Amrep Corporation

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IN THE MATTER OF AMREP CORPORATION Docket 9018. Interlocutory Order. Aug. 10, 1977 General counsel directed to petition United States District Court (S. ) for grand jury testimony; and procedures established for in camera review by ALJ and access to testimony by counsel for both sides. ORDER GRANTING REQUEST FOR ApPLICATlON TO UNITED STATES DISTRICT COURT FOR GRAND JURY TESTIMONY In a report of August 2, 1976, the administrative law judge in this proceeding recommended that the Commission seek access to grand jury testimony presented by a prospective witness in this proceeding, Mr. Paul W. Heinz, in a criminal proceeding against this respondent, United States v. Amrep Corp. No. 75 Cr. 1023 (S. ). We took that recommendation under advisement pending completion of the criminal proceedings in the expectation that Mr. Heinz' testimony would be turned over to respondent in those proceedings, 88 F. C. 457 (1976). The law judge, in a report of July 27, 1977, now informs us that respondent has not secured access to transcripts of the testimony, and the criminal case has concluded. Respondent requests access to the transcripts for their potential value in impeaching Mr. Heinz prospective testimony. Accordingly, It is ordered, That the Commission s General Counsel shall expeditiously petition the United States District Court for the Southern District of New York for discretionary release, pursuant to Rule 6(e) of the Federal Rules of Criminal Procedure, of all transcripts of grand jury testimony presented by Paul W. Heinz, in connection with United States v. Amrep Corp. No. 75 Cr. 1023. It is further ordered, That should any such transcripts be secured by the General Counsel acting on the Commission s behalf, they shall be delivered to the Administrative Law Judge in this proceeding, who shall review them in camera to determine whether they would be producible after direct examination of Mr. Heinz, under the standards in conformity with the Jencks Act which the Commission has L.established Ernest Mark High 56 F. C. 625, 632-633 (1959); Balfour Co., 69 F. C. 1118 (1969); Inter-State Builders, Inc., 69 F. 1152 (1969); Star Office Supply Co., 74 F. C. 1595 (1968). Access may be granted to complaint counsel in advance of hearings to enable them to reassess whether to elicit testimony from Mr. Heinz. Access to respondent should be granted af' er direct examination of Mr. AMREP CORP. 141 140 Interlocutory Order Heinz if such transcripts are within the Commission s Jencks Act standards.

""UERAL TRADE COMMISSION DECISIONS Interlocutory Order 90 F.T.