with Rosenberg between November 7, 1968 and when Stone first appeared before the grand jury were the basis for the two counts of the indictment. The trial[*140] court found that appellant may have merely forgotten the November meeting when asked at the February 19, 1969 grand jury session, at which Stone’s answers were somewhat vague, that reasonable doubt of willful falsehood existed, and acquitted Stone on the first count. However, Stone was found to have been on notice that there would be further questions at the next session at which he was to appear; Stone’s positive denials at the March 10, 1969 session were found to be demonstrably and willfully untrue or false.

The essential elements of a violation of 18 U.S.C. § 1621 are the taking of an oath, in a case where a law of the United States authorizes the oath to be administered, to testify truly, and willfully and contrary to such oath making a false statement, as to a material fact and which the defendant did not believe to be true. See, e. g., United States ex rel. De La Fuente v. Swing, 146 F. Supp. 648 (S.D.Tex.1956), aff’d 239 F.2d 759 (5 Cir. 1956). Whether a meeting and conversation took place or not, was the salient fact about which the government contended Stone perjured himself. The government presented two witnesses to testify that there was a meeting between Stone and Rosenberg on November 11, 1968 around 4 p. m., thereby proving that Stone’s denials to the grand jury of such a meeting were false. The question is whether this false testimony, i. e., that there was no meeting between Stone and Rosenberg after Stone had been subpoenaed to appear before the grand jury and before Stone did first appear, was false testimony as to a material fact. The government must prove the materiality of the false testimony. Brooks v. United States, 253 F.2d 362 (5 Cir. 1958), cert. denied, 357 U.S. 927, 78 S. Ct. 1374, 2 L.Ed.2d 1372; Segal v. United States, 246 F.2d 814, 818 (8 Cir. 1969), cert denied, 355 U.S. 894, 78 S.Ct. 269, 2 L.Ed.2d 192; and the issue of materiality is one of law. United States v. Alu, 246 F.2d 29 (2d Cir. 1957), Brooks v. United States, supra. However, materiality of statements made in a grand jury investigation may more readily appear than that of similar evidence offered on an issue in civil or criminal litigation, since the purpose of the investígation is to get at facts which will enable the grand jury to determine whether formal charges should be made against someone rather than prove matters directly at issue. United States v. Alu, supra. Leads to further inquiry may be of material worth to an investigation. Thus the test of materiality is whether the false testimony has the natural effect or tendency to impede, influence or dissuade the grand jury from pursuing its investigation. Carroll v. United States, 16 F.2d 951 (2d Cir. 1927), cert. denied, 273 U.S. 763, 47 S.Ct. 477, 71 L.Ed. 880 (1927); United States v. Collins, 272 F.2d 650 (2d Cir. 1959), cert. denied, 362 U.S. 911, 80 S.Ct. 681, 4 L.Ed.2d 619 (1960); United States v. Marchisio, 344 F.2d 653 (2d Cir. 1965); United States v. McFarland, 371 F.2d 701 (2d Cir. 1966), cert. denied, 387 U.S. 906, 87 S.Ct. 1689, 18 L.Ed.2d 624 (1967); see United States v. Moran, 194 F.2d 623 (2d Cir. 1952), cert. denied, 343 U. S. 965, 72 S.Ct. 1058, 96 L.Ed. 1362 (1952).

A grand jury’s investigation is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed; its investigation proceeds step-by-step and a false statement by a witness, such as Stone, in any step, even though not relevant in an essential sense to the ultimate issues pending before the grand jury, may be material in that it tends to influence or impede the course of the investigation. Carroll v. United States, supra; United States v. Collins, supra; see United States v. Alu, supra. Materiality must only be established as of the time the witness’ answers were given since materiality refers merely to the relationship between the interrogation and[*141] the grand jury’s objective at the time. United States v. McFarland, supra. In this case, when Stone appeared; on March 10, 1969 and falsely testified that he had not met with Rosenberg after he (Stone) had been subpoenaed on November 7, 1968, the grand jury’s 'investigation had broadened to inquiries concerning possible violations of the Hobbs Act (e. g. 18 U.S.C. § 1951), improper management-labor payments such as the $1500 paid to Stone, and the possibility of obstruction of the inquiry itself. Although Stone did testify at that session that he had talked to Rosenberg on the telephone after receiving the subpoena, that conversation was purportedly only a general inquiry by Stone as to what was happening, i.e., why Stone had b'eéh subpoenaed. By denying a meeting with Rosenberg, Stone was minimizing . hjs post-investigation contacts with'' Rosenberg and withholding testimony which may have caused the grand jury to. inquire as to the purpose of such a meet- > ing, what transpired and whether there were others like it. Such an inquiry-would be proper and particularly rele-vant to the inquiries concerning obstruction of the investigation and improper" management-labor payments. By dénying the meeting with Rosenberg, no mat-. ter whether what transpired therein'Was’ later proven to be illegal or not, Stone’s false testimony to the grand jury on. March 10, 1969, reaffirming his .prior denials, had the tendency to impede, in-, fluence and dissuade the grand jury,, from further investigating the possibility of improper management-labor payments by Rosenberg and possible at-.,; tempts, by Stone by his remarks to Rosenberg in the conversation to obstruct the investigation. The grand jujyv might well have taken Stone’s remarks' to Rosenberg as an effort to encourage Rosenberg to continue his stated course." up to that time of telling the grand jury' nothing about' the payment made. This false testimony was material to the</ grand jury investigation and was properly held to constitute perjury.

Affirmed.